Rookie 'Citizen Journalist' Learns No Cell Phone Rule -- The Hard Way
Dad Caught Texting Daughter, Wife During High-Security Murder Trial
POSTED: 7:04 pm MST February 26, 2010
UPDATED: 9:23 am MST February 27, 2010
DENVER -- A rookie "citizen journalist" covering the high-security trial of a gang member accused of killing a Denver Bronco learned when a judge says, no cell phones, she means it.That includes getting a voice message from your daughter at school and texting back "I can't talk."It also includes when your wife texts you.
Robert Forto was hauled before Denver trial Judge Christina Habas Friday after deputies caught him using his iPhone in direct violation of a highly publicized order barring anyone from using cell phones, cameras or any other electronic communications in or near the courtroom.With at least two accused gang members testifying under protection of U.S. Marshals in the trial of a gang leader accused of killing Denver Broncos cornerback Darrent Williams, the fear is that anyone taking photos of witnesses or tweeting live reports of when they appear could tip someone seeking to silence those witnesses.Even credentialed journalists inside the courtroom aren't allowed to email or text news reports until they exit the chamber.So, Forto was understandably nervous when the judge had deputies escort him before a packed courtroom and ask if he had missed the no less than seven posted warnings he had to pass in the elevator or the hallways to reach the courtroom.Habas also noted that at every trial break she warned people if they used their cell phone, "you would immediately have that confiscated and you'd be escorted out and not come back.""Did you hear me?" she asked the journalist."Yes, your honor," Forto meekly replied."This is my first trial, you honor, for, uh, I'm a citizen journalist," he added."You are," the judge said."And this is my first assignment," he said."Oooh, Mr. Forto you picked a heckuva time," the judge said."Yes, ma'm," he agreed.Read Robert Forto's Citizen Journalist Blog"If I can say one thing. My daughter had called, she never calls. She was in school and she left me a voice message," he explained."And I texted … 'I can't talk," the father explained."And then my wife texted me, as well, and I said, 'I can't talk,'" Forto added."Then, of course, that's when I was escorted" out of the courtroom by deputies, he said."You know, when you're daughter calls from school you expect that it could be anything," Forto added. "She just doesn't ever call me.""I understand that sir," Habas said patiently. "But the order is very, very clear.""I'm not saying I disbelieve you at all. And I hope your daughter is fine," the judge stressed."Further, I'll note that when I had the phone up here it rang, and it was on audible ring," she explained. Ringing cell phones are not allowed in any Colorado courtroom.The judge said she would give Forto his iPhone back if he let deputies check it to confirm that he had not sent texts messages about the trial and or photos inside the courtroom.She explained the security risks this posed.She also barred him from the courtroom, but said he could go to the City Council Chambers down the hall where the public is allowed to listen to audio transmission of trial testimony."What you did was a contempt (of court). It was a direct violation of my order, even if it was well intentioned," Habas said."I understand, your honor," Forto said.He then left the courtroom, and blogged on a Web site about his experience under the title: "Go Big or Go Home: The Trials and Tribulations of a Citizen Journalists’ First Assignment."
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