Finnerty told the judge that every day that goes by in which the public and the media do not have the material is a continuing violation of their First Amendment rights as well as their rights under the Freedom of Information Law.

When the judge spoke of her concerns about empaneling a jury in a civil trial, Finnerty countered that she can ensure an impartial jury by exercising control over the selection process.

Still, Bannister again rested on her concerns about pretrial publicity in the civil matter, even though such cases are frequently settled before trial.

She then added a second concern: Release of the video could be traumatic for the victim. It's another argument that The News and WKBW would have to deal with if they appeal.

The News had set the wheels in motion for an appeal after Bannister's first ruling in February. But the newspaper did not push the matter at the time because it was unlikely an appeal would be decided before Jaskula's federal court trial, which had been set for June.

While the newspaper and the television station have not yet decided whether to appeal Bannister's second decision, they have asked for a transcript of Wednesday's arguments, a necessary first step, Finnerty said.