Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2014 8:00 AM
09/18/2014
RULING
The Court has considered the Request for Camera Coverage and Modification of May 21,
2014 Ruling filed August 21, 2014 and the oral argument conducted on September 15, 2014.
In the request, various media outlets seek a court order authorizing broadcast of video
coverage of the court proceedings each trial day to begin 30 minutes after the conclusion of each
trial days proceedings. The State does not object to the motion. Defendant objects for reasons
stated during oral argument on September 15, 2014 and in sealed proceedings and pleadings
previously filed on the issue of live media broadcast of the trial. The Court previously ruled on
the issue of live broadcast of the trial by sealed minute entries dated November 14, 2013 and
May 21, 2014.
During oral argument on September 15, 2014, counsel for the defendant stated the
mitigation witnesses for the defendant had been assured there would be no live broadcast of the
penalty trial. He further stated that if the penalty trial is broadcast, most of the defendants
mitigation witnesses will not participate in the proceedings for fear of being harassed and/or
threatened. Defense Counsel also orally requested the Court revoke the medias intervenor status.
The Court affirms all finding made in its rulings dated November 14, 2013 and May 21,
2014. The minute entries containing these rulings were sealed to protect the witnesses, jurors,
attorneys and the defendants right to a fair and impartial jury for the penalty phase retrial. This
Court believes the orders contained in those minute entries provide for the least restrictive media
access to the trial that will protect the defendants right to a fair penalty phase retrial. Nothing
presented on September 15, 2014 alters the findings made in those minute entries.
A broadcast delay of 30 minutes after trial has finished each day will not diminish or eliminate the likelihood
of harm noted in the courts previous rulings. In fact, the avowal by defense counsel regarding
the participation of mitigation witnesses if the proceedings are broadcast supplements the courts
findings in its previous orders.
The Court is mindful of its obligation to allow public and media access to the trial. That
access should not include live broadcast of the trial prior to a verdict for the reasons addressed in
previous sealed proceedings. The public and media may attend the penalty phase trial each day.
The media will be permitted to videotape the trial each day using their own equipment.
The
videotaped recordings may be played after a verdict has been reached. During the trial, Court
policy allows the media to tweet from the courtroom. A still camera has been authorized to be
in the courtroom during the trial. At the conclusion of the trial, the Courts FTR recordings will
be available to the public following a public record request and payment of required fees. In the
event there are insufficient seats in the courtroom, Maricopa County Superior Court
Administration has authorized an overflow room for those who wish to view the trial.
For the reasons set forth above,
IT IS ORDERED denying the Request for Camera Coverage and Modification of May
21, 2014 Ruling filed August 21, 2014.
The Court finds revoking the medias intervenor status is not appropriate or necessary.
IT IS ORDERED denying the defendants request to revoke the medias intervenor
status.
http://www.courtminutes.maricopa.gov...4/m6491668.pdf