Hearing scheduled on media request to open records in Anaconda murder case

By MIKE DENNISON

ANACONDA -- An April 30 court hearing is scheduled here on whether to unseal key charging documents in the quadruple-murder case of Michael P. Brown, who is accused of fatally shooting four patrons at an Anaconda bar last summer.

Reporters covering the case and an expert on the effects of publicity on a fair trial are expected to testify, in support of the request by a coalition of Montana media organizations to unseal the documents.

Presiding District Court Judge Jeff DaHood ordered the hearing after the Montana Supreme Court overruled his earlier ruling denying the media coalition’s request to be heard on the issue.

The high court, in a 5-0 ruling March 24, said DaHood made “a mistake of law” when he did not consult with the media or conduct a hearing on whether to seal the records, as required by law and court precedent.

DaHood, at the request of prosecutors and Brown’s defense, has sealed details that support the charging documents, as well information on state evidence in the case. The prosecution and defense said the documents should be sealed to protect Brown’s right to a fair trial.

The media coalition has objected and filed suit, arguing that these records in a criminal case are public records that should be open.

Expected to testify on the media’ behalf April 30 is Jon Bruschke, a professor of human communication studies from California State University-Fullerton.

Bruschke has studied the effect of pretrial publicity on criminal trials. He argues that such publicity makes little difference in the outcome of an eventual trial.

State law says a judge can close pre-trial criminal hearings or records only if information from those proceedings “would create a clear and present danger to the fairness of the trial” and only if the effect on trial fairness “cannot be avoided by any reasonable, alternative means.”

But the law also says the judge shall “seek the voluntary cooperation of the news media in delaying dissemination of potentially prejudicial information.”

The Supreme Court said in its March 24 order that it has established “mandatory procedures” that must be followed before criminal-case court records are sealed, including consultation with the media, a hearing on whether alternatives exist to sealing the records, and specific findings that any sealing of documents meets legal requirements.

Brown’s case garnered national media attention, as he fled the scene of the shooting at the Owl Bar in Anaconda and eluded capture for a week.

Shortly after Brown’s arrest, prosecutors and Brown’s defense lawyers asked DaHood to seal multiple records in the case, including affidavits supporting charging documents and discovery-related material. DaHood agreed.

The media coalition filed suit, saying the documents should be open and that proper procedure hadn’t been followed. DaHood rejected the request and the coalition asked the Montana Supreme Court to intervene.

The media coalition includes the Montana Newspaper Association, the Montana Free Press, the Montana Broadcasters Association, Lee Enterprises, the Daily Montanan and the Montana Freedom of Information Coalition.

The Reporters Committee for Freedom of the Press also is working on the case.

Mike Dennison is president of the Montana Freedom of Information Coalition