BY BETH VELLIQUETTE
bvelliquette@heraldsun.com; 419-6632
WINSTON-SALEM -- A federal judge quashed motions by Demario Atwater's attorneys that would have required about 20 news organizations to turn over every news article or videotape that mentioned the murder of Eve Carson.
The attorneys were seeking the information to submit as evidence that Atwater's federal trial should be moved out of North Carolina because of pretrial publicity.
U.S. District Judge James A. Beaty said defense attorneys were attempting to place the burden on the news organizations to collect evidence for them, and he ruled that the request was unreasonable.
Beaty ruled the media organizations would have to submit their broadcast and circulation figures to Atwater and that they would need to provide instruction and help for Atwater's defense team on how to obtain the materials off their websites, but they wouldn't have to do the actual work themselves.
Atwater is facing trial for crimes associated with the death of Eve Carson, UNC's former student body president, on March 5, 2008. He could be sentenced to death if found guilty.
Beaty listened to arguments from four attorneys representing various media groups, including The Herald-Sun, area newspapers and television stations that provide coverage that might be seen by potential jurors who live in the Middle District of North Carolina.
After Atwater's attorneys sent subpoenas to the media organizations, most of the organizations objected and filed motions to quash their subpoenas. Atwater wanted a copy of every single television broadcast or news article that either mentioned Eve Carson, Atwater, or his co-defendant in the state case, Laurence Lovette Jr.
The news organizations argued it would take hours, maybe weeks or even a month to identify the stories and copy them, and that they didn't have the staff to do the work, especially in light of the drastic personnel cuts many news organizations have had to make.
"They don't even have enough resources to do what they're trying to do, said Amanda Martin, who represented 14 news organizations, including The Herald-Sun, The News & Observer, The Daily Tar Heel and WRAL.
"What the subpoenas do is attempt to move their burden to our shoulders," Martin said.
Attorney John Hasty, representing WSOC in Charlotte, said Atwater's attorney were on a fishing expedition.
Atwater's attorney, Kimberly Stevens, told Beaty that some news organizations had complied with the subpoenas, including the Greensboro News & Record. She read an editorial from the paper that called Atwater and Lovette two-legged wolves that should be euthanized.
"That is not what we're looking for," she said.
The problem, she said, was the repeated coverage and videotapes that showed Atwater being arrested, being walked into the Chapel Hill Police Department or court in handcuffs and chains.
"They're factual, but they're inflammatory," she said.
Beaty gave Atwater an extra week to collect the evidence for the change of venue hearing, and he set the deadline for March 22.
