Montana media win significant victory, as prosecutors agree to unseal records in Anaconda murder case

April 28, 2026

HELENA, Mont. – In a significant victory for open records and Montana media organizations, a state judge Tuesday ordered the unsealing of nearly all charging documents in a high-profile Anaconda murder case.

The order by District Court Judge Jeffrey DaHood says records in the Michael P. Brown case will be unsealed May 8, giving attorneys time to notify relatives of the four victims in the fatal shooting at an Anaconda bar last summer.

A coalition of Montana media organizations sued in January to unseal the records, arguing that state law and the state constitution required those records be public.

Under order of the Montana Supreme Court, DaHood had scheduled a hearing this Thursday on whether to unseal the records. The judge had sealed the records last fall at the request of prosecutors, who said public dissemination of the information could jeopardize Brown’s right to a fair trial.

But in a meeting with media lawyers last week, attorneys for the state and Brown reversed course, and offered to unseal all records in the case – except a mental evaluation of Brown.

The media coalition agreed and prosecutors then filed a motion Tuesday to unseal the documents. DaHood quickly approved it and the Thursday hearing was canceled.

“We’re glad the prosecution and defense in the Brown case recognized that the law, the state constitution and legal precedent in Montana demand that, with few exceptions, court documents in criminal cases are open to the public,” said Mike Dennison, president of the Montana Freedom of Information Coalition. “We also hope this outcome serves as a message to prosecutors, defense counsel and judges across the state that, in Montana, these documents are public documents.”

The media coalition that filed suit to open the documents includes the Montana Newspaper Association, the Montana Free Press, the Montana Broadcasters Association, Lee Enterprises, the Daily Montanan and the Montana FOI Coalition.

The Reporters Committee for Freedom of the Press also assisted on the lawsuit.

Brown is charged with four counts of deliberate homicide, accused of fatally shooting four patrons at the Owl Bar in Anaconda on Aug. 1, 2025. The case garnered national media attention, as Brown eluded capture for a week, fleeing into the mountains near Anaconda. 

Shortly after the shooting, state and local prosecutors filed charges against Brown and asked DaHood to seal all records in the case – a highly unusual move in a criminal case in Montana.

DaHood agreed to seal the records and later modified his order, at the request of the state, sealing all documents except for the actual charges. Documents under seal included details supporting the charges, information on state evidence in the case, and the mental evaluation of Brown.

The media coalition filed suit in January, arguing that DaHood and prosecutors had ignored a state law that says media must be consulted before records can be sealed in a criminal case.

The coalition also said the records should be open and that no evidence had been presented to show that disclosure of the records would jeopardize Brown’s right to a fair trial. It asked the judge to hold a hearing on whether the records should be open.

DaHood quickly rejected the request. The media coalition then asked the Montana Supreme Court to intervene.

On March 24, in a 5-0 ruling, the state Supreme Court 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.

The high court said if the state still seeks closure of the documents, a hearing must be held before the judge, with the media allowed to present evidence on why the records should be open.

DaHood had scheduled that hearing for April 30 – before prosecutors decided last week that they no longer would insist the records be closed.

The media coalition had been preparing to present testimony from 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.

 Contact: Mike Dennison, president, MT FOI Coalition

mikedennison5@gmail.com (406) 465-7476