Colorado high court gives ABC News access to trials

By The Associated Press

12.17.02

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DENVER — The Colorado Supreme Court has agreed to give ABC-TV access to the workings of criminal trials, including jury deliberations and attorney strategy sessions.

The decision Dec. 11 came the same day that the top court in Texas agreed to consider giving PBS-TV access to jury deliberations in a capital murder trial.

In the next few months, ABC News' "State v." program hopes to begin videotaping as many as six Colorado criminal cases that will be aired up to a year after juries return verdicts.

The nationally broadcast show offers a behind-the-scenes look at criminal cases from trial preparation through the verdict. It first aired last summer, using cases from the Phoenix area, with interviews from the defense, prosecution and families along with unusual footage of deliberating jurors.

Everyone connected with the cases, including defense attorneys, defendants, prosecutors, victims, jurors and judges, must agree to the arrangement.

If there is any indication the taping is influencing the case, ABC News will immediately terminate coverage. ABC will pay nothing for the right to broadcast cases.

"We believe that we do have a responsibility to educate the public about what really goes on in the courts and criminal trials specifically, and this program serves that goal," state Supreme Court Justice Rebecca Kourlis said.

Though the court's permission pertains only to "State v.," the action could open the door to others to do similar reporting if they agreed to provide similar safeguards, said Karen Salaz, spokeswoman for the state court administrator's office.

Colorado Public Defender David Kaplan expressed concern about the attorney-client privilege between his lawyers and the accused. He has told ABC News he will review on a case-by-case basis each one involving his office.

ABC producer Michael Bicks acknowledged that what "State v." does is controversial. "We are walking into a situation where a person's life is at stake," Bicks said. "If there are not proper safeguards, it has the potential of causing problems."

In Texas, a judge ruled in November that a camera from the PBS-TV documentary series "Frontline" could record the entire capital murder trial of a 17-year-old in Houston. The district attorney appealed to the Texas Court of Criminal Appeals, which said Dec. 11 it would consider the case. Arguments are scheduled for Jan. 15.

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