This medical motto is equally applicable to trial practitioners. One way to avoid harm is not to put your client out in the media – to avoid this:
Marine Corps Col. Daniel J. Daugherty ordered the TV networks on Wednesday to provide a portion of footage that he deemed was not duplicative of other interviews and testimony from the female midshipman. The footage is sought by attorneys for Midshipman Joshua Tate of Nashville, who is facing a March court-martial on charges of aggravated sexual assault and making a false statement. . . . . Interviews with both networks were recorded in 2013, before criminal cases were initiated against the three midshipmen, . . . CBS aired about 5 minutes of a 45-minute interview with the alleged victim. CNN aired 11 minutes from about 55 minutes’ worth of interviews.
Reported in the Baltimore Sun. Counsel does observe the likely litigation to appeal the judge’s ruling.
We saw this not so long ago in United States v. Wuterich & CBS, 66 M.J. 685 (N-M. Ct. Crim. Aapp. 2008), 67 M.J. 63 (C.A.A.F. 2008), although it was the government seeking unaired footage from CBS. I suppose CBS legal department will be getting like us and just having to change names in the caption and some of the facts. CAAF in Wuterich ordered the military judge to conduct an in-camera review before deciding what might be released to the prosecution. You will recollect that the case enjoyed a rather tortuous history, not all related to the media discovery issue.
a. Delay, delay, delay.
b. And maybe some inconsistent statements prior to testimony under oath at an Article 32, UCMJ, investigation – a point that remains to be seen.
c. Candidate for 2014 top ten.