Updated Jan. 18, 2002, 5:25 p.m. ET
Federal judge bars TV cameras from Moussaoui terror trial  
Photo
Zacarias Moussaoui, a 33-year-old Islamic militant, goes to trial Oct. 14.

A federal judge Friday rejected Court TV's petition to televise the trial of Zacarias Moussaoui, the only person to be charged directly in connection with the Sept. 11 terrorist attacks that brought down four commercial jetliners and the World Trade Center's twin towers.

U.S. District Court Judge Leonie Brinkema ruled that federal rules that bar cameras from courtrooms during federal proceedings are constitutional. Federal prosecutors opposed Court TV's motion (PDF) as a violation of federal court rules and because, some believe, televised proceedings could put witnesses in danger and provide a worldwide forum for the accused terrorist.

Court TV, which is owned by AOL Time Warner and Liberty Media Corp., had argued in legal papers that all 50 states allow cameras in courtrooms in some cases and that 37 specifically allow cameras in criminal proceedings. The network also said the ban on televising federal criminal trials is unconstitutional because the U.S. Constitution gives the public the right to have access to courtroom proceedings.

"The court denied our application," network lawyer Lee Levine told Court TV's Sheila Stainback. "Essentially, she ruled it is up to Congress and not her as a trial judge to change the rules."

According to Levine, Brinkema also indicated that she would have denied the request, on witness safety grounds, if the rules did not already bar camera access.

"We are very aware of the extensive, legitimate public interest this case, and understand that many thousands of people in this country and throughout the world, suffered devastating losses on Sept. 11, 2001," Brinkema wrote in her 14-page ruling.

"It is understandable that they might want to watch this trial. However, contrary to what interveners have argued, the purpose of this trial is not to provide catharsis to the victims or to educate the world about the American legal system," the ruling continued. "Instead the purpose is to determine the innocence or guilty of this defendant for the specific crimes charged in the Indictment."

Court TV's chairman and chief executive officer, Henry Schleiff, said the network hopes that Congress will change the federal rule and give judges discretion concerning camera access to federal trials.

"Court TV appreciates U.S. District Judge Leonie M. Brinkema's serious consideration of this important decision and her willingness to hold a hearing to discuss the petition's merits. Most importantly, we understand and fully endorse Judge Brinkema's judgment that the issue of camera access in federal courts most properly belongs before the United States Congress," Schleiff said in a written statement.

"Given the growing public consensus and favorable experience in the majority of states that allow cameras in their courtrooms, we are optimistic that the United States Congress will soon pass legislation permitting cameras in our federal courts subject, however, to the sole discretion of the trial judge," the statement continued.

Moussaoui, a 33-year-old French citizen of Moroccan descent, faces life in prison if convicted of participating in a terrorist conspiracy that led to the hijackings and forced crashes of four American airliners. The government has alleged that the defendant, who refused to enter pleas at his arraignment, may have intended to take part in the attacks but was taken into custody in Minnesota on immigration violations.

Brinkema gave prosecutors until March 29 to decide whether they intend to seek the death penalty. The trial is scheduled to begin Oct. 14.

 


advertisement

 

Contact us
©2002 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo