Judge approves release of Diana Ross arrest video

TUCSON, Ariz. -- A judge on Tuesday ordered the release of a police videotape shot during Diana Ross' arrest on suspicion of drunken driving, but without audio of her comments.

The singer's attorneys and a city lawyer agreed to conditions of the release, which was requested by several media organizations. Her lawyers had previously objected to making the tape public.

The video was shot while police questioned Ross and administered a field sobriety test.

Ross was arrested Dec. 30 for investigation of driving under the influence, DUI with a blood-alcohol level above Arizona's legal limit of 0.08 and extreme DUI, a charge that can carry greater penalties than a regular DUI. A breath test showed Ross had a blood-alcohol reading of 0.20. The 58-year-old pop diva, who has a home in Arizona, wasn't at the hearing. She has pleaded innocent.

City attorney Beverly Ginn said the tape should be available after editing by Friday at the earliest.

Judge John Kelly held a hearing Tuesday on Ross' request for a temporary restraining order barring release of the tape. Her attorney, Leon Silver, argued that a previously released police report on Ross' arrest provides enough information to meet the purposes of Arizona's public records law.

The state's open records act requires that public records be released, excluding private, confidential information.

Ginn said the police department didn't want Ross' statements released either, given the potential for pretrial news coverage and concern over pretrial release of suspects' statements.

The judge said Ross' comments about her family, other personal and residential information and directions to her home would be edited out before the tape's release.