Jodi Arias Trial Update News 2014: Appeals Court Overturns Judge's Decision to Block Media From Courtroom in Death Penalty Trial
The Arizona Court of Appeals ruled in favor of the media covering Jodi Arias' sentencing trial just days after Judge Sherry Stephens blocked news outlets and the public from hearing testimony in a public courtroom.
On Thursday, Judge Stephens kicked the media and public out of the Maricopa County Superior Court without explanation just before a mystery witness took the stand. In response, a media coalition, which included The Arizona Republic and 12 News, filed an appeal in order to regain access to the trial. A three-judge panel at the state appeals court then overruled the decision and opened the courtroom to both journalists and the public on Monday, reports AZ Central.
The attorney representing the media argued that conducting a trial behind closed doors and shrouded in secrecy would set a new precedent in the U.S. legal system.
"We have just heard the risk of being kept in perpetual confusion, and darkness looms in this case unless the court steps in and enforces the first amendment rights of the press and public," said attorney David Bodney, according to Fox 10 Arizona.
He added that exclusion of the press and public violated the U.S. and Arizona Constitutions, along with the Arizona Rules of Criminal Procedure. Not only does the state and the defendant have a right to a public trial, but "it's the public's right to a fair trial," too, Bodney noted.
On the other hand, Arias' attorney countered that his witnesses don't feel comfortable testifying on behalf of Arias in public and feared for their reputations, livelihoods and lives.
"All mitigation witnesses, to the point where no viable case can be put forward, were threatened to the point they would not come forward and testify, and all defense witnesses were threatened," Kirk Nurmi said. "There are certain witnesses who feel threatened."
Because the panel granted the media a stay, Judge Stephens cannot exclude the public and the media from testimony until the Court of Appeals rules on a special action or an expedited appeal filed by the media.
Court resumed Tuesday afternoon for a hearing, where the media and public were welcomed to attend.
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