UPDATE: Calif. App. Ct. to LA Times: 'Your Photos Are Ready'

Image via WikipediaLos Angeles Superior Court Judge Hilleri Merritt's order barring publication of  Los Angeles Times photographer Al Seib's courtroom pictures of homicide defendant Alberd Tersargyan has been thrown out by the California Court of Appeal. (See "TUOL" posts on 8/11/10 & 8/6/10.)

In a unanimous opinion written by Judge Sanjay T. Kumar, the appellate court ruled Judge Merritt's ban was an unconstitutional prior restraint that violated the First Amendment.The appeals court said the record failed to show that Tersargyan's right to a fair trial would be impeded by publication of the photos.

UPDATE: Calif. App. Ct. Finds Judge's Photo Ban May Lack 'Merritt'

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The California Court of Appeal has pressed Superior Court Judge Hilleri Merritt either to lift her prior restraint on Los Angeles Times photographer Al Seib and allow publication of  his photographs of murder defendant Alberd Tersargyan taken in open court or show cause why her order should remain in effect. [See "TUOL" post 8/6/10.]

 Oral arguments were heard today by the appellate panel and any decision will be deferred for a couple of weeks to allow both sides to submit supporting documents.  In ordering Judge Merritt to rescind her ban, the appellate court cited established First Amendment cases that prohibit prior restraint on publications.

Judge Bars Pix of Murder Defendant; Rescinds Permission Given to Photog

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You can't unclick a camera, your Honor.

The Associated Press reports this week that Superior Court Judge Hilleri G. Merritt ordered Los Angeles Times Photographer Al Seib to cease snapping pictures of murder defendant Alberd Tersargyan and not to publish any photos already taken of the 60-year-old defendant at his arraignment on charges of  murdering a prostitute, and the husband and 8-year-old daughter of a woman he also is accused of killing to which he previously entered a not guilty plea.

Judge Merritt earlier had approved Seib's written request to photograph the defendant, but backtracked when defense counsel objected to pictures being taken.  The prosecutor voiced no opposition to Seib. Judge Merritt took counsel to task for not addressing the issue of  picture-taking before the hearing.

Judge Merritt voiced concern about prejudicing the defendant if pictures of him in an orange prison jumpsuit were to appear in the newspaper. Attorneys for the Times are likely to appeal the order as an unconstitutional prior restraint on the daily's First Amendment rights.