DetectiveDraper
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- Apr 23, 2021
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I haven't had time to look into all of the docket entries -- and boy there are a lot -- however, one thing that stuck out to me was that the local media (KY3, KOLR10) were denied access to film video or record audio for either the motion hearing or preliminary hearing -- maybe both? When I initially saw that on the docket, I presumed it has something to do with affecting a potential jury selection, however IMO that's going to be the case if they try this case in the county where the murder took place. I'm surprised the attorneys for the defendants have not filed a motion to change venue, as it is my understanding if they were to do so they would have already done it.Is this normal? All the rescheduling? Anyone know?
Let me get off that tangent though and back to what I really find interesting -- the media was denied coverage and the judge presiding cited Court Operating Rule 16.03. Of course I had to look that up. It would appear that on 3/18, according to the docket entry on that date, the media coordinator for the 30th circuit, Mr. Gene Hartley, not only inquired about the Court Operating Rule, but a protective order was also granted for discovery. Could anyone with a broader legal background elaborate as to why there would need to be a protective order requested? It's my understanding discovery is never accessible to the media or anyone besides counsel. It just seems like a strange thing -- paranoia almost at information leaking. Again this could all go back to tainting a jury pool. It would appear KY3 and KOLR10 did not request access to the hearings in time, violating Court Operating Rule 16.03 which states in entirety (reason I believe they were denied, at least on paper, in bold for easier reading):
Approved for publication Aug. 21, 1995. Amended Feb. 22, 2000; Mar. 21, 2018, eff. July 1, 2018; May 29, 2018, eff. July 1, 2018.)
16.03 PROCEDURAL
(a) Media Coordinators.
(1) Each circuit and appellate court shall provide this Court with the name and contact information of the person recommended to serve as its media coordinator. Media coordinators shall be appointed by this Court. A media coordinator may be either a member of the media or a local court employee.
(2) In the event a media coordinator has not been appointed or is not available, a judge for a particular proceeding, or his or her designee, shall serve as media coordinator.
(3) Media coordinators shall be responsible for all arrangements for media coverage, including initial requests for coverage and any issues that may arise during the course of coverage.
(1) All requests by the media for media coverage or otherwise to use media equipment in the courtroom shall be made to the media coordinator in writing as soon as practicable after the judicial proceeding is scheduled but at least two business days in advance of the scheduled proceeding. If a proceeding is scheduled with fewer than two business days' notice, then any request for media coverage must be made as soon as practicable thereafter. This Court's communications counsel shall post the names and contact information of the media coordinators on the Missouri Court website.
(2) The media coordinator, in turn, shall give notice in writing of said request to counsel for all parties, parties appearing without counsel, and the judge as soon as practicable. In addition, the media coordinator shall submit a copy of the notice to the clerk of the court in which the proceeding is being held.
(3) Before trial commences, counsel shall inform any person counsel may call as a witness that the witness will be subject to media coverage unless the judge limits or prohibits such coverage.
(c) Any media making a request to a media coordinator for media coverage of a judicial proceeding shall include the name of the person seeking such coverage; the affiliated entity, if any; and the media equipment to be used. The media coordinator shall provide this information to the judge, as to all media granted access to media coverage under this operating rule, as soon as practicable before a judicial proceeding is scheduled to begin.
(d) Objections. Upon the objection of a party or a participant or on a judge's own motion, a judge may prohibit any or all media coverage of a participant in a judicial proceeding or any or all of the participant's testimony.
(e) Media Hearing. A judge may hold a hearing concerning applications or plans for media coverage. During the hearing, the judge may hear any objections to media coverage and set terms and conditions of media coverage.
Thoughts or elaborations anyone?