Judge orders MSU riot footage released

Judge David Jordan said the organizations may not withhold footage because it was not gathered with an understanding of confidentiality. The news organizations were in court to set aside subpoenas ordering them to hand over the material.

"Although the photographs are unpublished, they were taken in public places, in the streets and on lawns," Jordan said in East Lansing's District Court. "There was no confidentiality in the (rioters') behavior."

Tuesday's ruling affected The State News, the Detroit Free Press, WJBK, WKBD and WXYZ in Detroit, WJRT in Flint, WILX in Onandaga outside Lansing, WLNS in Lansing, WWMT in Kalamazoo and WZZM in Grand Rapids.

The organizations are expected to file an appeal "within the next day or so," said John Ronayne, attorney for The State News, WLNS Channel 6 and WILX Channel 10.

Jordon ruled against the Lansing State Journal in a similar case April 5. The State Journal is scheduled to appear Thursday in circuit court, but hopes to join the other news media organizations in a later appeal.

"We're trying to work out the timing of the whole thing so that the appeal that's pending with the Lansing State Journal and the appeal we will file will be heard at the same time," Ronayne said. "I'm hoping for a hearing early next week."

The Lansing State Journal would be happy to join the other media organizations in an appeal, State Journal attorney Charles Barbieri said.

Ingham County Prosecutor Stewart Dunnings III said he wants to ensure the hearing takes place before MSU students leave for summer break. Students' presence is essential so students can identify rioters in the photos that would be turned over to police - and so student rioters can be arrested.

"Time is of the essence," Dunnings said. "We only have two weeks. The third (week) is exams and then the students are gone."

Jim Stewart, an attorney for WXYZ Channel 7 in Detroit, said the subpoenas go against journalistic principles.

"The press deserves protection because they should not be cast in a role as an agent of the police," Stewart said.

Three more people, one an MSU student, were arraigned Tuesday in 54-B District Court for alleged participation in the March 27-28 riot. A second MSU student was arraigned late Monday.

Three of the people arraigned Monday and Tuesday were charged with felonies.

As of Tuesday, Ingham County prosecutors issued 16 warrants, 14 of which are for felonies, said assistant prosecuting attorney Allie Phillips. Recipients of eight of the 16 warrants have been arraigned.

Those arraigned on felony charges will have preliminary exams within two weeks, Phillips said.

An anonymous East Lansing tip line - (517) 337-2599 - and photos on a city Web site - www.ci.east-lansing.mi.us/riot/shame_new.htm - have been helpful in giving prosecutors leads in cases, she said.

"That's how we've been identifying people and that's been extremely helpful," Phillips said.

04-15-99