Judge refuses to lift interview ban in Yosemite murder trial
By The Associated Press
07.26.02
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SAN JOSE, Calif. — The judge in the triple-murder trial of Yosemite killer Cary Stayner refused yesterday to lift an order barring reporters from interviewing attorneys and witnesses in the hallways and entrance of the San Jose Hall of Justice.
Attorneys for several news organizations, including the Associated Press, argued against the policy, contending that it violates First Amendment press protections and 14th Amendment provisions for equal protection, since other members of the public are not governed by the order.
James Chadwick, representing the San Jose Mercury News, said courthouse steps have been considered a public forum for centuries.
But Santa Clara County Superior Court Judge Thomas Hastings showed little patience for the media lawyers' claims, saying three times the hearing had become "picayunish" and of little value, and was taking up too much time. He said interviews outside the courthouse were likely to be overheard by jurors waiting to go through security screening.
Hastings originally issued the interview ban last month. Stayner's lawyers said it had been violated, however, and claimed that jurors who saw certain witnesses interviewed might assume they were more important than witnesses who weren't questioned by reporters.
Santa Clara County's deputy counsel, David Kahn, argued that Stayner's right to a fair trial outweighed the news media's First Amendment claims. However, he urged Hastings to clarify the order and define the entrance to the courthouse to be within 25 feet of its doors.
Hastings agreed and black-and-yellow striped tape was used to mark the line.
Stayner, 40, faces the death penalty if convicted of murdering Carole Sund, 42, her daughter Juli, 15, of Eureka, and their Argentine friend Pelosso, 16, in February 1999 when they were staying at the rustic motel where he worked as a handyman outside Yosemite National Park.
Stayner already is serving a life sentence without chance of parole after pleading guilty in federal court to killing nature guide Joie Armstrong in July 1999.
News organizations have challenged several rulings by Hastings that have limited press access to the Stayner case, which was moved to San Jose because of intense publicity near Yosemite.
On July 24, California's 6th District Court of Appeal in San Jose ruled that Hastings was wrong to exclude the public and media from the start of a jury selection hearing July 15.
To make room for potential panelists during jury selection on July 15, Hastings briefly emptied the San Jose courtroom and continued court proceedings in the absence of public witnesses.
The case was brought by the Associated Press, San Francisco Chronicle and San Jose Mercury News. The news media argued that Hastings violated the public's right to access court proceedings.
The San Jose-based 6th District Court of Appeal agreed and ordered that transcripts of the proceeding be made available within five days.
Meanwhile, in another matter yesterday, Hastings ruled that the trial will proceed without a psychiatric witness Stayner's defense team claims is key to its case and unavailable to testify.
Hastings said there was no basis for the three-week delay the defense requested and told them to call a different expert.
The news media was barred from part of the hearing in which Dr. George Woods, a psychiatrist, said he couldn't testify because of a family emergency.
When the court was reopened at the request of media lawyers, an emotional Woods testified that he needs as much as two months so he can attend to his dying father in Nebraska and his wife's dying grandmother in New York.
Hastings noted that Woods presented two additional private matters in closed court that prevented him from testifying at Stayner's trial. The judge ordered those reasons sealed to protect Woods' privacy.
Defense lawyer Michael Burt said Woods wrote the definitive 34-page report on Stayner's psychiatric condition that all other expert witnesses relied upon.
The prosecution rested its case early July 24, leaving the defense on short notice to call witnesses.
Burt said he didn't expect to present evidence until mid- to late August based on the judge's comments at an earlier hearing.
But Hastings said his time estimate of the length of trial was not binding and he was unaware Woods would be called to testify.
The defense said it would need three weeks to prepare another expert. Hastings rejected that argument and said they had other witnesses who could testify.
Defense lawyer Marcia Morrissey said she would call two doctors to testify when the trial resumes July 29 and she expects to rest her case July 31.
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