The New York Times’ Adam Liptak looks at the ethical question faced by
courtroom artists who take on private commissions in an article titled ‘Question of Perspective in Courtroom Paintings’ . The article focuses on Todd Crespi ( shown above sketching Bush v. Gore in 2000 ), an artist who clearly crosses an ethical line.
I’m quoted in the article as saying I’m “not very critical of Todd” , and it may appear that I condone his misrepresentations. I don’t.
But before condemning him I need to remind myself of a few journalistic lapses in my past. It used to be common practice to have artists do “re-creations” for a news stories, and lawyers still ask to have their day in court sketched after the fact.
Today I have a bright line : a sketch artist doesn’t sketch what he has not witnessed.
Once on a visit to the Folger I saw two nearly identical 17th century prints of a knight on horseback, the only difference was that one had the head of Charles I, and the other the head of Oliver Cromwell.
When former congressman William “Cold Cash” Jefferson stood trial in Alexandria last summer sketching the jury was not permitted. Three decades earlier, at the bribery trial of congressman “Dapper” Dan Flood, the “jury-shot” was a standard among the images an artist was expected to turn out, along with the required wide-shot and head-shots. What happened?
While forbidding artists to sketch the jury is not the same as juror anonymity it is part of the same trend. Maryland and Virginia are both currently considering proposals to make all juries anonymous.
The reasons usually given for an anonymous jury are : (1) the defendant’s involvement with organized crime, (2) capacity to harm jurors, (3) interference with judicial process, (4) possibility of a severe sentence, and (5) extensive publicity that could expose jurors to harassment.
At the Oklahoma bombing trial of Timothy McVeigh a wall was built in the courtroom specifically to block the artists’ view of the jurors, which while perhaps excessive (trust us!) was understandable.
On the other hand, why the jury in the “Scooter” Libby trial was anonymous (identified by number only) escapes me.
Historical note: the jurors in Rep. Dan Flood’s trial voted 11-1 to convict on five bribery counts and three counts of perjury. There followed a jury tampering investigation in which the only juror to vote for acquittal failed two lie-detector tests, but no further legal action was taken.
Flood entered a guilty plea before the start of his second trial.
More about anonymous juries here.
The sketch shows Justice Sotomayor being sworn in at today’s investiture ceremony. Attorney General Eric Holder and Solicitor General Elena Kagan are seated at the table. To the right is President Obama, and Vice-President Biden (I didn’t quite capture a good likeness of Biden). In the left foreground is the chair used by Chief Justice John Marshall in the early 19th century, and where Sotomayor was seated as the Clerk read her commission.
Monday was David Souter’s last day as a Supreme Court Justice, and this is last sketch of the bench as composed since Justice Alito was seated.
Come Fall, in a bit of musical chairs, Justice Thomas will take the seat vacated by Souter, Ginsberg will take Thomas’ seat, Breyer will take Ginsberg’s, and Alito will move to where Breyer used to sit. The new, most junior Justice will take her seat at the far end on the Chief Justice’s left.
Dana Milbank on Monday’s session here.
Former New York Governor Mario Cuomo was in attendance today as the Supreme Court heard arguments in a long running asbestos settlement case. Johns-Manville, once the country’s largest asbestos mining and manufacturing corporation, went bankrupt in 1986 as it faced a deluge of asbestos injury lawsuits. As part of it’s reorganization plan the Manville Personal Injury Settlement Trust was created to shield Manville and it’s insurers from future claims, but in 2001 the asbestos plaintiffs’ bar asserted new grounds on which to sue Manville’s insurer, Travellers Insurance. Mario Cuomo led the mediation which reached a settlement in which Travellers would pay $500 million into a new trust in exchange for an order from the bankruptcy court “clarifying” the 1986 injuction. But not so fast! A number of third parties have objected to the proposed settlement and so here we are.
I really just posted this for my mom. She’s a Mario Cuomo fan.
Tony Mauro of Legal Times blogs about it here.
UPDATE: Tony Mauro later spoke with Mario Cuomo about his visit to the Court, and has a BLT post here.
Just 18 days after undergoing major surgery Justice Ginsburg was smiling as she returned to the bench yesterday after the Supreme Court’s February break. She energetically questioned the attorneys arguing their case, at times rocking back and forth in her chair.
Tim was my boss. After a terrible personal tragedy just about exactly a year ago he was one of the first persons to come by my office, close the door, and offer some words of comfort.
I admired him and was proud to work for him. The sketch shows him on the witness stand during the Scooter Libby trial. He did an impressive job holding his own during two days of very aggressive questioning by Libby’s lawyer.
I will miss him.
Overcoming a traditional reluctance to tell a truth with bad intent, known as lashon hara, the sin of gossip, in the Jewish community, two young men spoke out in a Baltimore courtroom Monday. As former bar mitzvah teacher Israel Shapiro was about to be sentenced on child sexual molestation charges one of the plaintiffs testified “This man destroyed my life in many ways.”
Baltimore Jewish Times article here.
During the trial I blogged about the bruise on Moussaoui’s forehead resulting from his prostrations during prayer, but I couldn’t find the Arabic term for it. Well, it is called the zebibah and the NYT today has an article about it’s popularity in Egypt among the fashionably pious.
The NYT article is here.
Posted in Courtroom
Tagged with: Moussaoui