Murdaugh trial: Judge Newman guaranteed media, public access

Why would an innocent man lie to police about the last time he saw his wife and son alive? I’m no closer to answering that question now than I was in January when Judge Clifton Newman appointed me liaison between the court and the press for the Murdaugh murders trial.

 

Millions of people around the world were able to watch live a murder trial in Walterboro, S.C., and view dramatic photos from inside the courtroom because of a rule adopted by the South Carolina Supreme Court in 1993. Prior to the adoption of that rule cameras, still and video, had been prohibited in South Carolina courtrooms. When the court adopted a cameras in courts rule at the urging of South Carolina journalists then Chief Justice David Harwell hailed the rule as an opportunity to expose the public to the operation of the judicial system.

 

Perhaps in an earlier time in our society members of the public had the time and ability to attend trials beyond those where they might be called to jury duty. That is no longer the case, and in recognition of that reality the cameras rule allows video and still photography in the courtroom subject to the supervision of the presiding judge.

 

In those instances when multiple news organizations want to cover a trial they must agree to a pool arrangement. In the journalism world a pool is created when one news organization gathers video or still photographs to be shared with other news organizations. On occasion a pool print reporter will write dispatches which are also shared.

 

In the Murdaugh trial Judge Newman selected Court TV to provide the video pool coverage.  Court TV placed three remotely operated video cameras in the courtroom. One camera focused on the defense table and the defendant. One camera located beside the judge’s bench focused on the prosecution team. The third camera was located in the gallery and could be focused on the judge or the witness stand. Microphones were placed to capture the proceedings. Three Court TV personnel were in the courtroom to control the cameras, the audio feed and the video feed. They were seated along a wall in the courtroom opposite from the jury. Outside the courthouse Court TV rented a prefabricated garage and placed it on a street running beside the courthouse to serve as a studio. 

 

The audio and video images captured by Court TV were transmitted to a van parked about a half block from the courthouse, and from there the images were transmitted by cable or satellite to a media overflow center and other news organizations for distribution to the world.

 

Many television stations set up tailgating style tents on streets running alongside the courthouse lawn for use as remote studios. These tents provided a festive appearance in contrast to the grim business of trying a man for the murder of his wife and a son.

 

Still photographers were provided by The State and The Post and Courier newspapers, and their photographs captured the emotion and drama in the courtroom. Unlike sporting events where photographers can change position to follow the action the pool photographers at the trial were in stationary, designated positions. 

 

Judge Newman had presided over other trials which attracted attention, and he was committed to providing press access to the courtroom. Judge Newman’s list of news organizations entitled to reserved seating in the gallery was topped by two local, non-daily newspapers:

The Press and Standard from Walterboro, and The Hampton County Guardian from the town where Murdaugh’s former law firm was located. Other news organizations given reserved seating included newspapers from Charleston and Columbia, television stations from Charleston and Savannah, national television networks, The Wall Street Journal and The New York Times. In what may be a first, reserved seats were provided for bloggers and podcasters which had covered the case from its inception.

 

When the jurors visited the scene of the murders at Moselle a pool was created to cover the scene. This pool was given access to the murder scene after the jury had returned to the courthouse, and provided a perspective on the compactness of the scene not apparent in the photographs and drawings in evidence. The videographer was from Court TV, the still photographer was from The Post and Courier, and the print reporter was from the Wall Street Journal.  

 

None of the arrangements for the press occurred by accident. Judge Newman and his law clerk Gabby Williams identified steps that needed to be taken to ensure adequate access to the trial. Judge Newman issued an order on media coverage that should serve as a model for judges conducting the next “Trial of the Century.”  

 

Jay Bender is a retired University of South Carolina professor and media lawyer who represents the S.C. Press Association and its newspapers.

 

Editor’s Note: This article was edited for length. Read the entire article at: bit.ly/Bender_Murdaugh