KNSD CHANNELS 7/39 v. Superior Court

63 Cal.App.4th 1200 (1998) KNSD CHANNELS 7/39 et al., Petitioners,

v.

THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; RICARDO VASQUEZ et al., Real Parties in Interest.

Docket No. D029949. Court of Appeals of California, Fourth District, Division One.

May 13, 1998. [1201] COUNSEL

Gray, Cary, Ware & Freidenrich and Guylyn R. Cummins for Petitioners.

No appearance for Respondent.

Plourd & Steigerwalt, Donald L. Levine, Sandra Resnick, Benjamin Sanchez, Jr., and Daniel Mangarin for Real Parties in Interest.

[1202] OPINION

McINTYRE, J.

We are presented with the issue of whether the public, through the news media, has a right to obtain copies of evidence introduced and played for the jury in a criminal trial. Absent a showing that providing such access threatens the integrity of the evidence, we conclude that the answer to this question is "yes"; accordingly, we grant the petition and issue the writ.

Real parties in interest (the defendants) were arrested and charged in connection with the murder of an elderly gentleman for $5. Because of considerable community interest in the case, petitioners KNSD Channels 7/39 and KGTV Channel 10 (KNSD/KGTV) were present during the criminal proceedings. At trial, the prosecution offered into evidence an audiotape of a conversation that occurred between two of the defendants in the back of a police car after their arrest. The audiotape was introduced into evidence and played for the jury in open court, although the media apparently did not film this part of the proceedings.

Thereafter, KNSD/KGTV filed a motion seeking access to the audiotape, pursuant to federal and constitutional law, as well as common law, so that they could copy the audiotape and air it for the public. The superior court denied the motion, finding in part that the public had had adequate access to the audiotape. It stated: