Graf wrote, "the court finds that substantial public commentary about this case is likely to continue whether or not electronic coverage is allowed."
In a ruling issued on Tuesday, Judge Tony Graf confirmed that cameras will be allowed inside the courtroom for the preliminary hearing of Tyler Robinson, the man who has been charged with killing Turning Point USA founder Charlie Kirk. The preliminary hearing is set to start on Monday.
Graf sided with the defense in only one of their objections against electronic media coverage, saying that Utah’s Deseret News filed its request too late to be considered for July 6. The outlet, with respect to the July 6 date, filed its request 13 days before, instead of 14 days. Their requests for July 8 and 10 were granted.
Regarding livestreaming, Graf wrote, "the court finds that substantial public commentary about this case is likely to continue whether or not electronic coverage is allowed. The relevant question is therefore not whether publicity can be eliminated. It is whether the requested coverage, under court-imposed limits, creates a reasonable likelihood of prejudice or sufficiently compelling reasons for exclusion."
"On this record, controlled livestreaming and still photography may reduce reliance on secondhand or inaccurate descriptions by allowing the public and journalists to observe the same proceedings subject to the court's decorum order, camera-placement restrictions, evidentiary rulings, and exhibit limitations. The court does not rely on a generalized preference for electronic access; it finds that the specific benefits of accurate public observation of this preliminary hearing outweigh the incremental prejudice Defendant has identified from the requested coverage itself."
"In sum," he wrote, "the preliminary hearing is likely to generate extensive public discussion about Defendant. Defendant has shown a substantial risk of prejudicial publicity generally, but has not shown on this record a reasonable likelihood that the requested controlled coverage separate—from publicity likely to occur regardless—will prejudice his fair-trial rights. Nor has Defendant shown sufficiently compelling reasons under Rule 4-401.01 to exclude the requested coverage, subject to the limitations and continuing supervision described in this order."
This is a breaking story.
Judge Graf Preliminary Hearing Cameras Ruling 6/30 by Hannah Nightingale
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