Aug 24, 2006 1:30 pm US/Eastern
Judge Won't Block CBS4 Liberty City 7 Reports
The Attorney For Narseal Batiste Wanted Use Of Undercover Video Banned
CBS4 has obtained Government Evidence In The Alleged Terror Case
Click PLAY To See The Reports In Question
by Brian Andrews
MIAMI (CBS4 News) ―
A federal judge has denied a request for a temporary injunction which would have prevented CBS4 and CBS4.com from showing undercover surveillance video of 7 men implicated in a Liberty City terrorism scheme.
Attorney Ana Jhones had filed the request with Federal Court judge Joan Lenard at the US Courthouse in Miami, asking that CBS, and any other media outlet, be prevented from showing the undercover video showing her client, Narseal Batiste, the alleged ringleader of what prosecutors claim was a terrorist cell based in Liberty City.
The request was denied following a teleconference between Jhones, the judge, and attorneys for CBS.
The "Liberty City 7", as they have been dubbed, face terrorism charges after government agents uncovered an alleged plot to blow up buildings including the Sears tower, the Miami Federal Courthouse, and the Miami FBI offices, as well as other structures.
The undercover video shows Batiste and others taking what prosecutors claims is an oath to the al Quaeda terrorist organization, as well as conversations in which Batiste tells and FBI undercover agent his plans for blowing up buildings.
The video has been the subject of reports by
CBS4 reporter Brian Andrews, and its broadcast has apparently upset some of the attorneys involved in the case.
The material shown on television and on the internet was provided by prosecutors to thre defense as part of the discovery process. It includes hundreds of hours of CDs and DVDs, which CBS4 has been examining for the material which was broadcast.
Jhones argued in her motion that the audio and videotapes have not yet been published in the court file and are not available to the general public. She asked that the media be prevented from showing the material 'in all media' until it could be determined if a 'local rule' was violated in the sharing of the material with CBS4.
CBS4 has reported that the material was legally obtained from a source involved with the case, but has not disclosed the source.
CBS4 News has attempted to contact Jhones regarding the court action, but she has not returned repeated telephone calls.
(© MMVI, CBS Broadcasting Inc. All Rights Reserved.)
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