Jan. 15, 2004

TO: Members of the Media

FROM: District Judge Tom Moorhead

Karen Salaz, Office of the State Court Administrator

RE: Jan. 23 Motions Hearing

Proceeding: Motions Hearing/Bond Appearance

Presiding judge: Judge Terry Ruckriegle

Time: 9:00 a.m.

Date: Friday, Jan. 23, 2003

Place: EagleCountyJusticeCenter, Courtroom 1

Anticipated length of the proceeding: one day

Notice of hearing: Remainder of items to be addressed on Jan. 23 will be identified after pending filings and related actions by the court regarding outstanding issues are available. To date, these items are identified: Discussion re DA’s list of S.O. employees who got derogatory T-shirts; Discussion re Defendant’s motion for discovery of clothing – cuttings were arranged to be taken with Agent Woods present; CBI Show Cause Hearing; Defendant’s motion to close hearing relating to motions to suppress statements and evidence; Victim’s request for in camera proceedings for all issues relating to victim’s medical records/privileges; Resource Center – Judge will decide 1/23 or before if an evidentiary hearing will be held re motions to quash subpoenas; North Colorado Medical Center and DA motions to quash subpoenas and Valley View’s motion for protective order, if appropriate.

The following information is being provided for your reference for the Jan. 23 proceeding.There are a number of changes to note. A new sound system in Courtroom 1 has been installed so this will hopefully solve our challenges in that room.

Expanded media: There will be no cameras in the courtroom on Jan. 23. The presence of expanded media coverage in the Colorado court system’s courtrooms is controlled by strict standards spelled out in Canon 3A(8) of the Colorado Code of Judicial Conduct effective Dec. 1, 1985. The following are excerpts from the Canon directly related to thecurrent series of pretrial hearings. The full Canon is available at

(III)“Expanded media coverage” means any photography or audio recording of proceedings.

(c)Limitations on Expanded Media Coverage. Notwithstanding an authorization to conduct expanded media coverage of a proceeding, there shall be no:

(I)Expanded media coverage of pretrial hearings in criminal cases, except advisements and arraignments;

Pool video camera requests for the hallway and front door have been approved by Judge Moorhead. Judge Ruckriegle has approved the still camera pool requests for both of those locations. Both locations have now been made permanent through approval of amendments to the decorum order.

I will be available at the JusticeCenter on Thursday, Jan. 22 if the hallway pool camera providers need any assistance. These can be set up at anytime during the day. We will be able to get into Courtroom 1 to run the audio any time after about 10:30 a.m. on Jan. 22 and Courtroom 3 any time after 1:00 for the speakers (yes, Courtroom 3 is now available for an auxiliary listening – we dodged the bullet one more time).

Courtroom artist:Courtroom artist Pat Lopez will be in the courtroom doing sketches.

Jan. 23 auxiliary courtroom listening room: Courtroom 3 will be available for use as an auxiliary listening room for this proceeding. All rules and restrictions applicable to the main courtroom, as designated by the Amended Decorum Order, are applicable in the listening room. Half of the seats will be reserved for the media and half for the public. Passes for the media seats (approximately 44) will be made available based upon first filling the remaining recorded “primary designees” for all media outlets not already represented in the main courtroom on a first-come basis. Standby passes will be given to “secondary designees” on a first-come basis for any remaining seats (including empty media and public seats). The standby passes will be available from 3-4 p.m.on Thursday afternoon and Friday morning beginning 90 minutes prior to the proceeding as designated in the next section of this memo. Passes will be available in the JusticeCenter hallway from 3-4 p.m. on Thursday and the media services tentthe morning of the proceeding from 7:30-8:15 a.m.If you want to be eligible to receive a pass or standby pass there MUST be a seating request form on file with your name on it from your news organization.

Passes

Main courtroom: Each media seat must have one designee assigned to pick up a pass between3-4 p.m. on Jan. 22 in the JusticeCenter hallway from Karen Salaz. As the designee, you will be responsible for picking up the pass and coordinating the rotation for that seat throughout the day. This DOES NOT need to be the reporter who first fills the seat;however,photo identification is necessary to receive the pass. If you are in the main courtroom, please forward the name of your designee to by 4:00 p.m.on Wednesday, Jan. 21. Only one pass per seat will be available per day so you will need to coordinate with others in your “pool” (outlined below) to share the pass.Any problems in making the pool transition process will be addressed by the Consortium prior to the next proceeding.

Those who cannot pick up their passes at the time designated on the day prior to the proceeding can pick them up beginning 90 minutes prior to the proceeding in the media services tent, a minimum of 45 minutes prior to the beginning of the proceeding. (Example: if it is a 9:00 a.m. proceeding, passes must be picked up from 7:30-8:15 a.m.). All passes not picked up 45 minutes prior (by8:15) to the proceeding will be redistributed via a lottery of those news organizations present not already represented in the courtroom. Each seat in the main courtroom will have two names drawn to establish a rotation for the day. The first name drawn will coordinate that seat’s pool. The remaining would have a seat in the auxiliary courtroom to use when not in the main courtroom.

If you are one of the following organizations, I need to know the ONE name per seat of the person designated to pick up the pass.

National Newspapers (1 seat: New York Times, Washington Post, USA Today)

New York Newspapers (1 seat: Newsday, New York Post, New York Daily News)

Local papers (2 seats: Vail Daily, Vail Trail, Grand Junction Daily Sentinel)

Magazines (2 seats)

Radio (1 seat)

Auxiliary listening room: “Primary” (as indicated on your seating request form on file) designees,not in the main courtroom,will be able to pick up their passes, numbered on a first-come basis,from 3-4 p.m. on Thursday afternoon in the Justice Center hallway and Friday morning beginning 90 minutes prior to the proceeding in the media services tent. “Secondary” reporters will be given standby passes on a first-come basis during the same times. Each of the standby passes will also be numbered. Seats will be filled according to the numerical designations. We will begin filling seats not filled by “primary” with “secondary”reporters 30 minutes prior to the proceeding.

Public seats: Passes will be available 90 minutes prior to the proceeding in the media services tent. Any passes still available 30 minutes prior to the proceeding will be distributed to the media based upon the numbers designated on their passes.

Media services tent:EagleCounty has agreed to provide the media services tent for the remainder of the proceedings. The phone lines are still in place. The tent will be available three days prior to the proceeding.

Gallegos lot:EagleCounty’s agreement with the Gallegos is effective through Feb. 15, 2004. The charge for using the lot is $100/vehicle. The County has a website available where you can register and pay for a parking space. You will be able to use a credit card to register for spaces and a confirmation e-mail will be returned to you that must be posted in you vehicle front window. Individual passes must be purchased and displayed on the dashboard of every vehicle, no matter what type, parked in the lot. The website address to purchase a pass is The Consortium is responsible for ensuring that only authorized vehicles are in the lot. The following have purchased permits:

PressPass # / Assigned to: / Paid / Pass Sent
1001 / Kevin O'Connor - CBS Newspath / yes / yes
1002 / Jmontgomery - KCNC TV / yes / yes
1003 / Jmontgomery - KCNC TV / yes / yes
1004 / Kathy Walker - Clear Channel / yes / yes
1005 / Mike Howard for ESPN / yes / yes
1006 / Bruce Binns - KMGH / yes / yes
1007 / Mia Conestrari / yes / yes
1008 / Nicole Vap - 9 News / yes / yes
1009 / Elozano - KWGN TV / yes / yes
1010 / Denis King - Fox News / AMEX to Finance Dept / yes
1011 / Denis King - Fox News / AMEX to Finance Dept / yes
1012 / Mike Howard for ESPN / yes / yes

Reporter vehicle parking: Reporters should park their personal vehicles in the 160-space parking lot east of the JudicialCenter. No media/reporter/photographer vehicles are to be in the main parking lot of the JudicialCenter. Parking in this lot is specifically restricted in the Amended Decorum Order. Media vehicles in this lot will be towed at the owner’s expense. The media is reminded that all provisions of the Amended Decorum Order remain in full force and effect.

Security screening: Security screening will routinely begin one hour prior to each proceeding and will remain open all day. All persons who enter the courthouse will be subject to screening by the Eagle County Sheriff or his designee in accordance with the stipulations set forth by the sheriff and as outlined in the Amended Decorum Order issued Oct. 7, 2003 ( All persons holding passes must be seated in the courtroom 15 minutes prior to each proceeding or resumption of court following breaks as stipulated by the court. The courtroom doors will be closed 15 minutes prior to each proceeding. Those outside the doors will be denied access to the courtroom until the next natural break. There will be no exceptions. The Eagle County Sheriff, or his designee, shall have discretion as to whether a person may be admitted to the courtroom depending on the results of the screening.

Courtroom procedures: No routine admittance or departure will be permitted while court is in session. If you leave the courtroom, you or another representative for your seat will not be permitted to return until the next recess. All members of the public and media must remain quiet, not comment on the proceedings, and not engage in any disruptive behavior while in the courtroom. At the conclusion of the proceeding, members of the public and media must remain seated until the parties have exited the courtroom and a sheriff’s officer has dismissed the gallery.

Non-seating pooling: The following are the contact persons for the various pools:

Still cameras: Ed Andrieski (AP),

Audio cameras: John Montgomery (KCNC),

Audio pool distribution: CBS Network, Julie Gautier,

Courtroom artist: Ed Andrieski (AP), . Artist Pat Lopez, of Oklahoma City, has been retained to be the pool courtroom artist for the Dec 19 People v. Bryant hearing. Her fees and expenses will total around $1,500 that will be split by all outlets using her work. Those interested should forward their billing information to nd .

Reporter Credentials:If you have not already filled out the form available at and e-mailed it to please do so immediately. All forms that have been submitted thus far are effective throughout the duration of the proceedings. Only those reporters with forms filed with the State Court Administrator’s Office (Karen Salaz) will be considered for seating in the main courtroom or auxiliary listening room for each proceeding. Your seating pass will serve as your credential for the day as you enter the JusticeCenter.

Photographer Credentials: If you are a photographer (photographers, video camera operators and accompanying sound operator) and have not already filled out the form e-mailed out on Jan. 9, 2004, and e-mailed it to please do so immediately. All forms that have been submitted thus far are effective throughout the duration of the proceedings. If you need further information please e-mail me.No one will be allowed in the photographer’s bull pen unless you are wearing a credential. Credentials can be picked up in the JusticeCenter hallway between 3-4 p.m. on Jan. 22 or from 7:30-8:15 a.m. in the media services tent.I will be sending out a list of all requests we have received thus far this afternoon to confirm receipt. If you have sent in your form and picture and are not on the list, please contact me. .

Witnesses: All witnesses who are in the courthouse will be identified with a distinctive sticker when they enter the courthouse. The stickers will serve as an indication to law enforcement, court personnel, the media and members of the public that these persons are not to be approached.

Courtroom seating: All seats on left side of courtroom unless otherwise indicated by a R (r5Rs1)

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Print seat allotments (13)

Single seats

1 AP (r2s6)

2 Reuters (r3s7)

3 Denver Post (r3s6)

4 Rocky Mountain News (r3a2)

5 Los Angeles Times (r2s3)

6 Orange County Register (r3s5)

Shared seats

7 National Newspapers (r2s1)

New York Times

Washington Post

USA Today

8 New York Newspapers (r5s3/r2s7*)

Newsday

New York Post

New York Daily News

9, 10Local papers (r5s5, r5s7)

Vail Daily

Vail Trail

Daily Sentinel (Grand Junction)

11, 12Magazines (r4s3, r5s6)

13Other Print Media (r4s2)**

*alternate to r5s3 if court artist is in courtroomwhen no EMC.

** daily drawing of two “primary” reporters representing print news organizations in attendance not already represented in the courtroom. Please be prepared to provide a business card at the time you pick up auxiliary courtroom pass to be considered for this drawing.

Broadcast seat allotments (12)

Single seats

1 KUSA-TV (9 News) (r2s4)

2 KMGH-TV (7 News) (r2a2)

3 KCNC-TV (Channel 4) (r5s4)

4 KWGN-TV (Channel 2) (r4s4)

5 KDVR-TV (Fox 31) (r3s4)

6 NBC Network (r4s5)

7 ABC Network (r4s7)

8 CBS Network (r3s1)

9 Fox Network (r4s1)

10 ESPN (r2s5)

11 CNN (r3s3)

Shared seats

12 Radio pool (r4s6)

Seats added in back depending upon availability (1-8)

Court TV (pool camera org.) (r5s2)

Artist switch seat (r2s7*/r5s3)

Celebrity Justice (r5Rs1)

Pool seat(s) from all media (if available)

Audio:1 audio control (r5s1)

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Thank you again for your continued corporation and help in making this run as smoothly as possible.

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