Bailiffs confiscated William Wagener's cellphone and ordered him to return on Thursday to find out whether the ban will remain in place or other disciplinary actions will be taken.
Wagener said he inadvertently snapped the photo on his smartphone while riding an escalator. He co-operated with bailiffs to retrieve the photo and said he did not send it to anyone.
The photo is the latest incident that has raised concerns about the security around jurors hearing the negligence case filed by Jackson's mother against AEG Live LLC. Two alternate jurors were approached by a woman last month who told them not to award any money to the Jackson family.
In recent days, tiny windows on the courtroom door were blocked after jurors reported seeing someone press a camera to the window and snap a photo during the proceedings. Videotaping and photography in the courthouse are banned without a court order, and a judge blocked a request by news outlets to broadcast the trial.
Bailiffs or a court clerk give daily reminders of the courtroom's rules, which include a ban on any transmissions from inside the trial or loud outbursts during the testimony.
Wagener, 67, said he posts updates on the trial on Facebook and YouTube and has sold rights to videos he made during Jackson's 2005 criminal trial. He said if he's banned from the trial, it will hurt his ability to cover the case. He said being in the courtroom is the only way to hear the inflection of lawyers and witnesses and get a full sense of the proceedings.
Superior Court Judge Yvette Palazuelos said she would consult with another judge about how to handle Wagener and the photo of jurors.
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