Commonwealth v. Davis

635 A.2d 1062, 431 Pa. Super. 42, 1993 Pa. Super. LEXIS 4104
Superior Court of Pennsylvania·Decided December 20, 1993·Published·Cited by 5 cases

Opinion

CIRILLO, Judge:

WJAC, Incorporated (WJAC) appeals from an order entered in the Court of Common Pleas of Jefferson County prohibiting the broadcasting and/or photographing of all Pennsylvania criminal judicial proceedings and maintaining possession of WJAC’s confiscated video tape. After an extensive review of the record, rules of this Commonwealth, case law and applicable constitutional provisions, we affirm the trial court’s order.

The underlying facts of this case are not in dispute. Radio personality Joel R. Davis (defendant) was tried for criminal homicide, inter alia, before a jury. Due to the high level of community interest in the case, a jury was impaneled after five and one-half days and 103 voir dire examinations. Thereafter, the jurors were sequestered.1

During the second day of trial, and at the request of both the District Attorney and the defendant’s attorney, the proceedings were moved from the courthouse to the alleged crime scene, the victim’s residence. See Pa. R.Crim.P. 1112.2 The proceedings were moved to enable the jury to receive the investigating officer’s testimony as to what he found at the crime scene.

Prior to departing to the crime scene, certain members of the print and radio broadcast media inquired as to whether they would be permitted to take pictures during the jury viewing. Although no formal order was issued, the record indicates that the Honorable Edwin L. Snyder directed from the bench that no pictures would be permitted of the jury, the defendant, or court personnel.3

On behalf of WJAC, freelance photographer David Setree went to the crime scene to videotape the proceedings. Shortly after he arrived at the scene, both the Clerk of Courts and a member of the print media informed Mr. Setree of Judge Snyder’s order. Despite this information, Mr. Setree continued to film the events.4 He filmed the jurors as they departed from their vehicles and as they received instructions from Judge Snyder. After being apprised of Mr. Se-tree’s conduct, Judge Snyder directed that the videotape be confiscated.

Judge Snyder granted WJAC’s petition to intervene, which challenged the directive and [1064] subsequent seizure of the videotape.5 After a hearing, Judge Snyder issued an order affirming the propriety of the directive and maintaining possession of the tape. Four months later, Judge Snyder granted WJAC’s petition for leave to appeal nunc pro tunc,6 On appeal, WJAC raises two questions for our consideration:

(1) Whether the photography of criminal judicial proceedings is prohibited in Pennsylvania no matter where the proceedings are held?
(2) Whether the order of the trial court prohibiting the photography of criminal judicial proceedings held outside the courtroom and its environs and the enforcement of that order violates WJAC’s First Amendment rights of newsgathering and communication?

I. AMBIT OF RULE 328

Rule 328 of the Pennsylvania Rules of Criminal Procedure is the focal point of this appeal. In pertinent part, Rule 328 provides:

The taking of photographs in the courtroom or its environs or radio or television broadcasting from the courtroom or its environs during the progress of or in connection with any judicial proceedings ... is prohibited. The environs of the courtroom is defined as the area immediately surrounding the entrances and exits to the courtroom.7

(emphasis added).

WJAC contends that Judge Snyder’s directive and confiscation of its videotape exceeded the scope of Rule 328 and, therefore, interfered with its First Amendment right of newsgathering. Specifically, WJAC asserts that the jury viewing at the alleged crime scene is not covered by Rule 328 in that the viewing did not take place within the “courtroom or its environs.” We disagree. As Judge Snyder aptly stated in his opinion, “if photography of judicial proceedings in criminal cases is prohibited in the courtroom and its environs, then likewise photography of such proceedings should not be permitted wherever they must be held.”

In support of its contention that the facts of this case are not covered by Rule 328, WJAC reasons that because Rule 1112 permits jury viewings, the Pennsylvania Supreme Court would have specifically included these jury viewings in Rule 328 had they so intended. We disagree, however, and find that Judge Snyder’s order was in accordance with Rule 328.

What is considered a “court” in the legal sense is a question of law that may have practical importance where, as in this case, the applicability of a statute or rule referring to a court or to a proceeding before a court is at issue. The common law defined court as a place where justice is judicially administered. 20 Am.Jur.2d Courts § 1 (1965). The modern conception of a court, however, refers more to a governmental institution rather than to a place. Id. “More than the place where judicial functions are performed, a court is part of the government consisting of one person or several persons called upon and authorized to administer justice.” 20 Am.Jur.2d Courts § 36 (1965).

The United States Supreme Court has stated that “the courtroom in Anglo-American jurisprudence is more than a location with seats for a judge, jury, witnesses, defendant, prosecutor, defense counsel and public observers.” Estes v. Texas, 381 U.S. 532, 561, 85 S.Ct. 1628, 1642, 14 L.Ed.2d 543 (1965) (Warren, C.J., concurring). The Supreme Court of Pennsylvania referred to a [1065] court as that which, “when in session, is present in every part of the place set apart for its own use, and for the use of its officers, jurors and witnesses; and misbehavior anywhere in such place is misbehavior in the presence of the court.” In Re Mack, 386 Pa. 251, 126 A.2d 679 (1956) (quoting Ex parte Savin, 131 U.S. 267, 277, 9 S.Ct. 699, 702, 33 L.Ed. 150 (1889)).

Although courts are thought to comprise only organizations of a permanent nature, history has shown that a court may be created for a specified period of time or for the duration of a specified event.8 Even if one were to narrowly view the meaning of a court as a place or physical plant, that interpretation cannot be limited to a four-walled room in a courthouse. One reference defines a court as “a space which is uncovered, but which may be partly or wholly inclosed by buildings or walls.” Black’s Law Dictionary 318 (5th ed. 1979) (emphasis added). Instantly, Judge Snyder ordered that the police officer’s testimony be given at the alleged crime scene. Therefore, the “uncovered” front lawn of the crime scene where the jury viewing took place is just as much a court as is the four-walled building from which Judge Snyder issued his directive.

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Commonwealth v. Davis, 635 A.2d 1062, 431 Pa. Super. 42, 1993 Pa. Super. LEXIS 4104 (Pa. Ct. App. 1993).

635 A.2d 1062 (Commonwealth v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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