Arizona Republic
10/27/03

NOTE: Although the article does not state so, ExhibitOne designed and integrated the evidence presentation system for this courtroom.

High-tech courtroom can record dirty details

Superior Court Judge Jeffrey Cates was sending a young man to jail. He dryly read off a list of instructions and told him when his next court date would be. The young man was carted away in handcuffs. Then, Cates' voice perked up. "Stay there," he said. It took me a few seconds to realize he was talking to me, sitting in the back of the courtroom. "There's some things I wanted to show you there in your seat."

I had asked Cates to give me a tour of his courtroom, which is one of Maricopa County's new E-courtrooms, outfitted with cameras and monitors and high-tech gizmos.

Cates' courtroom is the only one in the criminal division with the $100,000 worth of equipment. For the past three months, it's been home to the trial of Brian Finkel, the abortion doctor accused of molesting dozens of his patients. The courtroom befits Finkel, a staunch abortion-rights advocate who was never shy around a camera.

Cates had less than an hour to show off his courtroom before Finkel was scheduled to take the stand in his own defense.

The judge, still seated behind his bench, punched a button on a console. On a television screen above me came a list of facts about being a juror. The same image filled the screens that line the walls of the jury box.

This is a sample of what we do for jury selection," Cates said.

He changed the screen to show a few of the witnesses who were set to testify in the nine-week Finkel trial. "I don't have to spell out the names because everything is up here," he said. "Jurors can visualize and see if they know any of these people."

Cates also explained that the courtroom is filled with highly sensitive microphones, as well as cameras positioned on key areas. A computer that records the trial automatically switches the camera view to the spot where the microphones detect the loudest noise.

"C'mon back here. I've got a lot to show you," Cates said. He was out of his robe and in gray slacks and purple tie. He was obviously excited about this new technology. He said he was one of the few judges to really embrace it. According to Cates, jurors have said it really helps them keep evidence straight, especially in long trials with lots of witnesses, like the Finkel case. There are 35 women accusing Finkel of misconduct. During deliberations, jurors have a photo of each one who testified.

The console on Cates' bench lets him control what the cameras shoot, what's shown on the monitors, and what's saved on the computer. "I can lock the camera down on a witness," he said. "When Finkel is testifying, I locked it on him while he's testifying."

At that moment, Finkel walked into the courtroom. He was 20 minutes early and showed up before either of his defense attorneys. He wore a black suit and red tie. He carried a black briefcase and a blue lunch tote. He zipped open the blue bag and took out two bottles of spring water.

Cates stood in front of him showing off the courtroom's touch-screen technology. He placed a crude drawing of an intersection under a projector near the attorney's podium, then jumped into the witness box and used his finger to draw the path of an imaginary shooter fleeing a murder scene. The line appeared on the courtroom screens. "It really livens things up," he said.

Finkel leaned back and rocked in his chair, chewing a piece of gum. For a man facing more than 98 years in prison, he looked relaxed. Two female college journalism students, one taking notes with a pink pen, sat in the front row of the gallery. One, thinking Finkel was a defense attorney, waved him over. Finkel got up and went over to the pair. "I always come when the pretty girls call," Finkel said.

Finkel's trademark bravado isn't on display for the jury. On the stand, he is calm and professional, a complete contrast to his high-profile public persona. He was always quick with a glib quote for reporters and more than willing to pose for a photo wearing his bullet-proof jacket and brandishing a handgun.

Finkel fought for the right of women to come to his clinic. But now his defense rests partly on attacking the credibility of his accusers, hinting at promiscuity and repeated abortions.

The trial has included painstaking testimony about the intricacies of gynecological exams. Jurors have heard about bi-manual exams, uterus size and speculums. Such mundane testimony has been punctuated with blushing language about Finkel's alleged behavior. Women testified that Finkel shook their breasts or rubbed their privates as they came out of sedation. Finkel has adamantly denied all such claims, saying any touching of private areas was medically necessary.

Finkel was still talking to the two students when Cates walked me back to his chamber. It is also equipped with a camera and can record attorney conferences or maybe the testimony of an abused child who would be intimidated in open court. It also allows Cates to see what's happening in his courtroom. The monitor showed that Finkel was now sitting on the witness stand getting ready for court to begin. He was pouring water in a cup. "He's making noises, that's why the camera is on him," Cates said. The mike picked up the glug-glug sound.

Cates kept giving practical uses for the electronic gizmos in his courtroom, from the vital to the mundane. Jurors sitting on an upcoming death penalty sentencing hearing will be able to watch the entire murder trial instead of having it read to them. Jurors who are hard of hearing can use headphones, like those some theatergoers get at Broadway shows. Lawyers can save money by not having to make big cardboard blowups of documents. Attorneys can also re-watch key testimonies. Same goes for reporters who miss something.

Cates pulled up from his computer the testimony from a past witness in the Finkel trial. As it started playing, he paused it to say who the man was: Frankie Segal, Finkel's personal trainer. He had moved to California but contacted authorities after hearing of the charges against Finkel. "No reporters were here that day," Cates said of the testimony. That day, according to the time stamp, was Oct. 7.

The prosecuting attorney asked Segal if he knew Finkel was an abortion doctor. Segal said yes.

Cates pointed to the word "lock" on the monitor. "See, I had it locked so it didn't bounce around."
The prosecutor asked Segal if Finkel had ever told him of any unusual contact with patients. Segal said yes.

"Isn't this great quality?" Cates asked.

The prosecutor asked for details of what Finkel had told Segal.

"Are you ready for me to get explicit?" Segal asked. He then got explicit. He made an obscene gesture with his fingers held close to his mouth. "He said he liked to do that to women . . . "

Cates stopped the recording. The display of technology had suddenly become R-rated. He sighed a little and smiled. "This is what I've put up with for the past three months."

Reach Ruelas at (602) 444-8473 or richard.ruelas@arizonarepublic.com.