NEWS > 30 November 2006

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Durham Herald Sun - Durham,NC,
30 November 2006

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Press group: Police violated p

DURHAM -- Lawyers for the North Carolina Press Association say Durham police officers violated Durham-based photographer Julian Harrison's rights to work as a journalist when they confiscated his equipment and took him into custody at the scene of a Nov. 3 officer-involved shooting.

Amanda Martin, general counsel for the NCPA, said the fact the incident was not the only time officers had attempted to bar Harrison from working was "offensive to the First Amendment." The incident occurred when Harrison was videotaping the scene of the Nov. 3 shooting. City Councilman Eugene Brown has asked for a report on the incident to be presented to the City Council at its next meeting, Monday.

Brown, contacted Thursday, said he is withholding comment on the incident for now, since the investigation has not been completed.

Harrison, a freelance photographer whose work occasionally appears in The Herald-Sun, was standing outside a police crime scene tape when an officer identified as Capt. Dowdy -- who police spokeswoman Kammie Michael later said was not present at the department's "media training" session days earlier -- pushed Harrison onto the hood of a civilian's car and arrested him for "disorderly conduct."

Magistrate Eric Van Vleet refused to charge Harrison and released him in less than an hour, saying he had done nothing wrong.

While the police department does have a right to take control of a crime scene when the integrity of an investigation or the safety of individuals becomes an issue, NCPA counsel Martin said officers do not have a right to intimidate members of the media or to prevent them from "trying to do their jobs."

"Journalists have no more or less rights than the public at large," Martin said, "And the public at large has the right to be on public property."

Last week, Harrison said he and his attorney, Fred Battaglia, would be seeking both internal and external investigations into the arrest, which Harrison described as a physical attack.

Police Chief Steve Chalmers said Thursday the department is conducting its own independent internal investigation and working on a report about the incident for the City Council. He added his department would comply with whatever investigations are mandated, but said Harrison and his lawyer have failed to file an official complaint.

Martin said an external investigation conducted by the State Bureau of Investigation may be in the cards for the Durham Police Department, which has had several issues with Harrison in the past. The NCPA represented Harrison in the aftermath of one of those episodes, Martin said.

Chalmers, who declined to discuss the case because the internal investigation has not been completed, said he could not recall the previous incidents involving Harrison and asked that he be alerted to any prior clashes between Harrison and his officers.

Members of the media have no reason to fear arrest when working in their capacity as journalists, said Chalmers. He added that the department does not need to reassess its relationship with the media because the incident involving Harrison was an isolated one.

In the month since The Herald-Sun broke the news of Harrison's arrest, the incident has been posted and discussed on numerous national Web sites, including the conservative site Townhall.com and another site -- morebadcopnews.com

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Article sourced from

Durham Herald Sun - Durham,NC,30 November 2006

Press group: Police violated p

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Durham Herald Sun - Durham,NC,
30 November 2006