So, I relistened to what the reporter said and I think he is referring to the Ohio Fourth District Court of Appeals decsion striking down parts of Judge Deering's media order. It reportedly says, in part:
"Should Judge Deering or the prosecutors wish to restrict the media’s recording access in the future, the trial court must hold a hearing and make findings on the record in accordance with the factors enumerated above."
Since it's unpublished, we are missing context, but I would not be shocked if it isn't Judge Deering and, not the reporter, who gets the slap on the hand.
The arguments by Judge Deering, the prosecution and the defense on media access have been sophomoric and have lacked rigor. It's about the First Amendment and the public's right to know but it's also about the Sixith Amendment right of the defendant to have a public trial where the officers of the court are transparent and held to account for their behaviors by the public in protection of the rights of the defendant.
The authors of the Sixth Amendment put the words
public trial right after speedy trial and before an impartial jury. A
public trial is one of eight key elements of a fair trial. Last on the list is a lawyer. It tells you something about the importance the authors put on a speedy and public trial, which makes sense given the secret Kangroo Courts of England at the time (and many other places now).
“In all criminal prosecutions, the accused shall enjoy the right to a
speedy and
public trial, by an
impartial jury of the
State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.”
PIKE COUNTY, Ohio — In a ruling issued Tuesday morning, the local appellant court issued a finding in favor of the Guardian and other media outlets, striking down archaic rules set by the judge overseeing Ohio’s worst homicide trial. In a unanimous vote announced before 11 a.m., the justices of...
sciotovalleyguardian.com
