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2/12/03 STATEMENT BY FRONTLINE ON TEXAS COURT OF CRIMINAL APPEALS DECISION BARRING FRONTLINE CAMERAS IN JURY DELIBERATIONS

FRONTLINE is deeply disappointed by today's ruling from the Texas Court of Criminal Appeals on Judge Ted Poe's order permitting FRONTLINE to videotape jury deliberations in a capital murder case. We strongly believe the Court misinterpreted the clear and unambiguous language of the relevant Texas statute stating "no person shall be permitted to be with a jury while it is deliberating." The Court stretched the meaning of the word "person" by applying that term to the presence of an unmanned camera. In our view, they clearly legislated from the bench by interpreting a statute meant to protect any "person" from influencing the outcome of jury deliberations to one that protects jury deliberations from any scrutiny at all.

At the heart of this decision lies the Court's profound mistrust of jurors and the jury system. As a society, we routinely trust jurors with many crucially important matters. We believe they will tell the truth during jury selection; we trust them to follow the judge's instructions regarding what evidence should be considered and what should not; we trust them to refrain from discussing a case outside of the jury room and to avoid media coverage of trials. Why, then, should we suddenly not trust them to deliberate appropriately in the presence of remote-controlled cameras?

We commend Judge Poe for his courageous and principled stand in this matter and believe the project would have lead to a greater public understanding of the criminal justice system. Through its ruling, the Court has deprived the nation of a truly valuable opportunity--to closely examine the process by which jurors make the most profound decision of whether a fellow citizen should live or die.

FRONTLINE has no plans to take further legal action in this case. We are currently assessing whether or not to proceed with filming the case of Cedric Harrison in the absence of access to jury deliberations.

-- Michael Sullivan, executive producer for special projects, FRONTLINE
Wednesday, February 12, 2003