from the wait,-did-you-hear-that? dept
Technology and courtrooms have clashed before. Whether it's tweeting from court, judges connecting with lawyers via social media, or juries using the pesky interwebz during a trial, concern over how modern technology can trouble legal proceedings is nothing new. That said, what you will tend to find in examples like the above is, regardless of your thoughts on their impacts, that they usually stem from mostly innocuous intentions by all concerned.
Not so in the case of Alpha Walker, a man accused of attempting to extort ivory-tickler Stevie Wonder. Walker is bringing a lawsuit against TMZ, claiming the tabloid secretly placed hidden microphones in the courtroom at strategic locations to allow them to both hear conversations that would otherwise be inaudible as well as stream those recordings directly back to the company.
During the proceedings, Walker's attorneys objected to the presence of media in the courtroom and then the discussion evolved to the illicit microphones that were placed on the judge's bench and behind books on both sides of counsel table. According to the complaint, which asks for a permanent injunction, "It was then learned that these privileged communications were instantaneously transferred to the headquarters of TMZ Enterprises."While I'm generally less concerned with the use of technology in courtrooms than some, this is likely to create some fairly large problems for TMZ if true. Judge Ray Jurado is understandably less than pleased and he's stated that he was unaware of the hidden mics and that this would absolutely not happen again. It seems clear that TMZ would know that this move was wrong, assuming it's true, given that they don't appear to have requested placement of their microphones. Fortunately, Judge Jurado has reviewed the recordings and stated that they don't contain any "discernible voices", but that doesn't mean that enhancements couldn't change that. TMZ, for their part, has declined to state that they would destroy the recordings.
Not surprisingly, this has opened up questions from Walker about his faith in the judicial process.
Walker says that as a result of TMZ's conduct, he has experienced "tremendous fear and distrust of the judicial system" and is suing for wiretapping, invasion of privacy, intentional infliction of emotional distress and eavesdropping on confidential communication. He's seeking $100,000 in actual damages and more in punitive damages.And it's hard to dismiss those claims. While I'm hard-pressed to think that this revelation has any material impact on Walker's case, I can certainly understand a degree of paranoia. Part of what makes for a fair trial is the setting of the court and its rules. If court security can't, you know, secure the court, and if there's even the slightest chance that hidden mics could pick up privileged information in a trial, it's a problem. In the future, any media member that wants to utilize technology in courtrooms needs to do so above board. The judicial process is simply too important to kneecap.
The complaint also asserts that TMZ's "conduct is ongoing" and violates attorney-client privilege. Asking for a permanent injunction over TMZ's alleged conduct, the plaintiff says "its threat to the public interest is tremendous. No matter who the alleged victim in a case is, there can be no lawful justification."