Public barred from court at murder defendant's request
By The Associated Press,
freedomforum.org staff
09.07.02
LUVERNE, Ala. — A judge barred the public from a court appearance for a man charged with murdering six members of a rural south Alabama family, explaining that the defendant didn't want the news media to see it.
While the judge held the court proceeding in private amid tight security, the stricken Crenshaw County community prepared for public funeral services for the six victims Sept. 4 at Luverne High School.
Westley Devone Harris, 22, is charged with six counts of capital murder in an Aug. 26 shooting rampage that killed his 16-year-old girlfriend's parents, three brothers and grandmother. Authorities said they are still trying to determine a motive.
Crenshaw County District Judge William King, who held the private court session Sept. 3, said he asked for Harris' "permission" for the public to attend the proceeding, and Harris refused.
"Mr. Harris did not want you in there," King told the Montgomery Advertiser.
The meeting went on in the judge's office behind closed doors, with news reporters kept in a hallway outside. A prosecutor who was present said King informed Harris he could face the death penalty for the slayings. The judge also appointed two attorneys to defend Harris.
A news media lawyer questioned the decision to bar the public from the session.
"The initial appearance of an adult murder defendant is a judicial proceeding that should be conducted in open court," said attorney Dennis Bailey, attorney for the Alabama Press Association.
District Attorney John Andrews said he did not object to the public being kept out.
"I want to stay on the good side of the judge," he told the Advertiser.
The newspaper criticized the judge's decision in a Sept. 5 editorial: "It is the judge's decision to close or open such a hearing, and King should know that unless there is some overwhelming reason to close it, the public's right of access should be foremost. … There was absolutely no fair trial issue before the court that would justify riding roughshod over the public's right to open courts. King blew it, and he owes the public an apology."
Harris and girlfriend Janice Ball, 16, surrendered to authorities Aug. 29, accompanied by her 1½-year-old daughter.
An overflow crowd of more than 800 attended funeral services at the high school Sept. 4 for the six members of Ball's family who were shot to death: her grandmother, Mila Ruth Ball, 62; mother JoAnn Ball, 35; father Willie Hasley, 40; and brothers Jerry Ball, 18; Tony Ball, 16; and John Ball, 14.
Authorities said Janice Ball, with her baby, fled the slaying scene with Harris and did not report the killings or try to escape even though she had opportunities, but she has not been charged.
Crenshaw County Sheriff Charles West said she was still considered a witness rather than a suspect, but the investigation is continuing. She and her baby are in the care of state welfare officials.
The shootings occurred at the family's small farm in Rutledge, about 40 miles south of Montgomery.