FROM: District Judge Thomas Moorhead

Aug. 25, 2004

TO: Members of the Media

FROM: District Judge Thomas Moorhead

Karen Salaz, SCAO

RE: Jury selection and trial logistics information; Aug. 26 hearing expanded

Fourth Amended Decorum Order – issued July 23, 2004

The media is reminded that all provisions of the Fourth Amended Decorum Order remain in full force and effect. The Order is available at http://www.courts.state.co.us/exec/media/eagle/07-04/DecorumOrder.pdf. It is the responsibility of each member of the media to read and fully comply with all provisions of the Fourth Amended Decorum Order. Failure to do so can result in being barred from the proceedings and potentially revocation of credentials.

Aug. 26, 2004 pretrial hearing expanded

Due to recent filings, the in camera hearing scheduled for 10:00 a.m. has been expanded to include discovery issues to be discussed in open court. Because of the short notice, we will be opening the seats on a first come basis for this hearing which will begin with the open proceedings. There will be no cameras in the hallway or auxiliary listening/viewing facility available. Wandings will be conducted at the door of the courtroom. Only counsel will be present for this hearing.

Credentials

All members of the media must prominently display their photo credentials at all times when on the Justice Center grounds. The deadline for submitting media credential applications was Aug. 16, 2004, as announced and posted in early May. No credentials will be issued to members of the media who did not meet this deadline.

Credentials are available for pick up each morning in front of the Justice Center beginning at 7:00 a.m. on Aug. 27, 2004, through the morning of opening statements. Thereafter they will be available at 7:45 a.m. in the same location each morning on days when proceedings are scheduled. You must present a state-issued photo identification to receive your credential. Credentials are valid for the duration of the proceedings in this case. Any lost or forgotten credentials will not be replaced.

Credentials alone do not provide access to the courthouse. You must have both a courtroom pass and credential to go through security.

Preassigned media passes

One pass for each of the media’s preassigned seats in the courtroom, as determined by the Media Consortium and submitted to the State Court Administrator’s Office, will be distributed on the day of opening statements. These laminated passes will be valid for the duration of the proceeding. No replacements for lost or forgotten passes will be available. Open seats will be filled via lottery conducted by the State Court Administrator’s Office in conjunction with the Media Consortium Coordinator.

Daily rotational media passes

Members of the media not representing news organizations already occupying one of the preassigned seats in the courtroom may each morning drop a card into one of two boxes located in front of the Justice Center where the public’s daily passes are being distributed.

One box will be designated for print media who are members of the Consortium for the daily drawing for the one rotational seat in the courtroom as designated by the Media Consortium print media delegation. Consortium membership status must be clearly marked on the cards placed in the box. Members of the media claiming this pass must have a valid Media Consortium sticker affixed to their photo credential to receive this one pass.

The second box will be for all other credentialed members of the media, regardless of Consortium membership, for the daily drawing for any potentially open public seats in the courtroom and public seats in the auxiliary listening/viewing facility not claimed by members of the general public. The Consortium member cards not drawn for the print media seat will be combined with those in the second box for this drawing.

Seat assignments in Consortium’s seats in the auxiliary listening trailers will be handled by the Consortium coordinator. The Consortium will have 17 seats for Consortium members in the trailer located on the Justice Center grounds and a secondary trailer located in the Gallegos lot in which all seats will be allocated to Consortium members as the Consortium is bearing the costs of providing this additional listening facility.

Those whose cards are drawn must be present at 8:00 a.m. to claim the pass as another will be immediately drawn to facilitate expeditious seating in the courtroom as required by the sheriff’s office.

Members of the Media Consortium do have priority in occupying the media seats in the auxiliary listening facilities as they bear the expenses of providing both the trailer and the secure feeds. Consortium and non Consortium members of the media would be eligible for the unclaimed general public seats in the listening trailer located on the Justice Center grounds.

Public passes

Public passes will be available each morning of the proceedings after a jury is seated in front of the Justice Center on a first come basis from 7:45-8:00 a.m. Passes not claimed by the general public by 8:00 will be placed in the lottery for members of the media. Half of the seats in the listening trailer on county property (approximately 17 seats) will be available to the public. These will be made available on a first come basis. The county will provide 37 chairs (the maximum allowed by the fire authority) in trailer located on the Justice Center grounds.

Auxiliary listening facilities

Upon the discretion of the media, the Court will allow the secure audio feed to the two listening trailers (one on the Justice Center grounds and one in the Gallegos Lot) to be expanded to secure audio/video at the media’s expense. If the media decides to expand the feed to secure audio/video, a plan must be presented to Judge Moorhead via Karen Salaz by Wednesday, Sept. 1, 2004, for approval to ensure security issues are addressed. All related expenses of providing the secure feed must be born by the media.

Electronic equipment in Justice Center and auxiliary listening facilities

No electronic equipment or devices will be allowed in either auxiliary secure listening facility. This includes but is not limited to all items outlined in the Fourth Amended Decorum Order. The sheriff’s office or sheriff’s office representatives will be conducting wandings at the door of the two auxiliary listening facilities.

Jury selection

No cameras, pool or otherwise, will be allowed in the hallway of the Justice Center beginning Friday, Aug. 27, 2004, until a jury is selected. Members of the media will not be allowed in the Justice Center. Courtroom seating passes will not be available until the first day of opening statements. Credentials alone do not provide access to the courthouse. You must have both a courtroom pass and credential to go through security.

Secure sound will be provided in the listening facility located on the Justice Center grounds during open court voir dire. The status of the availability of a second secure audio facility located on the Gallegos lot for Consortium members during voir dire will be dependent upon the Consortium’s ability to have a trailer on site that quickly. You are reminded that that all provisions of the Fourth Amended Decorum Order remain in full force and effect in all listening facilities and during all proceedings including jury selection.

Photographer’s bullpen

Stanchions located on the Justice Center lawn clearly designate where photographers, still and video, may be located. NO photographers, video or still, may be in the area designated for the public at any time.

Photographing alleged victim in the Justice Center hallway

The decision as to whether the alleged victim should or should not be photographed and whether such photographs should or should not be distributed via the hallway pool cameras is at the discretion of the media. The decision to use these shots or footage is up to the judgment of each individual media entity.

Work tent located on Justice Center grounds

Eagle County will be providing a work tent for the media on the Justice Center grounds. All members of the media who want to use the facility are responsible for running their own phone lines into the tent. Tables, chairs and electricity will be provided by the county. One phone line will be available to the computer provided by the county. Reporters may utilize the computer for up to 15 minutes at a time. The line running to this computer is not to be disconnected at anytime. The county will provide two portable johns which will be located behind the tent.

Parking
Both the main parking lot in front of the Justice Center and Annex Overflow Parking Lot east of the Center will be reserved for jurors and members of the public conducting business with the courts during the jury selection process. The media will be allowed to park on Chambers Ave. as directed by law enforcement officers during this time. Officers will be on Chambers directing traffic. All persons staying in the motels on Chambers Ave. are strongly encouraged to walk the couple blocks to the Justice Center at least on Aug. 27 and 30.

We will have an officer stationed at the Cross Walk Barricade located at the west entrance to the Justice Center making contact with all vehicles as they approach the crosswalk. Officers will inquire and determine if they are prospective jurors, media or general public with business at the Justice Center.

§  Prospective jurors will be provided with a map and sent to the parking lot behind the District Attorney’s Office.

§  Members of the media will be sent to the Gallegos Lot or the designated parking area on Chambers and provide them with a map.

§  Members of the general public with business at the Justice Center will be directed to the public lot in front of the Justice Center until it fills and then to the designated parking area on Chambers Ave. as needed.

Juror questions

Judge Ruckriegle will allow jurors to initiate questions during the trial. Jurors will be instructed on how the process works once the panel is selected. A press release on the process is available at http://www.courts.state.co.us/exec/media/pressrelease/jury_questions7-04.doc .

Number of jurors

There will be 12 jurors along with 2 alternates selected to serve on the jury panel.

Juror questionnaire

Updated information: A copy of the juror questionnaire will be posted on the documents page of the website at 8:30 Monday, Aug. 30, 2004.

Courtroom artist

A courtroom artist will be present in the courtroom during open proceedings. The Media Consortium will distribute the sketches through the pool.

Please see the previous memos if you have additional questions:

http://www.courts.state.co.us/exec/media/eagle/seating/logistics.htm