Jeffs' confession could lead to removal of camera from courtroom
 
By Brent Hunsaker
ABC 4 News
 
Warren Jeffs wrote his own confession. "I haven't been a Prophet. I'm not the Prophet." It was contained in a note Jeffs tried to give to 5th District Court Judge James Shumate last week. He obviously wanted that message out. Now the news media has obliged.

Using editing software, photographers and consultants with the Deseret News were able to digitally zoom in on a courtroom photograph of Jeffs holding up the note, flip the picture and enhance it so that some of the words could be read. That photograph was then distributed Wednesday night to all media outlets that participate in the pool for the Jeffs trial. By the next day, Jeffs' confession was everywhere.

But the media may pay a price for the high-tech snooping on Jeffs. Several legal experts contacted by ABC 4 say it's possible--perhaps even probable--that Jeffs' attorneys will ask that cameras be banned. What's more, they believe Judge Shumate will grant the request.

Here are the arguments for kicking out cameras:

The media violated the will of the court. Judge Shumate did not allow Warren Jeffs to bring his "matter" before him. He obviously did not want whatever impromptu presentation Jeffs had in mind placed into the court record. And he definitely did not want it made public.

The disclosing of the message in the note violated Attorney-Client privilege. The note eventually ended up in the hands of lead defense attorney Wally Bugden.

On the other side:

It's argued the note was not privileged communication because it was intended for the judge, not Bugden. He got the note only after the judge rebuffed Jeffs.

Those who want cameras to stay insist the judge can tighten rules, but removing them altogether would deprive people of the best, most accurate view of the court proceedings. The whole reason for allowing cameras is to make the courts more open, transparent.

Still, in denying the motion to change venue last week, Judge Shumate expressed concerns about press coverage of the trial...specifically citing reports and editorials from The Spectrum newspaper based in St. George. The release of the note may only serve to confirm his concerns and lead him to decide that he can no longer trust having a photographer in his courtroom.

brent@abc4.com
 
ABC4.com
Originally broadcast April 5, 2007
 
Back