JUDGE: LAW NO REFUGE FOR CAMERAMAN

DURHAM - A Superior Court judge ruled Thursday that a cameraman for a
Durham television station is not protected from testifying when he is an
eyewitness to activity that might be an issue in a criminal trial.

Judge Orlando Hudson said a videotape produced by a WTVD cameraman showed
activity that could assist in the defense of those arrested during a police
raid at Cheek Road Apartments in February. He ordered that a tape of uncut
footage be given to defense lawyers.

But Hudson agreed to stay the order for 30 days because WTVD's attorneys
wanted additional time to research the ruling and possibly file an appeal.

"If you are a witness to something, then you don't have the protection
provided by the state's shield law," Hudson said. "I see nothing that says
he's not a witness. There is no case law that says he's not a witness."

Jon Buchan, an attorney for WTVD, said Thursday that he wasn't sure
Hudson's ruling would be appealed.

The state shield law is designed to protect journalists from being called
as witnesses in court. But the statute says that "a journalist has no
privilege against disclosure of any information, document or item obtained
as the result of the journalist's eyewitness observations" of criminal
conduct or activity that could result in a civil suit, "including any
physical evidence or visual or audio recording of the observed conduct."

Durham Public Defender Bob Brown and Assistant Public Defender Scott Holmes
filed a motion requesting that all news footage of a raid Feb. 15 and 16 at
Cheek Road Apartments be turned over to them. Brown contends that some of
the residents' rights were violated when the police entered their homes
without search warrants. In some cases, Brown contends that media
representatives entered residents' homes.

The U.S. Supreme Court has ruled that a search is unlawful when the news
media enter a private residence with police without the occupants'
permission during a raid.

More than 100 police officers conducted the raid, which netted 35 arrests
and 65 traffic tickets. Heroin, marijuana, crack cocaine, three guns and
ammunition were seized.

Brown said some of the searches were unlawful and the cameraman was a witness.

"It's a matter of fairness," Brown said. "The defendant has the right to
have evidence favorable to him at trial. There is no special statute given
to news reporters and cameramen who witness events simply because they are
reporters."

News Researcher Brooke Cain contributed to this report.