Judge opts not to hold Post-Gazette photographer in contempt for courthouse photo

A judge on Friday decided not to hold a Post-Gazette photographer in contempt of court for a photo taken earlier this week that the judge believed was in violation of a court order.

The photographer, Andrew Rush, had taken a photo Monday of Cheron Shelton and Robert Thomas, the defendants in the death penalty case in a 2016 Wilkinsburg mass shooting for which jury selection is happening this week.

Rush had been standing in an area of the fifth floor of the courthouse, where cellphone and other electronic use is permitted. The defendants had been outside of that designated area when they were photographed.

Court of Common Pleas Judge Edward J. Borkowski said the photo violated state law, the rules of criminal procedure and local rules governing photography in the courthouse. He threatened to find Rush in contempt of court and threatened civil contempt against the Post-Gazette for failing to educate its photographer properly.

Borkowski opened the 10 a.m. hearing Friday by noting he was in a “conciliatory mood.”

He said it appeared neither Rush nor the Post-Gazette intended to circumvent the law but were rather relying on past experience when the photo was taken, as reporters and photographers previously have taken similar photos without consequence.

In the end, neither Post-Gazette attorneys Frederick Frank and Fritz Byers nor defense attorney Pat Thomassey had to speak on behalf of their respective clients.

Thomassey said after the hearing that he was pleased with the outcome.

“I think the result of what happened today is a good one,” he said. “The rule of court and the statutory language concerning the use of electronic devices in courthouses across the state had to be clarified. There was a rule, but in Allegheny County, it wasn’t clear what the rule meant.”

Clarifying the rule was his point, Borkowski said.

“My purposes have been served,” he said, noting that he has “put the Post-Gazette and all media on notice” that he strictly will enforce the rules and take action when necessary.