Dragging Death Tape Tumult
Another battle over the outtakes of a CBS News interview with dragging death defendant Shawn Allen Berry continued Tuesday, as a judge in Jasper, Texas, held CBS News Producer Mary Mapes in contempt after she failed to hand over interview tapes.
The 9th Court of Appeals in Beaumont on Monday rejected a temporary stay for Dallas-based Mapes, whose attorneys tried to forestall this morning's hearing over the disputed outtakes in state District Judge Joe Bob Golden's court.
A spokeswoman for CBS News said the network had no comment.
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| Shawn Allen Berry appearing in the controversial CBS interview |
They want to compare Berry's statements to Rather with others he gave during the investigation into the June 7, 1998, death of James Byrd Jr.
Mapes' attorneys argued that providing unaired material violates First Amendment protections for the media and could compromise journalists' ability to report the news. They have also accused the prosecution of being on a "fishing expedition" for further evidence.
On Monday, the prosecution filed a brief with the appellate court, arguing Mapes must hand over a transcript of the interview because Texas provides no reporter's privilege, which would shield her from having to testify or provide evidence.
The appeals court on Friday granted Mapes a temporary stay, blocking a ruling by Golden that would have forced her to turn over a transcript of the interview by 3 p.m. that day or be held in contempt and sent to jail.
Shawn Berry is the third and final defendant charged with Byrd's murder. Berry's co-defendants, John W. King and Lawrence Brewer, were convicted and sentenced to death in separate trials earlier this year. All three men are white and Byrd, 49, was black.
Jury selection is under way in Berry's trial. If convicted, Berry faces either a life sentence or death by injection.
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