Take a deeper look at the evidence as experts discuss new developments in the case.
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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Hey guys, it's rob here. Unfortunately, pain is little wonder the weather. So hosting today's episode today, we're going. Discuss all the latest developments in reference to gag order and terror Grinstead case. If you recall a few weeks ago, the judge issued a gag order. Preventing any friends. Family law enforcement or any potential experts are witnesses from speaking about this case c The judges ruling seven, prominent media outlets join forces in filed, emotion, opposing this gag order. Last Thursday March sixteenth Judge Metal Cross, held a hearing at the courthouse. No Scylla too, the motions that were filed to lift the gag order today, we'll be hearing the audio from the courtroom, as both sides plead there this is to the judge in favour of it against the gag order. This is case evidence,
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Straight to fill APOLLO ways. Discussion you can forward to around the fifty one minute mark after listening to the courtroom, Audio Philip. Discussing his thoughts on the outcome of this proceeding. Who? see go ahead and get started. My hands while he sat down she needs make sure no, Mr Hudson was gonna be just paying. By far is that correct. I know somebody had him while ok, you can hear me Miss Johnson Ah,. You're, thinking more. When I hear what you have to say,. Rather than what I have to say, I M
Rapporteur song in informed me. Of course, nobody at this table when I read this table, what you introduce yourself. You are mine, Ok, my very gay mildly, perspiration for you this afternoon is no should find top present farewell about here with regard to the earth? motions to intervene and emotions delivered modified again over that unfortunate placed in this particular case so what I would like to do,
What have you Chinese found the motions present their arguments in this domain? Just about everything in response we have been hearing elsewhere on a draft wrong strategy. He goes further. Ok, I must say to you may begin, then Ok, fine, I will admit at the outset where I was I have ok, ok, escaping boss, defendant Ryan, Duke arrested on February 24th and charged in connection with the death.
Or ass it is How long Where is it. Her personnel and family members of the victim and the defendant. The order really ran. I think we were once again We are here today because we would ask the court to reconsider me why when we were wrong,
Justin long recognized by the Supreme Court in United States in this respect, It is with this backdrop that got orders are evaluated bully in our brief in Nebraska Press Association for the United States, right here, prior restraint, which carries a heavy presumption that gets even three schedule,
happy birthday, gag order in the pin a very high profile case in which the pastor of the House of Prayer church in internet, for vision, anyway, there must be a central element in there
why were you see any restrictions, because there is a significant risk that in those instances such an order would be overwrought prior and also a finding that there are no alternative other than together Shepherd versus Maxwell. The United States Supreme Court case was decided in the court order is a bit instructive as maybe and What Arthur
ass, the name and address they, were allowed to touch evidence and they were stations next to the jury, room or pretrial, publicity alone, beyond the fact that the trial judge had refused to change of venue motion have a future request for jury sequestration and that other alternate alternate request to closure were denied. Kevin said we can send the court order here, does not comply with the law and should be vacated for two reasons: one right, It is even see we're There must be specific finding the facts based on evidence of record regarding the possible impact of extrajudicial statement. That is not all The order contains no factual findings, there's a reason to believe that evidence was provided by the court when the order stock.
Georgia Locklear again and again, even in cases of white bread situation, the Brenner rendered. Three. Aces adverse? We must Otherwise, really no unnecessary. Now, where were we
where, you're saying I begin moreover, our ass why fire While we were being less than he, was
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audible, dot, com, slash up or text. You p, two five hundred five hundred again, that's audible, dot com, slash you p, or tax up to five hundred five hundred ah Sure I'll be. How do you know where you are
is, he said. My eyes grew in everything. That is just the problems with were weeks ago. Sorry. I think you do You didn't see or hear justice as completely. Worse than this peace process, even ass, near ass, usual Rare.
Only where there is no work. Many is true. Charles In writing. This case drew smaller. This is even more so after. Just listen, just a few lizzie. This raft of. What is it now? Lucy S, media Is that right?
now even slightly this new situation. Just more resources are now more dangerous, achieving investigations why not? not in space. Now So if anything, I think the record for the four show that this particular case, emphasizes Usually Why Now this, France, exact opposite. We are on so now I know I was rare Rostov.
The rest, much less sustaining certain is that this new strategy just longer warning record your ass what is not in this case Reasons we were worse and as a driver is dangerous Justin Ross Harris case. We all know this case has the hot car death case from Cobb County from last year. This case has not generated, and I don't think anyone can fairly say it's likely to generate anything close to level stay at my place, Drugs, sailing reject
In that case, we'll know it was requested by the parties no. Now is not the only serious, pervasive sections of challenge in the media National and that is not a record- your it can't, because it just hasn't happened here. Duck say when he had in that case of nursing duty, that you have your honor to protect the integrity of the judicial process. When only when proceedings, sir. Lost only when something is presented release. Remind me to eleven Almost certainty, substantial risk, work really
my access or stage Let me now running you just stay of east Jerusalem? What searching right here decision and the judges. Ensure orphan drew you change the dragon southward, wake up: Steely Dan Justin Ross Harris a text with case how the courts are supposed to balance the sixty minute rice that are implicated. Yeah, The EU should now
now in the ass in this case. And frankly, we had no legitimate basis at this point- to believe that Russia will ever be met. Regions do not we were navigate to reference, an ancillary issue that sounds like raise as well you understand, now, a few words well process why. Access,
access or matters not mistake. We now see we're ready where you were last work until such time such word in something of access. Your life, like birds. Are you gonna anything today and Mister Edison was chosen, as you think that you like that,
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and there is a body of law in Hindi, free rein. Got. The media has a first amendment right to gather you see yeah, yeah, such as Why there are still alive. Still on yeah. Do you agree with the statement that, because is not directed at the media, that their day less strict or lester less stringent standards,
Furthermore, see no And exist, probability or concern or in the words of public defender, I feel like what
Why what Ah, where what what instructions to the jury reasons why yours, Jurisdiction, yeah. Why they would would not be effective before the courts in Gov? miles. AJ
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information why you can. Let me handle that first, any legal objection as to why we want these. Every nine should not be admitted they are an everyday, had chanced to really look at them yet, but there appear with mayor. Enemy yours not
Miss Molly, why call Ma gee reserve ouch, unwanted middle I'll, think they re being offered for the truth, the matter so late? the volume and the extent of coverage that is has been present? it is your motion I'll give you a last chance to make a comment before we close very important see sweetheart nuclear that
In our view? a defendant is not entitled to a jury that has no knowledge of anything the matter consider. That is why the laws very clear that we are not talking about volume of coverage, in fact discovery in the fact that some people may come into a jury, pool and he's and know something about the case. Thank you, MR heads not present side ass, big ass. He does anything else. If you like
Why, Agnes, urgent action. Have I been here today or tunnel review rage, emotions and yes, actually told you that for you'd have to reiterating that you didn't de array. The motions on the breeze and not just to look at all the examples. I will take some time to do that for And now their own independent research, but hopefully within next week we will have an over there that trial with next week that sometimes weekend so open get all that time gay, ports and port by another. One thing: if I'm not mistaken, there was an order that sealed the record.
And somehow get sealed I will issue in order for the court to release that, I don't think, there's a lot out there to be honest, I think the over the water happen, file, there is not an indictment yet so I'm not sure alliance other than what we hear about today burn I will ask her to release that release. You have that I just want to say yes to opening all up, because I don't know exactly which their got feeling in my has anything else. Maybe I'll have my email address? We ve been corresponding back and forth. So contact me. If you need me, my journey and Thankee now we ve heard the entire courtroom proceedings. Let's get some Put from defence attorney and legal analysed, Philip Holloway, ok! Well, I thought we were here.
Worrying gag water modification hearing, but at the end- what we saw was the judge revealing that she done something much more remarkable she saw in order basically shunning with public out of the complete process directing that all hearings, beheld in camera. That means in her office until further or of this court. That means that Any pretrial motions, perhaps trial or even a guilty. Please could be done behind closed doors in theory, Ryan, when the judges office and stipulate too actual basis, Inner a guilty plea go off to present and we would never know what exactly happened to terror. Grinstead. This absolutely astonishing because in America we don't have closed criminal courts in two
ten, the? U S, Supreme Court, slapped downloaded, can't county judge for doing essentially the same thing, and instead in no uncertain terms that courts must make every reasonable accommodation to let the public have access to criminal trials? We don't do secret. Try miles or secret courts in America is just not how things are done. The young thing about order sealing the record. That's remark: was that it was done without any kind of evidentiary hearing. We don't even know who asked for it. Simply says it was filed February. Twenty Eightth at three p m, they which party asked for it was a both parties. Was it neither party? Was it the corn on its own that everybody acting together. If so, why you know the answers to all those things absolutely shocked by what was revealed almost by action and at the end of the hearing today, if it had been for one of these media attorney, simply saying you know, look judge while you're thinking on this,
will you just instruct your court have to release the records in the case of court records, and the judge says: oh, probably didn't notice this, but I signed in order equally ceiling it in addition, I signed in order that said, everything's gonna be done privately in secret the wording used in the order says in camera in lawyer. Talk that means in the judges office. That's not how was to work. I have never seen anything like this before in my entire life I have seen limited court closed for very specific reasons when you have very sensitive witnesses like small children, but not in a case like this, the case scenario would be? That is if this order is not overturned or vacated, that the defendant can simply go into the judges office closed the door interplay of guilty? if to a factual basis without giving any details whatsoever and glory,
spend the rest of his life in prison without the public ever knowing what happened to tear Grinstead, the public does in fact have a right to access. The courts is grounded in the first amendment, the? U S, Supreme Court has underscored that fact. In this order, simply cannot stand. I certainly hope the judge does the right thing unless it. If not, I would expect the appellate courts to do it for her what I have confirmed as of today, Monday March. The twentieth is that the judge will I include in her ruling on the gag. Were some rolling about whether or not the order to close the court will remain in place. She could I to reverse herself. She could decide double down on it and let it stand, and if that happens, It will be appeal by the media, but she indicate that she's going to address it without the knee. For further motion hearings involving evidence like what we saw less. We one thing. I would
everybody is that if they want to keep up with the most Recent news and developments is to make sure that they checked up and vanished on twitter, because that's where any breaking news will probably come? First, I'm per link, went to keep a very close eye on this and justice. Is there any new information about the court process we're gonna get? right away thanks for listening guys, don't get Mediterranean? On Monday March, twenty seventh for episode, fifteen see you soon.
Transcript generated on 2020-01-12.