Photos seized in JMU raid are sealed for now

[Blue_Tires]

The Rockingham County commonwealth's attorney's office has handed over to a third party the 926 images seized Friday in a raid of James Madison University's student newspaper, The Breeze.

"There's a general recognition that the right procedures weren't followed," said Frank D. LoMonte of the Student Press Law Center in Arlington County, which helped The Breeze obtain legal counsel.

"The understanding is that the prosecution -- knowing that questions had been raised about the legality of the search -- put the disc with the materials into a sealed envelope and didn't look at it, copy it or use it for anything," he said yesterday.

The envelope has been given to a faculty member at JMU, who will hold it until a resolution is reached between the paper's legal counsel and Commonwealth's Attorney Marsha L. Garst, who still is seeking use of the images for an investigation.

The photos are mostly of Springfest, an annual party that drew about 8,000 people on April 10 and turned ugly when a riot broke out.

More than 30 people were arrested and 42 were injured after police used pepper spray and tear gas to break up the riot. Property damage was extensive, according to police.

Attempts to reach Garst by phone and e-mail since last week have been unsuccessful.

On Friday, several officers led by Garst showed up unannounced at The Breeze's office with a search warrant.

"We didn't feel like it was our responsibility as journalists to be the arm of the police," Katie Thisdell, editor-in-chief of The Breeze, said yesterday. Thisdell initially refused to hand over the photos.

Thisdell allowed police to copy the images onto a disc after Garst threatened to seize computers and equipment from the office if she did not comply, Thisdell said.

http://www2.timesdispatch.com/rtd/news/state_regional/article/JMUU20_20100419-221802/338560/#comments