Reuters Judge Cites Security, Rejects TV in Moussaoui Trial WASHINGTON (Reuters -- A U.S. judge on Friday rejected a request by
cable network Court TV to televise the trial of Zacarias Moussaoui, saying
there were ``significant concerns'' about security in the trial of the
first person indicted in connection with the Sept. 11 attacks on
America. In a 13-page ruling, District Court Judge Leonie Brinkema rejected the
request by Court TV to overturn rules banning cameras in federal
courtrooms. ``Significant concerns about the security of trial participants and the
integrity of the fact-finding process justify a ban on photographing and
broadcasting this trial,'' said Brinkema, who will preside over
Moussaoui's trial at the Alexandria, Virginia courthouse. ``In particular we find that audio or visual broadcasting of any
portion of these proceedings is likely to intimidate witnesses and jurors,
as well as threaten the security of the courtroom and all those involved
in this trial.'' U.S. Justice Department lawyers had argued that point and said
televising the trial, due to begin in October, could also dissuade
potential foreign witnesses from appearing. Moussaoui had partially supported the petition, with his
court-appointed lawyers saying he thought televising the trial would help
enhance the fairness of the landmark case. Moussaoui is charged with conspiring with Osama bin Laden and his al
Qaeda network to murder thousands of people in connection with the Sept.
11 attacks on America. Four of the six charges carry a possible death
sentence. PICTURES CAN BE PRESERVED FOREVER Court TV, supported by numerous television networks as well as an audio
news agency, said in its petition the public had a right under the First
Amendment to see and hear the proceedings first hand, given the importance
of the trial. Brinkema said the ban does not violate the constitutional rights of
either the public or the broadcast media. And though she understood the desire of the public to watch the trial,
the purpose of it was to provide a verdict. ``The purpose of this trial is not to provide catharsis to the victims
or to educate the world about the American legal system,'' she said.
``Instead the purpose is to determine the innocence or guilt of this
defendant.'' In oral arguments earlier this month, Court TV, which broadcasts legal
proceedings to about 66 million subscribers, had said televising would not
intimidate or cause a disturbance in the courtroom because of advances in
technology. But Brinkema said it wasn't just the size of the camera but the fact
that the images could be preserved forever. ``Today it is not so much the small, discrete cameras or microphones in
the courtroom that are likely to intimidate witnesses, rather, it is the
witness' knowledge that his or her face or voice may be forever publicly
known and available to anyone in the world.'' Jurors and law enforcement officials could also be endangered by having
their images shown around the world since al Qaeda allegedly monitors
trial proceedings, Brinkema said. She noted that Court TV had offered to
black out faces if necessary, but said mistakes could be made. ``Given that this case involves allegations that members of the al
Qaeda conspiracy, a world wide terrorist organization with cells operating
within this country, monitor trial proceedings involving its members, any
mistake could expose the juror or witness to serious risks to their
personal safety.'' Brinkema also said Moussaoui, or other trial participants, might use
the opportunity to engage in ``showmanship.'' She noted that at his arraignment, Moussaoui insisted on personally
telling the court he would not respond to the charges against him. ``This behavior suggests that the defendant's conduct in this case may
be both unorthodox and unpredictable.'' In his first appearance at the court, Moussaoui, a 33-year-old French
native, stood to say he had nothing to plea. His attorney entered a not
guilty plea on his behalf. Copyright © 2002. Reuters. All rights reserved. saved from url: http://www.nytimes.com/reuters/news/news-attack-moussaoui.html
January 18, 2002
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