• by David Goetzl  @dgoetzl, July 6, 2011

As the high-profile federal case against recently captured Whitey Bulger unfolds, the media has a video of him being moved from a helicopter to an SUV. Clad in an orange jailsuit and handcuffs, he's guided by two law enforcement officials in Boston seemingly armed enough to storm a terrorist stronghold.

It's a gripping video. It's the kind that can carry a local newscast, serving as the lead story and then helping fill ensuing reports.

Yet, should it have been available? Bulger is accused of 19 murders, tore apart families and then lived on the lam in the California sun, so it is difficult to say this: did he deserve that more caution be taken to avoid TV cameras?

That perp walk was open for news helicopters hovering above to shoot. Yet, a case could be made that the feds failed to honor their obligations by not using better planning. The FBI, U.S. Marshals Service and other agencies under the Department of Justice are required not to "encourage or assist news media in photographing or televising a defendant being held or transported in Federal custody."

Of course, the agencies cannot stop news media from gaining access in the public sphere, such as the Boston air space. So, perhaps Bulger could have been loaded into a vehicle in an underground parking garage or some other hidden venue, and the helicopter have been avoided.

If indeed a person is innocent until proven guilty, perp walks can be seared in memories and alter public perception forever, even if a person is eventually set free.

"It makes you looks as guilty as could be," a law enforcement official told the New York Post.

Much of the same issues apply with the release of mug shots. A photo of an inebriated celebrity or a smiling John Edwards can bring a Pavlovian negative reaction to them in perpetuity

Even if TV news executives agree in theory, ratings races won't allow much space to oblige. A well-known person in cuffs is good stuff and if one station doesn't carry it, your competitor owned by Rupert Murdoch will.

Boston's ABC station scored a coup with an apparent joint mug shot of Bulger and companion Catherine Greig, which gave it an air of leadership on the story with the photo's widespread circulation with its logo on it.

While the feds are prohibited from easing access for the news media, the matter might be different for local and state police. In many jurisdictions, heck, there are cameras in the courtroom.

The Bulger case may be extreme as he is unlikely to get off. Yet, he still has rights all other citizens would want. 

The so-called DSK local matter in New York has thrust the issue forward. Former IMF chief Dominique Strauss-Kahn has been the subject of perp walks since his arrest in May on sexual assault charges.

Sure, he may have been dressed nicely and accompanied by guys in suits without assault weapons -- at least visibly -- but the cops clearly weren't interested in getting DSK's take on exchange rate stability.

Now, the case against DSK appears to be losing steam. He is out from house arrest and very well could have charges dropped.

But after weeks on the news captured by cameras, did he deserve better than to help inject ratings? The French may actually vote him into office, but would an American company hire him?

New York Mayor Mike Bloomberg has gone against previous statements and now isn't too keen on helping TV outlets. "We have done perp walks for the benefit of newspapers and television for a long time - I've always thought that the perp walks were outrageous," Bloomberg said on Tuesday.

The Wall Street Journal also quoted him as saying perp walks "vilify" suspects "for the benefit of theater, for the circus. They did it in Roman times. There's nothing new."

There's the similar matter in mug shots. Release of these is harder to control. On the federal level, at least with the U.S. Marshals Service, the media can place a freedom of information request for the photos, which can be granted reasonably swiftly.

Going forward, media access to video of the presumed innocent isn't going away. TV executives and others needn't worry, the circus will be coming to town.