Stephen M. Silverman
January 06, 2003 07:29 AM

Diana Ross, charged in Arizona last week with “extreme” DUI, has made a legal request of her own, the Tucson Citizen newspaper reports.

The star, 58, sought — and received — a temporary restraining order that prevents the Tucson Police Department from releasing to the public a videotape made during her arrest.

Pima County Superior Court Judge John F. Kelly approved Ross’s request after several media outlets, including TV’s “Inside Edition,” filed public information requests for the tape.

“The tape was made outside the formal procedures of the department … for whatever motivation,” said attorney Greg Davis of Phoenix, who is representing Ross.

Judge Kelly has set a hearing for Jan. 14 to discuss a permanent injunction. He had no comment on the restraining order, nor did Ross’s camp.

According to her complaint, filed last Thursday (following the release of a police report that showed Ross’s inability to write down the alphabet at the time of her stop), the video of Ross’s arrest outside a video store at 12:30 a.m. is not public record because it was “not made in the normal course of a police traffic stop, but rather … by an officer not involved in the stop but who determined to make a videotape recording once he learned the identity of the plaintiff.”

Davis maintains that even if the tape is part of the public record, there are “exceptions and circumstances” regarding Ross’s right to privacy. He said releasing such a tape would irreparably damage his client’s right to a fair trial, reports the Tucson Citizen.

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