More thoughts after another read of the judge’s order.*
In filing the Motion to Intervene, NBC also asked for some "Public Trial Exhibits" from RA's trial. In fairness to Dateline, I wish I had found that motion. Anyone? TiA.
Trudging ahead w the order, I’m paraphrasing some of judge’s “observations” (her term here, not using the more common “Findings of Fact”)
- ¶6. To date, the "Exhibit Volume" has indexed about 2 banker's boxes of exhibits, estimates could exceed 15 volumes. Requires more steps to prepare confidential & non-confidential volumes.
- ¶7. Interrupting that work now would force Ct Reporter to request extension(s) of time from IN. Ct of Appeals to file transcript.
But here's the real KICKER, mentioned in my earlier post:
- ¶8, 9, & 10. All LACK SPECIFICITY.
- ¶12. Which EXHIBITS are being requested?
(My note: Appears w this public records request, the judge expected to be provided the EXHIBIT IDENTIFIERS (like Prosecution No. 10, or Defense No. 20, or whatever IN. equivalent) which would commonly be used in making a request re trial.
¶ 14, 15, 16. There were 22 credentialed reporters "assigned front row seats" (yes, literally), and each day they were invited into the well to examine the exhibits.
Dateline NBC’s Marianne O’Donnell, was among them. O’Donnell was present.
¶18. This court is one of the busiest trial cts in the state, w 25 MURDER cases set for jury trial, along w hundreds of other major felony cases set for jury trial.
(My note: This was an open criminal trial, which Dateline attended w the opportunity to collect info like Exhibit Number Identifiers but apparently failed to do so. Or there may have been communication boo-boo’s btwn Dateline personnel & the law firm drafting the motion. Or something else. IDK. Kudos to
@Vern who posted “… the justice system does not cater to social media clicks and television ratings.”)
Seems in BALANCING a convicted criminal’s constitutional rights against the public’s “right to know” the court refused to DELAY defendant’s APPEAL in order to fulfill Dateline’s entreaties (my note: in its quest for ratings) which were vague, or overbroad, or lacked specificity.
Altho the records were not provided in time to include in Dateline’s scheduled airdate, the judge did NOT DENY Dateline’s records request. The order DELAYS the record production UNTIL à
¶23 on receiving "a particularized, specific request for an actual exhibit introduced in the jury trial" the court & reporter will set aside "dates and time to consider and accommodate appropriately."
Then almost verbatim: The court & reporter CANNOT GUESS at what is being requested.
Did Dateline hope judge or court reporter would mindread?
IDK, but seems the ball is back in Peacock’s court.
jmo
____________________________
*Judge’s Feb 18, 2025 Order
drive.google.com
BTW, acknowledging that I'm not familiar w specifics of
- IN access to public records act, or other act applicable to trial court records in crim cases, or
- IN. judicial rules re third party's "right to intervene" in a criminal procedure, or
- IN. ct rule establishing deadline for judges to issue orders re access to public records motion.
Caveats, done now. Whew, whaddidImiss?