697 F.2d 1228 | 5th Cir. | 1983
Dissenting Opinion
dissenting:
I would not have interfered with the attempt of the trial judge to protect his ve
More could be said, but I write no further since for the present the matter is moot. The program was aired and was, predictably, both graphic and to my mind highly tendentious. What its effect has been on the veniremen who will assemble within a few days for the trial, I cannot tell, or whether, should the trial court find it necessary once more to change venue to another place, the network will pursue the case there with an “update.”
. Nor did it do so here. Dale Bonura v. CBS, Inc., - U.S. -, 103 S.Ct. 665, 74 L.Ed.2d 592 (1983) (per Justice White, in-chambers).
. Complete, as the event proved, with teasers during game coverage inviting viewers to stay tuned to see “the story that a federal judge tried to keep off the air.”
. According to a press report published since the above was written, the trial court has already found it necessary to delay the trial “to March 7, because of a January 16 report about the case on CBS’s ‘60 Minutes.’ ” The Wall Street Journal, Jan. 26, 1983, at 1, col. 3.
Lead Opinion
Applying to the request of CBS, Inc. for a stay of the order issued by the United States District Court for the Eastern District of Louisiana on January 15, 1983, in United States v. McKenzie, the same criteria as were outlined in the opinion of this court issued on January 15, 1983, we grant the request and we stay that order. We recognize that the district court has now limited the relief granted both geographically and temporally. However, our review of the transcript of the proceedings held by the district court on the evening of January 15, 1983 (which includes the district court’s findings), indicates that on what the district court properly viewed as an important issue—the impact of the program to be shown by CBS on the Dallas metropolitan area jury pool—the evidence is too speculative to support the relief granted.
STAY GRANTED.
Circuit Judge GEE would deny the stay of the modified order issued on January 15, 1983 for reasons to be stated in an opinion to be filed.