Pilot program allows media to request using cameras and recording in five Indiana courtrooms
LAFAYETTE, Ind. — Indiana Supreme Court authorized a pilot program last week to allow video and audio recordings, as well as still photography, in five courtrooms throughout the state.
The success of the pilot program, Tippecanoe Circuit Judge Sean Persin said, falls to the judgment and ethics of the media.
“All the pressure in this pilot is on the media. It is not on the court," Persin said about the circuit court's participation in the state pilot program. "I think there will be a tremendous responsibility in the media to filter what you think is appropriate and inappropriate for people to see.
“If some of the graphic photos or evidence that will come into trial is blasted through the media, ... the recommendations (to expand the pilot program) will be this is a disservice.
"In my opinion, it’s disrespectful to the victim. I think it’s maybe over sensationalizing some things that happened," Persin said, "and that’s not necessarily what the community needs to see, … in my opinion.”
Indiana tried twice before to allow cameras, video and audio recordings in the courtroom in pilot programs. In those previous attempts — as with this one — the news outlet must request to record and take photos 48 hours before the hearing or trial.
In past pilot programs, if defendants, defense attorneys or prosecutors objected, the request to record was denied.
This program, which was approved Nov. 15 by an order from the Indiana Supreme Court, allows defendants, defense attorneys and prosecutors the opportunity to object to the recordings, but it leaves the final decision about the request to the judge.
Persin said that local attorneys and other judges worry people might be reluctant to testify at trial and defendants might be reluctant to speak during sentencing hearings if they know the media is video recording them.
“It’s not a reason not to do it. This is why we’re testing the waters," Persin said. "There’s this tremendous responsibility for reporters to report things accurately, give the community things they need to know.”
Tippecanoe Superior 4 Judge Matt Sandy will be watching the experiment in circuit court.
“I’m looking forward to Judge Persin’s pilot, seeing how that goes," Sandy said. "I don’t think it would be a great fit for Superior 4 until we have a little more information about it.”
Indiana is in the minority of states that still bars cameras and recordings in a courtroom, so eyes are on Persin — as well as Allen Superior Court Judge Frances Gull, Delaware Circuit Court 1 Judge Marianne Vorhees, Lake Superior Court, Civil 7 Judge Bruce Parent, and Vanderburgh Superior Court Judge Leslie Shively.
At the end of the four-month program, the Indiana Supreme Court can deliberate whether to expand the program.
Controversy over media in the courtroom took center stage in Kenosha, Wisconsin, where 18-year-old Kyle Rittenhouse is on trial for killing two men and shooting a third during protests in August 2020. Rittenhouse claimed he shot in self defense.
Judge Bruce Schroeder, presiding over Rittenhouse's trial, said this week, "I will tell you this: I will think long and hard about live television in a trial again next time. I don't know. I've always been a firm believer in it, but when I see what has been done, it is really quite frightening. Frightening is the right word for it."
On Thursday, Schroeder also banned MSNBC from the the courthouse for its reporter following jurors. MSNBC said the reporter was a freelancer.
In Indiana's pilot program, judges, attorneys and members of the media all will be surveyed about their take on the experience, Persin said.
“It’s a study to figure out whether this is going to be effective. I’m hoping the feedback is positive,” Persin said.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Indiana Pilot program allows media to request courtroom recordings
