When I got Held In Contempt. Good Times!!!

Sunday, January 11, 1998


Television station reporter, photographer fined for contempt
TYLER, Texas (AP) -- A judge has ordered a Tyler television reporter and cameraman to each pay $250 for violating his order not to photograph juvenile sexual assault suspects who are on trial.
Because of the station's violation, Visiting Judge Clifford Davis of Fort Worth also decided Friday to bar all media and the general public from the trial of four teen-agers accused of attacking an 14-year-old girl during a middle-school gym class.
"This is the only thing I can do, even if I have to do it with regret," Davis said. "I consider this a very egregious violation of my order."
Jim Giametta, executive editor for the Tyler Morning Telegraph, asked Davis to keep the trial open so readers could follow a case that has attracted significant community interest. He also questioned the fairness of barring media members who have complied with the court's instructions.
But Davis said he had to bar all media or it would appear he's giving preferential treatment.
By law, court proceedings involving juveniles are closed but can be opened at a judge's discretion. On Monday, Davis granted the Morning Telegraph's request for an open trial.
While KETK reporter Lynn Stuart and cameraman James Tomlinson were covering the trial for the first time Thursday, Davis went into the courthouse hall and told them not to photograph the suspects.
"We did not feel it appropriate for this judge to verbally instruct a reporter, in the hallway with court in recess, not to use material that is part of a story of such significant public interest," station manager Phil Hurley said in a prepared statement.
Before the trial resumed Friday, Davis halted testimony and subpoenaed Ms. Stuart, Tomlinson and copies of four KETK newscasts that featured the footage. He then held a contempt of court hearing.
Davis asked Ms. Stuart and Tomlinson if they recalled a conversation Thursday when he instructed them not to photograph the juveniles. Both said they understood the judge's instruction and said they were aware the juveniles could be seen in news broadcasts reviewed in court Friday.
In response to questioning from station attorney Trey Yarbrough, Ms. Stuart and Tomlinson said they were not aware of a written order preventing them from photographing the juveniles.
Davis found Ms. Stuart and Tomlinson in contempt for violating his oral warning.
KETK news director Andy Shaw said the station was considering an appeal. He added that the station's attorney was "looking at various options this weekend."
On Friday evening, The Morning Telegraph and KLTV submitted a list of alternatives for Davis to consider instead of closing the courtroom.
Among their suggestions were a media pool, allowing reporters to listen to testimony in another room via an audio line, or giving all media access to the courtroom but prohibiting publication or broadcast until the conclusion of the trial. Davis did not immediately respond.
Shaw said the community deserves coverage of the trial, in which two 13-year-olds and two 14-year-olds are accused of delinquent conduct stemming from an Oct. 20 incident during a physical education class.
"It involves the safety of children in schools," Shaw said. "It's very relevant to any one of our kids."