 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. House2/24/1999
or objective. Publicity about the case appeared frequently throughout the geographical region that included Taos County. Moreover, as noted by Judge Armijo in her Dissent, news items were published concurrent with every legal maneuver and proceeding in the case:
" his is not a case where publicity was minimal or had diminished over time.
The trial court's review of the content of the newspaper articles and television broadcasts presented in the record revealed that the nature of the publicity was, in some instances, emotional, sensational, inflammatory, intrusive, and potentially misleading."
House Dissent, 1998-NMCA-018, 100-01. There is abundant evidence in the record to suggest that the publicity in this case was prejudicial. See Irvin, 366 U.S. at 725-26 (discussing highlights of numerous news items and their permeation of the community and concluding prejudice was clear and convincing).
2. Television, radio, and newspaper publicity
{62} The form in which the publicity is disseminated can also be a factor in determining whether prejudice can be presumed to have overrun a community. It is often asserted that television is the most potentially prejudicial means of publicizing information. The United States Supreme Court has stated, "The television camera is a powerful weapon. Intentionally or inadvertently it can destroy an accused and his case in the eyes of the public." Estes v. Texas, 381 U.S. 532, 549 (1965). For this reason, Judge Blackmer in his Order properly stated that the images of the devastated vehicles at the crash site (which, as indicated by the endnotes to the facts above, appeared incessantly throughout the television coverage about the House case), the emotional interviews with the families of the victims and with House and his family, the public sniping by the attorneys, and the intense coverage of the two trials in Taos, "would be much more memorable and make more of an impression upon viewers than would the same comments through radio and newspapers." Venue Order, slip op. at 10-11 (Finding of Fact 17(A)). Judge Blackmer concluded that for the residents of Taos County, these television images and sounds were "the most potential and likely source of prejudice to potential jurors." Id. at 11-12 (Finding of Fact 17(A)); see also House Dissent, 1998-NMCA-018, 99-101 (discussing effect of television).
{63} House and the majority in the opinion below argue that such a Conclusion is not supported by evidence in the record. However, the influence of television can be so potent that the United States Supreme Court has intimated that it is reasonable to presume that inflammatory information broadcast by television has introduced bias into a venue, even if it is not possible to link a particular trend in public opinion to specific televised news items. See Estes, 381 U.S. at 544 ("Still one cannot put his finger on [television's] specific mischief and prove with particularity wherein [the accused] was prejudiced."). The unrelenting televised publicity contributed to tainting the impartiality of Taos as a venue for this case.
{64} Though the effect of television news coverage was arguably the most prejudicial, the trial court also correctly acknowledged the detrimental impact of newspaper coverage, which was frequently highly emotional. See Venue Order, slip op. at 13-14 (Finding of Fact 17(C)) (discussing numerous lengthy newspaper articles); House Dissent, 1998-NMCA-018, 99-101 (discussing prejudicial effect of newspaper coverage). The court also acknowledged the influence of opinionated radio broadcasts. See Venue Order, slip op. at 13 (Finding of Fact 17(B)); House Dissent, 1998-NMCA-018,
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|