KVAL News wins permission to cover protester's trial with camera

KVAL News wins permission to cover protester's trial with camera »Play Video
Police took protester Ian Van Ornum into custody and charged him with disorderly conduct and resisting arrest. An officer fired a Taser twice at Van Ornum.

EUGENE, Ore -- KVAL News received a letter from Lane County Circuit Court Judge Jack Billings on Wednesday granting the media permission to cover Ian Van Ornum's trial with a camera in the courtroom.

Cameras have not been routinely allowed in courtrooms in Lane County, although they are allowed under Oregon law. KVAL News has worked with judges and court administrators to obtain access to courtroom proceedings in cases that carry broad public interest.

Nineteen-year-old Van Ornum (at right) is the teenager who was arrested by Eugene police during a pesticide protest in downtown Eugene last year. Police say Van Ornum was blocking traffic and spraying an unknown substance. Other witness reports contradict the information, saying Van Ornum was protesting peacefully. Police used a Taser to take Van Ornum into custody.

On Tuesday, April 14, Van Ornum will go on trial for disorderly conduct charges. Since the incident, public outcry regarding Eugene Police's tasering of a protester has been strong. Because of that, I began working in October 2008 to find out why KVAL News wasn't allowed to cover court in Lane County but was allowed into courts with a camera in other counties in Oregon.

I researched the Uniform Trial Court Rules established by the Oregon Supreme Court which stipulate public access coverage "shall be allowed" in a court of law. However, a judge has the right to deny public access coverage if he provides "reason on record" as to why it might impede a fair trial.

After studying the rules and interviewing a judge in Douglas County where cameras are routinely allowed in the courts, I wrote letters to Presiding Judge Mary Ann Bearden and acting Trial Court Administrator Elizabeth Rambo. They both agreed the Uniform Trial Court Rules allow camera coverage. They outlined a process for KVAL News to follow when seeking permission.

To get into the courts, KVAL News first decided which cases would be beneficial for our viewers to see. The cases of suspects Ian Van Ornum's and Matthew Ellmers were of interest. Ellmers is the man accused of causing an accident in West Eugene that killed four people and severely injured a child. Viewers have written to KVAL News and asked that the trial be televised.

After deciding which trials we would like to cover, I wrote letters to Bearden and Rambo again. Then, after finding out who would preside over the specific case, I submitted another letter.  Weeks after submission of the letters, KVAL News Director Jenny Kuglin also followed up with the Lane County Circuit Court to check on the status of our request.

Now, 5 months after the process began, we received a letter from Jack Billings, the judge presiding over Van Ornum's trial.

In his letter he gave these rules: "One pool video camera will be allowed. As the requestor in this matter, KVAL is the designated pool for this case. KVAL is expected to make the video available to any media which request it. The pool camera shall be in position and set up prior to the start of the case each day. There will be no video coverage of jurors [or] the public seating gallery."

The only rule from Judge Billings that is different from other counties is KVAL News must cover "all of the trial, or not at all."  Billings writes:  "In other words, I do not want the camera in place for only some portions of the trial.  The parties are adamant, as is the Court, that the presence of the cameras during only part of the trial proceedings would potentially lead to the impression that some testimony is more important than other."  This parameter is not required according to the Oregon Uniform Trial Court Rules, but KVAL News has agreed to honor Judge Billings' requests so we can provide camera coverage to our viewers.

FEEDBACK: What do you think about this?  Is it important to have camera coverage of court cases or is the media being nosy?  Please let me know what you think by posting a comment below.  I would appreciate your feedback.