June 27, 2002
Pornographic pictures and video presented Tuesday as evidence in the David Westerfield murder trial caused local television news stations to consider appropriate ways of presenting the testimony and the images.
Police investigators say pornographic pictures and video were found on computer disks in Westerfield's house. Prosecutors contend that the images reveal a motive for Westerfield, who is charged with kidnapping and murdering his 7-year-old neighbor Danielle van Dam in February.
Many of the pictures the jury saw showed what appeared to be young girls in their early to mid-teens in various nude and seminude poses, along with several graphic videos of sexual assaults that included screaming.
Jurors were shown the images on a video monitor. Television viewers saw the monitor at a sharp angle with its screen blurred.
When the testimony turned graphic, Channel 8 ran two visual warnings, depending on the situation. One said, "Warning: Explicit Testimony," the other, "Warning: Graphic Evidence."
KFMB/Channel 8 news anchor Graham Ledger repeatedly cut in with oral advisories that the testimony was explicit.
Although the station ran the sounds of a girl moaning during its live coverage of testimony, it did not use the sound in any of its early afternoon newscasts. However, Channel 8 did use the sound in its nightly Westerfield trial special at 7:30.
"I made the editorial judgment that viewers tuning in to that show would be more aware of what to expect," said KFMB news director Fred D'Ambrosi. "We gave a very clear verbal warning prior to the story. We did the same at 11 p.m."
For the past two weeks, while the testimony focused on DNA evidence and other technical data, KFMB had not been broadcasting the Westerfield trial live and continuously.
With the compelling nature of the pornographic evidence, Channel 8 went back to the courthouse live on Tuesday. Yesterday, the station resumed its regular daytime programming after broadcasting the trial for about an hour.
Television coverage of the trial is being carried via pool coverage – a single camera that provides the same picture to local TV stations and cable's Court TV.
In San Diego County, Tuesday's court session was seen on KGTV/Channel 10's round-the-clock cable TV outlet, News Channel 15; KUSI/Channel 51; and Channel 8.
KUSI news director Richard Longoria said his station hasn't been showing any pictures or videos that are pornographic.
"We 'pot' (turn) down the sound when it is graphic," he said. "In other words, we did not air the screams coming from the video. We won't air any sound that is graphic."
On News Channel 15, anchor Hal Clement and reporter Steve Fiorina explained to viewers what to expect with the presentation of the pornographic evidence, saying the station would not show any of that material.
"We also warned that some of the audio which could be heard might be graphic, but we were going to monitor that as closely as possible on live television," said Channel 10 news director Mike Stutz.
"We also had a screen graphic up (when the trial resumed) which advised viewers the jury was viewing the pornographic material while they (viewers) were seeing the witness and attorneys on television. It also advised that the audio could be graphic."
Court TV did not air any of the pornography-related audio.
"We didn't think it was appropriate," said a spokeswoman for the channel.