| Media argues: They want to allow Peterson preliminary hearing be open August 1, 2003 Attorneys for a collection of California newspapers and lawyers for broadcast outlets filed court papers arguing that the preliminary hearing for murder suspect Scott Peterson should remain open to the public and the news media. The law firm of Davis Wright Tremaine LLP filed papers Friday on behalf of CNN, Court TV, NBC and ABC. "Now is the time to protect the public's right of access to these proceedings," wrote attorney Charity Kenyon. She filed the brief Thursday in Stanislaus County Superior Court on behalf of The Modesto Bee, the Los Angeles Times, the San Francisco Chronicle, the San Jose Mercury News and the Contra Costa Times. Citing Supreme Court rulings as precedence, Kenyon argued that, "...public access to California preliminary hearings plays a significant positive role." Because there is no jury present at a preliminary hearing, Kenyon said, "...public scrutiny is a primary safeguard of the defendant's rights." The preliminary hearing is set for September 9. Prosecution and defense attorneys have already argued that media coverage of the high-profile case would make it difficult to conduct a fair trial. Mark Geragos, Scott Peterson's attorney, filed a motion with Judge Al Girolami to close the preliminary hearing completely, allowing neither the public nor the media to attend. Stanislaus County District Attorney Jim Brazelton has requested only that no cameras be allowed in the courtroom. Laci Peterson's parents have written to the judge, also asking that cameras be banned. Even potential witness Amber Frey, who acknowledges having had an affair with the defendant, has filed a request that her testimony not be televised. The 10-page document on behalf of the media points out that banning the press would not prevent media coverage. In fact, Kenyon writes, doing so would only fuel more speculation. "In this case a plethora of information already exists in the public domain for exploitation by the news media whose efforts to observe the preliminary hearing the defense is attempting to frustrate. The defendant cannot show that the requested closure would be effective to prevent the speculative harm that he fears," the motion said. "The media are free to revisit their prior coverage and to speculate on the basis for this motion." Kenyon also cites numerous high-profile cases in California where preliminary hearings were kept open, including the Polly Klaas murder case, the Unabomber trial, and the lengthy O.J. Simpson proceedings. Girolami has set a court hearing for August 14 to consider how much, if any, media access will be allowed. In previous hearings in the case, he has allowed videotaped coverage, but no live broadcasts from the courtroom. HOME INDEX LACI SCOTT TRIAL NEWS AMBER EVIDENCE-NEWS JURORS NEWS INDEX |
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