"The First 48" follows the crucial first 48 hours of a police investigation.
the program has shot in several cities over the years with producers first flirting with Birmingham in February of 2007.
But then Mayor, Bernard Kincaid, wanted no part of the program.
Kincaid said at the time, "I think the detectives need unfettered access to what ever mediums they have. And, a lot of those mediums may go underground with a peering camera."
But by 2008 a new administration was in place at Birmingham City Hall. On February 20th 2008 Mayor Larry Langford said he felt the show would give the people of Birmingham a better understanding of how hard homicide detectives work to close a case.
By August of that year cameras were rolling. And now the first episode to reach air has gone to trial and ended with a conviction.
Defense attorney Eric Guster was the first attorney in the Magic City to try and mount a defense in a "First 48" case.
The experience has done nothing to soften Guster's opinion that allowing cameras into the investigation is dangerous. "I believe it undermines investigations and it can undermine trials... because people see these shows, they sit on jury's. They may not tell us everything."
And Guster says he's not only concerned about a tainted jury pool, Guster fears camera's add extra pressure to witnesses and the detectives themselves.
"They may be more influenced to make a witness identification in a case where there's a 'First 48' crew. Other than saying let me think about it, let me get back to you... let me look at these pictures a little longer, that may influence them."
And Guster also points out that defense attorney's do not have access to all the raw video shot. It's a point that Guster says he will make in seeking a new trial for his recently convicted client.
Jim Neill works as a prosecutor in the Jefferson County District Attorney's office. Neill says video shot by "First 48" crews isn't even included when building a case for trial.
"We use the same video and the same statements and those kinds of things that we always do in any criminal case. We get that from the police. We don't get it from the 'First 48'."
Neill adds that as a prosecutor he's charged with seeking justice. And that means ensuring the person standing trial is the right person.
"If a show like that, or the media coverage, would do something to somehow prejudice the community against that defendant and make that trial unfair to him, then we would not be a part of that. I think that's why we had original concerns about the first 48."
CBS 42 contacted the corporate office for A&E seeking a comment on this story but the call was not returned.
CBS 42 also sought a comment from producers of "The First 48" through the Birmingham Police Department but was told that "The First 48" does not grant interviews.
