A Kings Criminal Lawyer said that, the defendant has issued a subpoena to a Broadcasting Companies for certain outtakes of a TV show regarding the instant sex crimes. The outtakes are alleged to contain statements of four witnesses that will be called by the government on their direct case. The Broadcasting Companies has moved to quash the subpoena. The other defendant has issued a subpoena to the Production Company, for all materials written or recorded of any interview with the complainant the latter has moved to quash the subpoena.
A Kings Sex Crime Lawyer said that, during the year 1993, the Broadcasting Companies was granted permission by the New York City Police Department to observe and film the workings of the New York City Police Department. It was preparing for a reality show about the New York City Police Department ultimately titled “NYPD 24/7.” Among the numerous stories that the Broadcasting Company was following was the homicide of one of the victims in this case. It followed and filmed the investigators in this case while the police tried to solve the sex crime. A break came when a person gave certain information to the police. Additionally, the police were able to connect the murder to an alleged rape/kidnapping. As a result of all the information gathered, the defendant was arrested.
A Kings Prostitution Lawyer said that, on July 13, 2004, an episode of NYPD 24/7 was aired containing taped interviews with the detectives in charge, the family of the victim and the informant. The defendant wishes to have all the unused film from the program to see if any of the witnesses will, while testifying for the People, contradict anything that the witness stated on the unused film. He seeks the outtakes for possible impeachment material. The defendant can neither identify any inconsistent statement nor identify a single piece of outtake that he will introduce into evidence during the trial or other proceeding.
A Kings Criminal Lawyer said that, the Broadcasting Company claims that the outtakes are covered as non-confidential privileged material under Civil Rights Law § 79-h. ABC states that the defendant has failed to establish the three-prong test outlined by the statute and therefore cannot subpoena the material. The defendant admits that he cannot prove the three requirements of Civil Rights Law § 79-h, but alleges that Civil Rights Law § 79-h violates a number of his constitutional rights. He argues that Civil Rights Law § 79-h violates the Constitution to the degree that it prohibits him from obtaining material to which he is constitutionally entitled. As a subsidiary issue, the defendant alleges that the Broadcasting Company was an agent of law enforcement and thus, not covered by the media privilege created in Civil Rights Law § 79-h.
To Be Cont…
If your constitutional rights is about to be violated, seek the help of a Kings Prostitution Attorney and Kings Criminal Attorney in order to upheld your constitutional right in court. Call us at Stephen Bilkis and Associates.