Karen Salaz, Office of the State Court Administrator

April 19, 2004

TO: Members of the Media FROM: District Judge Tom Moorhead Karen Salaz, Office of the State Court Administrator RE: April 26-28, 2004, Proceedings

Proceeding: Motions Hearing/Bond Appearance Presiding judge: Judge Terry Ruckriegle Time: 8:30 a.m. Monday, April 26, 2004 Date: Monday-Wednesday, April 26-28, 2004 Place: Eagle County Justice Center, Courtroom 1 Length of the proceeding: Three days Notice of hearing: Proceedings will begin in camera on items No. 1 and 2 below. These hearings are anticipated to take a minimum of 2-2.5 days. If time allows moving to No. 3-7, we anticipate being able to provide an update at the lunch break on the 27th to allow time to run secure audio to the listening trailer. April 26-28, 8:30: 1. Continuation of Rape Shield Evidentiary Hearing with presentation of witnesses in camera. Closing Argument may be permitted if time allows. 2. Continuation of Hearing on Defendant’s Motions to Suppress in camera. Closing argument may be permitted if time allows. April 28, 1:30: 3. Report on Status of DNA testing. 4. Hearing on Victim’s Request for “Swift Resolution” of Pending Motions and Request for Trial and the People’s Motion for Entry of Plea. 5. Hearing on Defendant’s Motion for Discovery and Brady Material. 6. Hearing on People’s Motion to Quash Subpoena Duces Tecum and to Adopt Procedural Requirements. 7. Scheduling of future proceedings.

The media is reminded that all provisions of the Third Amended Decorum Order remain in full force and effect. The Order is available at http://www.courts.state.co.us/exec/media/eagle/03- 04/amend_decorum_order_3.pdf . It is the responsibility of each member of the media to read and fully comply with all provisions of the Third Amended Decorum Order. Failure to do so can result in being barred from the proceedings.

Expanded media: There will be no cameras in the courtroom for these proceedings. The presence of expanded media coverage in Colorado courtrooms is controlled by strict standards spelled out in Canon 3A(8) of the Colorado Code of Judicial Conduct effective Dec. 1, 1985. The full Canon is available at http://www.courts.state.co.us/exec/media/eagle/req_expanded_coverage.doc .

Pool cameras: The pool video and still camera positions will be available in the hallway. The media is reminded that audio recording/transmission from the hallway location IS NOT allowed as a provision of the Third Amended Decorum Order and must operate with no sound transmission or it will be removed. One pool video location is also available in the bull pen with the still cameras and one in the podium area on the west lawn. The area adjacent to the bull pen marked “Public” must remain open for the public as established last summer. Chris Yuhas will be available at the Justice Center on Sunday, April 25 at 1 p.m. to allow for placement of the hallway pool camera. Karen will be arriving later that afternoon.

Access to the west lawn podium area for interviews is specifically limited to parties of record in the case, Eagle County, the Town of Eagle, the sheriff’s office and the court. The court also agrees that it is appropriate for legal analysts to be interviewed in the west lawn area. ALL other interviews of spokespersons or representatives of any type must abide by 1. (J) of the Third Amended Decorum Order: Demonstration Area. Any demonstrations and any distribution to individuals of literature, pamphlets, books or other written materials shall be restricted to the Demonstration Area which shall be located within the designated bounded area of the south lawn. Media passes: Each media pass must have one designee assigned to pick up the three-day pass. The passes can be picked up Monday morning beginning 90 minutes prior to the proceeding in the tent The designee must present a photo identification to receive the pass. Any problems in making the pool transition process will be addressed by the consortium. Only members of the media with passes will be allowed in the Justice Center at anytime during the three days of proceedings. All media passes not picked up 45 minutes prior (by 7:45 a.m.) to the proceeding will be redistributed via a lottery of those news organizations present not already holding passes.

If you want to be considered for one of the lottery passes your news organization must not already have a pass and you must give me a business card prior to 7:45 a.m. on the 26th.

Be advised that should the noise level rise to where it impacts the court proceedings, the hallway will be cleared without further warning. The first indication of a problem from the judge will require court personnel and the sheriff’s office to immediately clear the hallway for the remainder of the proceedings. Also be advised that if at any point those holding passes in any way obstruct the doors or hallway passage, the Justice Center will be cleared for the reminder of the proceedings.

Public passes: We will not know until after the lunch break on the 27th if there is even a possibility there will be any open proceedings on the 28th. The passes may be distributed in anticipation there will be open court, however this is in no way a guarantee the proceedings will get to this point on that date. Members of the public may pick up their passes beginning at 10:00 a.m. on the 28th in the tent. Any public passes still available 30 minutes prior to a proceeding will be distributed to the media based upon news organizations present not already represented in the courtroom.

Auxiliary listening room: Secure sound feed will potentially be available in the auxiliary listening trailer for the final portion of this proceeding if time allows the court to hear the motion for the request for a plea. All rules and restrictions applicable to the main courtroom, as stated in the Third Amended Decorum Order, are applicable in the auxiliary listening trailer. Half of the trailer will be reserved for the media and half for the public. You must provide you own chairs. Once the determination has been made by the court at the lunch break on the 27th as to the potential of an open proceeding taking place at some point on the 28th, we will begin implementing a plan already in place with CourtTV for sound to be run from the courtroom to the auxiliary trailer. Even if the court determines there is a potential for open proceedings on the 28th, this is no guarantee they will actually reach this point.

Tent: Eagle County has agreed to provide the tent for the remainder of the proceedings or until such time as the County needs it for regularly scheduled events, such as Fourth of July and Eagle County Fair and Rodeo (July 31 – Aug 8). The phone lines are still in place. The tent will be available two days prior to the proceedings. Each media outlet is responsible for arranging for their phone lines to be run/activated/paid in the tent. No one is to use the phone line to the county computer which is provided as a resource for all members of the media. Anyone who disconnects this line and reroutes it to their personal computer will be excluded from using the facility.

As has been the arrangement since the tent was set up for the Aug. 6, 2003, proceeding, the tent, provided by the county, is available to the public and the media. At the point the trial should begin, we anticipate returning to the same set up we had for each of the prior open court proceedings: the local television stations previously agreed to bringing in televisions for the four corners with feed provided by CourtTV (provided their expanded media coverage request is granted) for expanded viewing for anyone in the tent (media or public).

Reporter vehicle parking: Reporters should park their personal vehicles in the 160-space parking lot east of the Judicial Center. No media/reporter/photographer vehicles are to be in the main (front) parking lot of the Judicial Center. Parking in this lot is reserved for people conducting daily business with the court and

2 sheriff’s offices and is specifically restricted in the Third Amended Decorum Order. Media vehicles in this lot will be towed at the owner’s expense.

Security screening: Security screening will routinely begin one hour prior to each proceeding and will remain in effect all day. All persons who enter the courthouse will be subject to screening by the Eagle County Sheriff or his designee in accordance with the provisions set forth by the sheriff and as outlined in the Third Amended Decorum Order http://www.courts.state.co.us/exec/media/eagle/03-04/amend_decorum_order_3.pdf . Only persons holding passes will be allowed in the Justice Center. The Eagle County Sheriff, or his designee, shall have discretion as to whether a person may be admitted to the courthouse depending on the results of the screening.

Courtroom procedures: All persons holding passes must be seated in the courtroom 15 minutes prior to resumption of court. The courtroom doors will be closed 15 minutes prior to each proceeding. Those outside the doors will be denied access to the courtroom until the next natural break. There will be no exceptions. The Eagle County Sheriff, or his designee, shall have discretion as to whether a person may be admitted to the courthouse depending on the results of the screening.

No routine admittance or departure of public or media will be permitted while court is in session. If you leave the courtroom, you or another representative for your seat will not be permitted to return until the next recess. All members of the public and media must remain quiet, not comment on the proceedings, and not engage in any disruptive behavior while in the courtroom. If you attempt to leave and you are specifically instructed by a sheriff’s deputy or court personnel to return to your seat, please do so with no comment as quickly and with the least amount of disruption as possible. At the conclusion of the proceeding, members of the public and media must remain seated until the parties have exited the courtroom and a sheriff’s officer has dismissed the gallery.

Reporter credentials through May 15, 2004: If you have not already filled out the form available at http://www.courts.state.co.us/exec/media/eagle/seating/seating_request.doc and e-mailed it to [email protected] please do so immediately. All forms that have been submitted thus far are effective through May 15, 2004. All proceedings prior to that date will remain under the standing credentialing process we have had in place since August.

Media credentialing beginning May 15, 2004: At the request of the sheriff’s office, the court will begin a formalized credentialing process for all reporters beginning May 15, 2004, which dictates that every reporter and member of the media will be required to submit the required separate form and a jpg photo to the State Court Administrator’s Office (Karen Salaz). The current news organization credentialing process will become obsolete on May 15.

After May 15, on the days of proceedings, members of the media will not be allowed access to the Justice Center without a court-issued credential and pass, or be considered for any of the flex seats sometimes available in the courtroom permanently reserved for court use (eight seats: the court’s seats include 1. the pool camera organization seat, 2. courtroom artist seat, 3. audio controller seat. Any of the remaining five seats are at the discretion of the court depending upon availability). You will receive instructions and the required form the week of May 3, 2004. Previously credentialed photographers DO NOT need to reapply – you are already set to go for the duration of the proceedings. The instructions and form will be posted on the website when it is distributed via e-mail the week of May 3.

Photographer credentials: If you are a photographer (photographers, video camera operators and accompanying sound operator) and have not already filled out the form e-mailed out on Jan. 9, 2004, and e- mailed it to [email protected] please do so immediately. All forms that have been submitted thus far are effective throughout the duration of the proceedings. If you need more information please e-mail me. No one will be allowed in the photographer’s bull pen unless you are wearing a court-issued credential. I keep these in my pocket so you can catch me on the go or in the media services tent from 7:00-7:45 a.m. Monday

3 morning. If your request for a credential is submitted AFTER May 15, you will be required to use the same form as the other members of the media.

Witnesses: All witnesses who are in the courthouse will be identified with a distinctive name badge when they enter the courthouse. The name badges will serve as an indication to the media and members of the public that these people are not to be approached at any time before or after their testimony.

Non-seating pooling: The following are the contact persons for the various non-seating pools:  Still cameras: Ed Andrieski (AP), [email protected]  Audio cameras: John Montgomery [email protected]  Audio pool distribution: Shari Greenberg (ESPN), [email protected]  Courtroom artist: Ed Andrieski (AP), [email protected]. No artist is planned for these three days of proceedings.

Courtroom seating: 25 seats assigned to the media consortium Print seat allotments (13) 13 Other Print Media** Single seats ** daily drawing of two “primary” reporters 1 AP representing print news organizations in 2 Reuters attendance not already represented in the 3 Denver Post courtroom. 4 Rocky Mountain News Broadcast seat allotments (12) 5 Los Angeles Times Single seats 6 Orange County Register 1 KUSA-TV (9 News) Shared seats 2 KMGH-TV (7 News) 7 National Newspapers 3 KCNC-TV (Channel 4) New York Times 4 KWGN-TV (Channel 2) Washington Post 5 KDVR-TV (Fox 31) USA Today 6 NBC Network 8 New York Newspapers 7 ABC Network Newsday 8 CBS Network New York Post 9 Fox Network New York Daily News 10 ESPN 9, 10 Local papers 11 CNN Vail Daily Shared seats Vail Trail 12 Radio pool Daily Sentinel (Grand Junction) 11, 12 Magazines

Seating contacts: Print -- George Garties, [email protected] . Broadcast – Fidel “Butch” Montoya (Media Consortium), [email protected] Radio -- Kathy Walker (Clear Channel) [email protected] Magazine pool -- Rita Healy (Time Magazine), [email protected]

Thank you again for your continued corporation and help in making this run as smoothly as possible.