A search warrant order was served yesterday at the offices of WTVG-TV, Channel 13, to obtain a videotape interview of Jamie Madrigal, who is being retried in the 1996 shooting death of Misty Fisher.
Representatives of the Lucas County Prosecutor's office went to the station at 4247 Dorr St. after segments of a reporter's interview with Madrigal were broadcast on Thursday's 6 and 11 p.m. news programs.
The entire two-hour interview was made available on the station's Web site.
Tom Ross, an investigator for the prosecutor's office, said Brian Trauring, WTVG news director, surrendered the videotape after talking to company attorneys.
The interview was conducted in April, 2003, when Madrigal was on death row at the Mansfield Correctional Institution. Madrigal, 30, was convicted in 1996 and sentenced to death for the fatal shooting of Miss Fisher during a robbery of a South Toledo KFC.
A federal appeals court overturned the conviction and sentence. The court ruled that the Lucas County Common Pleas Court jurors in the 1996 trial should not have heard the confession of the co-defendant implicating Madrigal.
Lucas County Common Pleas Judge Gary Cook has set a trial for February.
Prosecutors issued a subpoena for the videotape in August, but the station failed to comply with a request to surrender the tape before Aug. 31. Mr. Ross said the search warrant was obtained after the tape was broadcast.
"There are incriminating statements by Madrigal in the interview. We feel that is evidence that can be used at trial," Mr. Ross said.