Texas D.A. wants cameras barred from jury deliberations in murder case
By The Associated Press
11.22.02
HOUSTON — A Harris County prosecutor is fighting a judge's order to allow a PBS program to film jury deliberations in a capital murder trial.
District Attorney Chuck Rosenthal has asked the Texas Court of Criminal appeals to reverse a decision by state District Judge Ted Poe to allow PBS' "Frontline" program to videotape the entire trial for a documentary.
If the filming is allowed, the Houston Chronicle reported that the capital murder jury would become the first in the country to be videotaped.
Jury selection begins Nov. 25 in the trial of 17-year-old Cedric Harrison, accused of a fatal shooting in a carjacking.
Rosenthal said he objected to cameras because they could influence the jury selection and deliberations.
"The desire to appear on a 'Survivor'-style reality television series should not be added to the qualifications for jury service," he said.
But Poe and others contend that cameras in the courts can be educational and can keep the system honest.
Poe couldn't comment specifically on the murder case, but he said he had never before allowed a camera into the jury room.
"If I thought (cameras in the courtroom) would affect anybody's decision, I wouldn't do it. I would never do anything in a trial to jeopardize justice," Poe said in today's Chronicle. "I believe we have the best system there ever has been. We shouldn't be ashamed of how it works. Let's show it off."
He said he opposes filming children and sexual assault victims.
Harrison is accused of shooting to death Felix G. Sabio II, 35, on June 2 outside Sabio's apartment. Harrison was arrested after a chase that ended in a fiery crash.
Harrison, his mother and one of his lawyers, Ricardo Rodriguez, support Poe's decision.
"If the state of Texas wants to attempt to execute a 17-year-old, I think the whole world should be watching to make sure everything is done correctly," Rodriguez said.
Windi Akins, Harrison's second lawyer, said she reluctantly agreed at the urging of her client.
Experts say that in Texas it's a custom, not a law, to keep trial jury deliberations secret. Judges have had discretion on whether to allow cameras in courthouses and courtrooms.
There appears to be no precedent in Texas barring the filming. A Dallas judge this year allowed a news crew to tape two civil jury deliberations.
Poe's lawyer, Charles "Chip" Babcock, said because the defendant had consented, the judge wanted to go ahead with the filming.
He said an unobtrusive ceiling camera would be used and no full-time cameraman would be needed. The videotapes would be sealed daily and kept by the court until after the verdict.
In their request to film the process, "Frontline" producers said they are going to great lengths to ensure the documentary would be educational and promote understanding "of the reality of capital law and the administration of our capital justice system."
The award-winning public TV program debuted in 1983 and has shown documentaries on subjects such as foreign affairs, family, criminal justice, politics and the press.