2.Courtroom Camera Coverage and Public Access
36 linesTHE COURT: That reminds me. We also met with the staff on Friday to consider your concern about the camera. They told us they rarely show the defense or the prosecution tables, that when the witnesses are testifying, the camera is almost exclusively on the witness. They don't shift around.
So if somebody's at the podium examining, they don't go back and forth between the examiner and the witness; they just keep focused on the witness. If there is a colloquy at the tables, you know, that's extended, they'll cut to that, but if it's just a one-word objection and a ruling, they don't bother to go to counsel or me; they just keep it on the witness so --
MS. CLARKE: Well, what they showed us was the camera focused on counsel table. So that camera turns to witnesses?
THE COURT: No, they don't -- they may -- that is in position for the podium principally. It's panned out to show the courtroom generally, and I think they use it when the jury comes in so that you don't see the jury coming in. But the camera that is most commonly used is the one in the corner by the jury that shoots across the room to the witness stand.
MS. CLARKE: So the one that's up to the Court's left that looks focused on us --
THE COURT: Right. I'm told it's not used very much at all.
MS. CLARKE: Because we asked about it and they showed us the photo.
THE COURT: I mean, my recollection is they said they will use that --
MS. CLARKE: I'm not trying to impeach the Court.
THE COURT: No. They will use that as sort of a general scene when the jury comes in and then -- as a matter of fact, what they said was they've been getting complaints from the press in the overflow courtrooms that they aren't showing other participants, including the defendant. So the press is not happy that they're not showing the defendant.
MR. BRUCK: I have a feeling what may be happening is when nothing else is going on, which is precisely the moment that we would be interacting with our client, that's when they would --
MR. WEINREB: Your Honor, just for the record, we oppose this again, this idea that this should not be a public proceeding in this respect. I mean, the jurors are positioned to see everything that's going on at the defense table and they're the ones that really matter. There's no reason why the public should not be in a position to see what's happening in the courtroom. If they see something that people in the courtroom fortuitously could not see because they're positioned behind the defense table, then all the better to have cameras that make it more of a public proceeding. And the government is also chatting with one another and passing notes or looking at notebooks. We're all in the same boat here. And there's no zone of privacy at all in a courtroom.
THE COURT: Well, I don't want the -- whatever decisions of the IT staff to become an issue in the case. They are -- so they're doing what they've done in other cases, I guess, and they're following that, and that is that they focus on the testimony given by the witness, essentially. There are other scenes that are seen. I'm sure that if, you know, during the preliminaries, my instructions, I'm sure the camera was on me rather than elsewhere.
So they're generally focusing on who's doing the talking. And in examination and witness, that's the witness, not the examiner. And they don't try to go back and forth, so I'm told. There may be general scenes other than that, but it's not like the camera is staring at the defense table throughout the proceedings.
MR. WEINREB: Just so the record is complete on this issue, the victims have a statutory right to witness the proceedings and they can't all be in the room, and this is an opportunity for them to witness everything that's going on in the courtroom, not just a little slice of it.
There's one other thing that I would actually like to raise in open court, if we could just have one moment before we call in the jury, and that's the government was going to inform the Court that the media has filed various motions for access to exhibits and other things, and we intend to respond, and we were going to ask that we be given until Friday, the end of the week to do so. And I think it would be useful to have that on the record so everybody knows what's happening.
THE COURT: Fine. Thank you.
MS. PELLEGRINI: Can we have a couple of minutes so I could get ready?
THE COURT: Yup. Yup.
(The proceedings adjourned at 9:15 a.m.)
P R O C E E D I N G S
COURT CLERK: All rise for the Honorable Court.
(The Court enters the courtroom at 9:20 a.m.)
COURT CLERK: For a continuation of the Tsarnaev trial. Be seated.
THE COURT: Good morning.
UNIDENTIFIED ATTORNEY: Good morning.
THE COURT: Mr. Weinreb, you had something?
MR. WEINREB: Yes, your Honor. If I might before we begin, there have been several motions filed by members of the media seeking access to exhibits and witness lists and other things. The government does intend to respond to those, and we'd just ask until Friday of this week to respond.
THE COURT: All right. That's fine.
If there's nothing else, we'll bring out the jury.
(Pause.)
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 9:23 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, jurors.
JUROR: Good morning, your Honor?
THE COURT: I hope you had a pleasant weekend.
Have you been able to avoid any contact with the media and other reports, any discussion of the case? You've avoided all of that?
JUROR: Yes.
THE COURT: Yes? All right. The jurors indicate "yes."
All right, Mr. Mellin.
MR. MELLIN: Good morning, your Honor. The United States calls Jessica Kensky.