Title : Prosecutors in the murder trial seeking un-aired interview 'Dateline'
link : Prosecutors in the murder trial seeking un-aired interview 'Dateline'
Prosecutors in the murder trial seeking un-aired interview 'Dateline'
Knoxville, Tenn. - Double high-profile murder as a backdrop, a judge in Tennessee is is asked to do something that no court of appeal of state history has never approved - through the shield that protects journalists disclose information not yet published or broadcast.
Criminal Court Judge Steve Sword in Knox County heard arguments Thursday in an attempt by prosecutors to force the news magazine television Dateline NBC to deliver video of an interview with Norman Eugene Clark suspect not yet been broadcast.
Clark, accompanied by defense attorney Gregory P. Isaacs, gave the interview shortly after last year a jury deadlocked 11-1 with a vote to acquit him of charges that he killed his girlfriend pregnant, Brittany Eldridge, 25, and her unborn son, Ezekiel, in December 2011. The state is now seeking him try again.
There is no indication Clark admitted the killings, which he denies, and Deputy District Attorney General Kyle Hixson grants tax not know whether Clark said nothing in the interview that could be useful for processing as is an entirely circumstantial case against him.
Hixon also agree press shield law Tennessee has been strong enough to withstand all reviews appeals. The law protects journalists from being forced to reveal their sources and information gathered as part of its functions and is designed to ensure the media can fulfill their monitoring function without fear of government interference.
But Hixon argued Thursday the offers before penetrating the armor involved "bad" arguments that applicants protected information could not show such a "compelling" need to overcome the First Amendment. Not so in the case of Clark he argued.
"I do not know what the line is bright, but I think when we're talking about a case of double murder, purely circumstantial case, there is no other way to get this information, no more ... every piece of evidence is important, "Hixson said.
Attorney Richard Hollow, widely regarded as an expert in the law of protection, responded on behalf of Dateline that the State has failed to demonstrate why the interview would be as valuable as evidence - or even admissible in the retrial. - Sword you must take the extraordinary step of perforating the legal shield
"his position seems to be because the behavior of Mr. Clark could reflect both your mood and truthfulness, which should be able to see the video to determine that mood is, "said hollow. "This is not clear and convincing evidence of nothing but gave an interview with his lawyer on your side."
Clark was tried in August. There was a partial alibi. Isaacs presented a counternarrative - a thief could have killed Eldridge and her baby. Attorney Leslie Nassios had no forensic evidence to tie Clark killings and even with an expert from the FBI, could put only within a mile of Eldridge apartment at the time of slaughter. His strongest evidence was the motive, arguing pending birth of Ezequiel threatened finances Clark, her many love affairs and Playboy lifestyle.
All but one juror voted to acquit, and the judge was forced to declare a mistrial.
Espada said he would issue a written decision on the offer of the prosecution in the coming weeks. If Dateline lost, the battle could go to a court in New York since the program is based there.
Protection Act New York is even more difficult than from Tennessee.
Read or share this story: http://usat.ly/294jrAj
The post Prosecutors in the murder trial seeking un-aired interview 'Dateline' appeared first on https://www.flynewsonline.com/2016/07/01/prosecutors-in-murder-trial-seek-un-aired-dateline-interview/
Thanks for Reading Prosecutors in the murder trial seeking un-aired interview 'Dateline'
You are now reading the article Prosecutors in the murder trial seeking un-aired interview 'Dateline' Url Address https://exerciseplanstoloseweight.blogspot.com/2016/06/prosecutors-in-murder-trial-seeking-un.html
0 Response to "Prosecutors in the murder trial seeking un-aired interview 'Dateline'"
Posting Komentar