Ban on TV at Rampart Trial Appealed

The Courtroom Television Network, better known as Court TV, and two Los Angeles television stations have turned to the state’s 2nd District Court of Appeal in their quest to carry live television coverage of the first Rampart police corruption trial.

The broadcast entities are appealing a ruling by Superior Court Judge Jacqueline A. Connor that bars television cameras from her courtroom during the trial of Sgts. Edward Ortiz and Brian Liddy and Officers Paul Harper and Michael Buchanan. The four are charged with scheming to obstruct or pervert justice. Opening statements and testimony are expected to begin this week.

The appeal, filed by Court TV, KCAL-TV Channel 9 and KCBS-TV Channel 2, could lead to a landmark decision concerning cameras in the courtroom, which have been a rarity in Los Angeles since the judicial backlash against the highly publicized O.J. Simpson murder trial six years ago. The document asks the appeals court to declare unconstitutional the state’s Rule 980, which gives judges sole discretion over whether to allow television coverage of proceedings in their courtrooms.

“To the extent that Rule 980 does not recognize a presumption that court proceedings should be televised, it is inconsistent with the 1st Amendment and . . . the California Constitution,” media attorney Karen N. Frederiksen states in her brief. Barring TV cameras also denies the public and media the constitutional right to attend public trials, the lawyer argues.

“Indeed, the constitutional right of access to court proceedings will be eviscerated if it does not extend to live television coverage of criminal trials such as this, where public seating in the courtroom is limited and public interest in the trial is enormous,” she says.

Frederiksen charges in court papers that Judge Connor’s “denial of the applications to televise the trial, and her refusal to conduct a public hearing addressing those applications, was improper and indeed unlawful.”

Connor’s stated reason--that television coverage of witnesses at this trial could affect future Rampart trials--is not a lawful justification for barring cameras, Frederiksen says.

Court TV, KCAL and KCBS are asking the appeals court either to overturn Connor’s decision to bar cameras or to halt the trial until a hearing can be held.