Judge orders Prop. 8 trial video unsealed
A federal judge has ordered the unsealing of a video of the court trial that resulted in California's ban on gay marriage being ruled unconstitutional.
"No compelling reasons exist for continued sealing of the digital recording of the trial, U.S. District Court Judge James Ware said in a decision issued Monday. He stayed his decision, which is posted here, until September 30 to allow for any appeal.
Same-sex marriage opponents had sought to keep the trial recording under wraps, citing what they contended were assurances from the judge who handled the trial and later retired, Vaughn Walker. Those opposing public release of the video also argued that release was effectively barred by a Supreme Court order overturning plans for a live, closed-circuit broadcast of the trial to various courthouses across the country.
However, Ware said that the Supreme Court ruling didn't amount to a requirement to seal the video and that the recording had been used both by the judge and at trial.
"The Court finds that the record does not support the contention that Judge Walker limited the digital recording to chambers use only," Ware wrote. "Judge Walker, without objection, made copies of the digital recording available to the parties for use during closing arguments....At least two of the parties obtained copies of the digital recording, and one of the parties played segments on the record during closing argument in open court."
Walker had his own copy of the video and used it three times in lectures after leaving the bench. He stopped and turned the copy in to the court after the gay marriage opponents objected. Ware's order says that Walker's copy should be returned to him.
Broadcasting of federal court trial proceedings is generally prohibited, though the courts' recently started a pilot program where official court cameras would make videos of trials that could be distributed to the press and public--much as was done in the Prop. 8 case.
http://www.politico.com/blogs/joshgerstein/0911/Judge_orders_Prop_8_trial_video_unsealed.html
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