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He likewise requested the video be sealed until the prosecution's entire case against Alissa is finished. Bakke granted the request, which was not opposed by Alissa's public defenders, in a one-line order on July 26. That order, Zansberg said, is in "clear violation" of a new rule put in place by the Colorado Supreme Court this year that governs when judges can reduce court records from public review.
"So that does not satisfy the rule," Zansberg said of Bakke's one-line order. He added that to seal a record, judges must likewise find that just redacting parts of the record like by blurring faces or cutting some video is not adequate. Dougherty decreased to comment through spokeswoman Shannon Carbone, who said in an e-mail that both the DA's workplace and the court "remain in complete compliance with the guideline of law," which the preliminary hearing and trial are both available to the general public.
"And typically the prosecution and the defense will team up to keep that from happening. The prosecution because they do not desire a modification of venue, and the defense due to the fact that they do not desire anybody to know what a (jerk) their client is." When Learn More Here prosecuted the 2012 Aurora cinema mass shooting, his workplace asked the judge to obstruct the general public's view to gruesome criminal offense scene and autopsy photos throughout trial.
"As much as the Court comprehends and respects the member of the family' desire for personal privacy, under the law, this is not a compelling and overriding interest that outweighs the defendant's constitutional right to a public trial or the public's and the media's right of access to open proceedings," he composed at the time.
The general public's right to understand isn't "unqualified," Brauchler said. "If it were more than this piece of proof, I 'd state 'OK, every single piece they avoid the public at this stage I 'd be a bit more concerned about if they ask the judge to rely on it for the likely cause finding,'" he stated.
"Were the courts to countenance this type of 'end run' around the general public's right to participate in judicial proceedings," he stated, "(it) would make an utter mockery of that constitutional right." This story has been updated to note that a spokeswoman for the district attorney's office said the video will be shown during a minimum of one future court proceeding.