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He also requested the video be sealed until the prosecution's entire case against Alissa is finished. Bakke approved the demand, which was not opposed by Alissa's public defenders, in a one-line order on July 26. Key Reference , Zansberg stated, is in "clear violation" of a brand-new guideline put in location by the Colorado Supreme Court this year that governs when judges can suppress court records from public evaluation.
"So that does not please the guideline," Zansberg said of Bakke's one-line order. He added that to seal a record, judges need to likewise discover that merely 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 stated in an email that both the DA's office and the court "remain in full compliance with the rule of law," which the initial hearing and trial are both open up to the general public.
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"And frequently the prosecution and the defense will work together to keep that from happening. The prosecution because they do not want a change of place, and the defense because they don't want anybody to understand what a (jerk) their client is." When former 18th Judicial District Attorney George Brauchler prosecuted the 2012 Aurora cinema mass shooting, his office asked the judge to obstruct the public's view to gruesome crime scene and autopsy pictures throughout trial.
"As much as the Court comprehends and respects the member of the family' desire for privacy, under the law, this is not a compelling and overriding interest that outweighs the accused's constitutional right to a public trial or the general public's and the media's right of access to open procedures," he composed at the time.
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The public's right to know isn't "unqualified," Brauchler said. "If it were more than this piece of proof, I 'd say 'OK, every piece they avoid the general public at this stage I 'd be a little bit more concerned about if they ask the judge to count on it for the probable cause finding,'" he said.
"Were the courts to countenance this kind of 'end run' around the general public's right to attend judicial proceedings," he said, "(it) would make an utter mockery of that constitutional right." This story has been updated to note that a spokesperson for the district lawyer's office said the video will be revealed during at least one future court case.