KPRC resists subpoena for videotape footage
KPRC-2 is resisting an attempt by the Harris County District Attorney's office to subpoena videotape footage that never aired:
A prosecutor's demand for a TV station's videotape from a story that never aired violates the broadcaster's constitutional freedom of the press and should be thrown out, the station said.
A judge heard KPRC-TV's motion to dismiss the subpoena Tuesday but continued the hearing until Jan. 10.
The station shot the videotape while researching a potential story about home loans. Russell Turbeville, chief prosecutor of the Harris County District Attorney's consumer fraud division, said the video contains footage of an interview with a possible suspect and victims in a home improvement fraud case and another criminal matter.
TV stations regularly make available to authorities copies of stories that aired. But some experts worry that the unusual subpoena for raw footage could lead to prosecutors asking for a radio reporter's audiotape or a newspaper reporter's notes on stories that never were broadcast or printed.
"Reporters don't get paid to gather and organize and assimilate evidence for a prosecutor or any other law enforcement agency," KPRC attorney Thomas J. Forestier said. "They do get paid to gather and report whatever they consider to be newsworthy."
Expect the Chronicle editorial board to renew demands for a journalist shield law within a week.
UPDATE (12-14-2005): Dale Lezon covers the story for the Chronicle.
Posted by Kevin Whited @ 12/13/05 11:10 PM | Houston Media | Print | Comments (2)
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