The Associated Press State & Local Wire
October 25, 1999, Monday, AM cycle
SECTION: State and Regional
LENGTH: 499 words
HEADLINE: Prosecutors subpoena CBS interview tapes
BYLINE: By C. BRYSON HULL, Associated Press Writer
DATELINE: JASPER, Texas
BODY:
Lawyers for the producer of a "60 Minutes II" interview with dragging death defendant Shawn Allen Berry on Monday fought a prosecution subpoena demanding copies of the segment, including the unedited outtakes.
A pretrial hearing over the subpoena followed the start of jury selection in Berry's capital murder trial for the June 7, 1998, killing of James Byrd Jr.
Berry, 24, is the third white man charged with beating Byrd before chaining him to the bumper of a pickup truck and dragging him to his death over three miles of bumpy country road. The other co-defendants, avowed white supremacists John William King, 24, and Lawrence Russell Brewer, 32, have already been convicted and sentenced to death.
In the 18-minute broadcast, aired on Sept. 28, Berry told CBS anchor Dan Rather his version of Byrd's killing.
Berry admitted being out on the logging road where Byrd was chained to the bumper of Berry's pickup truck, but said he was unable to stop King and Brewer from beating Byrd, 49. He stopped when King threatened him.
"I wish I'd been able to help him," he said of Byrd. "I wish I wouldn't have chickened out."
Prosecutors want all of the tape from the three-hour interview, at which producer Mary Mapes was present along with Rather and Berry.
At the pretrial hearing, Lawyers for Ms. Mapes branded the subpoena a "fishing expedition," which they said violates the First Amendment and the reporter's privilege to protect his or her work product. The prosecution also erred procedurally, Ms. Mapes' lawyer said.
"It was served on the wrong party, with respect to the tapes," said Mike Raiff. "Ms. Mapes does not have custody or control of the tapes."
Raiff called the prosecution's subpoena an attempt to circumvent the legal necessity of serving the subpoena on CBS News at its headquarters in New York City.
Brit Featherston, an assistant United States Attorney working with state prosecutors, said Ms. Mapes had custody of the tapes when she left Jasper, and it was therefore correct to serve her.
"She is not merely a custodian of the records, she is a material eyewitness to statement by the defendant," Featherston said. "This is purely an obstruction of justice on the part of CBS."
Featherston said the state wants the unedited tape because the broadcast version has portions where Rather repeats or paraphrases Berry's statements, and that is hearsay and therefore inadmissible at trial.
"The other goal is to make sure the questions and answers are flowing as they actually occurred in the interview," he said.
Jasper County District Attorney Guy James Gray told potential jurors today that Berry has given differing versions of the crime to authorities and to reporters.
Ms. Mapes, though subpoenaed, was not present at the hearing. Raiff said she "took a wrong turn," on her way to Jasper.
State District Judge Joe Bob Golden ordered her to appear Friday at 8 a.m. with copies of the outtakes in her possession. Golden said he will rule then.
LOAD-DATE: October 25, 1999
Berry claimed King and Brewer threatened "to do the same thing" to him. Berry did wet his pants during the time they were killing Byrd.
A lot of Jasper's blacks testified FOR Berry. I don't remember what was on the tape.
Trying to keep the Dragger of James Byrd out of trouble. Obviously a racist Klanswoman.