Judge rules Coleman deposition won't be released

PROVO, Utah (AP) - February 18, 2009 Fourth District Judge Samuel McVey said Tuesday that he was worried about whether there would be a fair trial if people in a jury pool had seen the video.

"I do not want to come in here and have the whole jury challenged off," he said.

Terry Plant, Coleman's attorney, said that if the video were released it could spread quickly and destroy Coleman.

The 41-year-old actor starred in the "Diff'rent Strokes" TV series.

Dustin Lance, an attorney for Colt Rushton, who is suing Coleman over the September incident in which Coleman allegedly hit Rushton with his truck, objected to keeping the deposition sealed.

Lance said the likelihood of a fair trial is the same whether or not the video is released. He said the case is already known based on media reports and contends that Coleman is asking for special privileges.

"We've got an uphill battle," Lance said. "This case has already been tried in the media."

According to court documents, Coleman, his wife and his bodyguard were bowling in Payson in early September when Rushton took a few photos of Coleman with his cell phone camera and took another of Coleman's truck in the parking lot.

Documents say a scuffle ensued and Rushton's cell phone was taken away before Coleman allegedly ran into Rushton with his truck as he was backing out of the parking lot.

Coleman pleaded no contest in December to a disorderly conduct charge in the incident and was ordered to pay a $100 fine. He also pleaded no contest to a reckless driving charge, which will be waived if he doesn't have any other violations within a year.

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