Battle over 'First 48' TV footage now embroils up to 12 court cases

An agreement between Minneapolis police and true-crime TV show "The First 48" is fanning frustrations behind the scenes in several high-profile criminal cases in Hennepin County.

So far this year, prosecutors or defense attorneys have demanded footage gathered by "The First 48" filmmakers in at least three murder cases, arguing the video could contain vital information and should be considered as evidence. The show on the A&E network features law enforcement agencies that allow filmmakers to follow officers during criminal investigations. The production company, Kirkstall Road Enterprises, has refused to give up the video, leading to legal disputes that attorneys lament have delayed court proceedings and postponed at least one trial.

This may be just the beginning of the drama. Hennepin County Attorney Mike Freeman said there are 12 cases with upcoming court dates involving "The First 48" footage.

"It is frustrating. 'The First 48' is an entertainment device; it's not a device seeking truth or justice," Freeman said. "It gets in the way of us doing our job, the defense doing their job. We wish the police would never have signed up for this."

Freeman said he advised Minneapolis police against signing a contract with Kirkstall Road, but the department went ahead with the agreement. It has since severed ties with the production company.

This week, Hennepin County Judge Tanya Bransford granted one motion to compel the filmmakers to give up footage in the case of Antonio Fransion Jenkins, Jr., 23, who faces eight felonies in connection with two fatal shootings last year. Jenkins' trial is set to begin in April.

Both Jenkins' public defender and prosecutors say the footage could clear up conflicting eyewitness accounts critical to the case. If the film crew complies with the order, Bransford will watch the footage and determine whether it should be admitted as evidence.

But Mary Moriarty, Hennepin County's chief public defender, doesn't think it will be that easy.

Moriarty said she expects Kirkstall Road will fight to keep the footage, meaning the case could take a detour to a court in New York, where the filmmakers are based, where a judge would make the final determination.

Moriarty also expressed frustration with the police department, saying the video could be a key component of the Jenkins case.

"The stakes are so high here," Moriarty said. "You're talking about a man going on trial for two murders, and you would rather have a videotape of what happened — what the witness said, how they appeared — rather than to rely on what people said happened or what they think happened."

Minneapolis police would not comment for this story.

Kirkstall Road's lawyer, Minneapolis-based John Borger, also declined to comment. But in letter to a Hennepin County prosecutor last October, Borger said that the production company is not obligated to turn over the footage and that the filmmakers are protected by the First Amendment and state laws shielding journalists from being forced to divulge sources and information in court.

Borger predicted that prosecutors would have a hard time getting a judge to side with them, arguing that the initial request for footage was overly broad and didn't meet the standards required to circumvent the shield law.

Freeman disagreed that reporter shield laws should apply to filmmakers for shows like "The First 48," arguing the show is entertainment, not journalism.

"If 'The First 48' tries to pull the mantle of the First Amendment around this and be sanctimonious — you know something, defendants have rights," he said. "And people want the truth."

Moriarty said the attorneys are not asking filmmakers to reveal a confidential source. She echoed Freeman's skepticism about the journalistic value of the show.

"They make millions of dollars," she said. "This is a production company that produces a reality TV show."

Of the 12 upcoming cases involving "The First 48," Freeman couldn't say how many may lead to legal debate over footage. But he said the ongoing dispute has already proven frustrating and time consuming for prosecutors.

"We have enough to do where we ought not to have to go through this again and again and again," he said.

Andy Mannix • 612-673-4036