Sep 28, 2007 - 04:02:40 CDT
FARGO - A judge barred reporters Thursday from a hearing to discuss the case of a former Barnes County jailer facing a second murder trial, but later gave the defense attorney permission to talk to two reporters about a bail request.Southeast District Judge John Paulson has imposed a gag order on attorneys and sealed documents in the case of Moe Gibbs, who is charged in the death of Valley City State University student Mindy Morgenstern.
A Minot jury deadlocked 6-6 in Gibbs' first murder trial in July. A second trial is set for Oct. 22 in Bismarck.
At a court hearing Thursday, Paulson told reporters the discussion was private.
"He told us, 'I hope you have something else you're going to do today, because you're not going to be here,'" WDAY-TV reporter Alison Kluck said.
After the hearing, Paulson gave Gibbs' attorney, Jeff Bredahl, permission to tell two reporters about a bail request. The Forum and KVLY-TV reported that Gibbs asked to be placed on electronic home monitoring. Paulson denied the motion.
Bredahl did not return phone messages left Thursday by the Associated Press.
Jack McDonald, a Bismarck attorney who represents newspapers and broadcasters, said Thursday that closing a courtroom requires a hearing in which the judge outlines his reasons on the record.
"It appears that he's not following any of the rules," McDonald said of Paulson.
Forum Communications Co. has filed a motion to challenge the gag order and Paulson's decision to seal records, saying the public should have access to such things as jury selection, completed jury questionnaires, trial exhibits and court proceedings, including discussions with jurors during deliberations.
Public access to court proceedings "is kind of the cornerstone of our criminal process," Forum attorney Steve Johnson said.
A hearing on the motion has been scheduled for Oct. 19.
Paulson's June 11 gag order bars people involved in the case from giving an opinion, attitude or judgment outside the courtroom.
Forum Communications Co. owns four daily newspapers in North Dakota, including the Forum, and TV stations WDAY and WDAZ.
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