A federal judge will hear arguments May 29 on whether Newsday and a local TV station can publish photos of a Nassau County legislator taken while he was under arrest for alleged tax evasion. The man’s attorney claims the photos will hurt his client’s chances for a fair trial. -DB
Newsday
May 19, 2009
By Celeste Hadrick
The attorney for Nassau Legis. Roger Corbin, accused of evading taxes on $226,000 he allegedly received from a developer in his district, is asking a federal judge to bar photographs and videos of the Westbury Democrat in handcuffs, contending the images are prejudicial.
Garden City lawyer Thomas Liotti on Tuesday asked for an order to permanently “enjoin, restrain and stop” Newsday, News 12, and the U.S. government from publishing or broadcasting images of Corbin during his “perp walk,” when prosecutors allow the media to photograph and film a criminal defendant after arrest.
Liotti wrote in his motion to the court that his request could be considered “a prior restraint of speech.” But, he continued, “it is clearly warranted in this case as Mr. Corbin’s opportunity for a fair trial has not only been jeopardized by the actions of the government and the media, it has been totally negated.”
Local experts say it is unlikely that Liotti will be successful in his attempt to stop the images.
Leon Friedman, professor of constitutional law at Hofstra Law School, said the United States Supreme Court decided many years ago “at the very extreme there are some circumstances where you might gag the press, but you have to try everything else first.”
He said the judge will ask jurors before trial if they have seen anything about the case and will instruct them to ignore any prior impressions.
Robert Gottlieb, a defense attorney who recently served on a state task force on wrongful convictions, said Liotti’s request will likely be denied under past practices.
“However, the suit has undeniable merit and, in fact, perp walks should be banned completely,” Gottlieb said. “They should be banned because they are without question intended to influence potential jurors who come from the public . . . There is no good reason for parading a person who is presumed innocent in handcuffs before the viewing public.”
Federal agents arrested Corbin two weeks ago and charged him with failing to report on his federal income taxes the money he received from a developer in his district and then lying to agents about the situation.
Newsday had no comment on the lawsuit. A spokeswoman for News 12 could not be reached.
Copyright 2009 Newsday