Judge rules Seattle media business must turn over unpublished protest images to authorities – Seattle Times

23July 2020

5 news outlets, consisting of The Seattle Times, will have to comply with a subpoena and offer the Seattle Authorities Department unpublished video and pictures from a May 30 racial justice demonstration that turned violent, a judge ruled Thursday.

King County Superior Court Judge Nelson Lee sided with the Police Department in a morning hearing, ruling that its subpoena was enforceable. He found that the pictures and video were critical for an examination into the supposed arson of SPD cars and theft of cops guns.

Lee stated the wire service were not protected by a Washington state shield law that under numerous scenarios prevents authorities from getting press reporters’ unpublished products.

The judge placed some limits on the subpoena. He stated cops might use the images to identify suspects just in the arson and weapon theft examinations. Investigators might not use the pictures or video to pursue suspects in vandalism or other lesser criminal offenses– even if authorities found such proof.

The subpoena would also be limited to professional electronic camera equipment and would leave out press reporters’ cell phone images and videos.

The Seattle Times and TV stations KIRO 7, KING 5, KOMO 4 and KCPQ 13 were all subpoenaed. Advertising Lee ruled that the SPD had met its problem to overcome the guard law: that the images were”extremely material and pertinent “and”important or essential”to prove an issue that

has a compelling public interest for its disclosure. Getting the stolen weapons off the street was one compelling public interest, Lee found. The law also needed the authorities to demonstrate that all” affordable and readily available means “to acquire the information has actually been tired.

Seattle Times Executive Editor Michele Matassa Flores stated the paper highly opposes the subpoena and “believes it puts our independence, and even our personnel’s physical safety, at threat.”

“The media exist in big part to hold governments, consisting of police, accountable to the public,” stated Matassa Flores. “We do not work in show with federal government, and it’s important to our trustworthiness and effectiveness to keep our independence from those we cover.”

The lawyer representing the media business, Eric Stahl, argued Thursday that the cops were casting too wide an internet and couldn’t show that the images would identify the suspects.

“You need to have a strong factor to think there is really going to be critical evidence” in the images, Stahl stated after the hearing. “We believe there was excessive speculation going on.”

Advertising The media companies have actually not yet chosen if they will appeal the case, Stahl said. In a declaration, the ACLU of Washington stated the judgment”threatens the self-reliance of the media. A complimentary and independent media is a foundation of our democracy, and at a time when our standard liberties are under attack, the City of Seattle ought to be doing everything possible to protect those foundational flexibilities.”

Brian Esler, a Seattle lawyer worked with to represent the Seattle authorities, did not respond to an interview demand.

SPD investigator Michael Magan affirmed at the telephonic hearing Thursday morning that the department was at a dead end in its examinations. Police have arrested two suspects coming from the thefts and arson, and have actually partly recognized others based upon other images.

The May 30 demonstrations consisted of a massive nonviolent presentation stimulated by the killing of George Floyd by Minneapolis authorities previously that week.

During the demonstrations, vandals greatly harmed six police cars. They smashed windows, removed ballistic helmets, uniforms, emergency situation medical devices and fire extinguishers, and used an accelerant to begin fires in five cars, according to an authorities affidavit and other documents.

Marketing A packed Glock 43 semi-automatic pistol and a crammed Colt M4 carbine rifle with a suppressor remain missing, according to the SPD affidavit.

The SPD subpoena seeks media images taken during a 90-minute period in a four-block area between Fourth and Sixth Avenue and Olive Way to Pike Street that day.

Lee set a hearing for July 30 at 9 a.m. to enter a final order. In the meantime, the celebrations are talking about the length of time it would take to produce the unpublished products.

Seattle Times reporter Hal Bernton contributed to this report.Source: seattletimes.com

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