The attorney for WHDH is in front of Judge Garsh - alone. He will bring forward the man who drove the SUV. Garsh says her inclination was to ban WHDH as an entity without this hearing. The WHDH individual who is testifying is Robert Cusanelli, who works as a photographer.
The photographer says no one from the station "specifically" said to follow jurors. Station thought it would be good to know where jurors were getting on and off each day. "When the jurors were done for the day, I saw the bus near the back of the court" and I followed. Driver says he had no intention to interact with jurors. "No, I know that's forbidden." "I realize now it was a mistake".
Garsh: "Did you write down the names of any license plates?" Driver: "No."
WHDH attorney: driver had no intention to speak with the jury. Channel 7 takes these issues very seriously Says an "experienced photographer made a snap decision at the time."
Garsh: The court concludes that he "intended to go to the location where jurors would be." "This court has previously issued an order and that order specified no person shall contact a juror. Photographer "intended to go to a location where jurors would be to determine location for post-verdict interview. Garsh: no contact order also mandates physical separation from jurors.
Garsh orders the driver off the case "he cannot as a photographer come into this building" or to it via a WHDH vehicle. The judge says she won't further sanction WHDH, meaning they - as a news organization will not be off the case.