FARGO - A judge says he will open jury interviews to reporters but is continuing a gag order in the case of a former Barnes County jailer set to face a second murder trial.
Moe Gibbs is charged in the death of Valley City State University student Mindy Morgenstern. The first trial ended with a deadlocked jury. The second trial is scheduled to begin with jury selection on Monday.
Forum Communications Co. had filed a motion to challenge a gag order and Southeast District Judge John Paulson's decision to seal records. The company said the public should have access to jury selection, completed jury questionnaires, trial exhibits and court proceedings.
Paulson had closed jury interviews in the first trial. He said Friday that he was changing his mind for the second trial, but not without some reservation.
"I think the jurors were more open and more honest in their answers when it was confidential," Paulson said in an oral ruling from the bench. "I'm backing off on that a little bit."
Paulson said his decision likely will increase the length of the trial.
The judge said keeping the gag order is important to ensure a fair trial. It prohibits participants in the case from talking to reporters.
"I don't want this case tried in the media. That's the main reason," Paulson said.
He said he would allow reporters to read jury questionnaires but not the answers given by potential jurors.
Paulson is not giving the media access to trial exhibits, though he said reporters will be allowed to photograph and videotape most exhibits during the trial.
"I can't guarantee complete coverage, but I can guarantee almost complete coverage" of the trial, the judge said.
Paulson said earlier during Friday's hearing that the defendant's right to a fair trial is more important than the media's right to information.
"The state hasn't complained about the fairness. The defense hasn't complained about the fairness," Paulson said.
Mike Andrews, an attorney for Forum Communications, said reporters should be allowed to cover jury interviews. He said the judge could clear the courtroom when sensitive information is discussed.
"There are less restrictive means than a blanket prohibition on that information which is presumptively public," Andrews said.
Barnes County prosecutor Brad Cruff said that would force the judge and lawyers to "spend more time emptying the courtroom" than interviewing jurors.
Defense attorney Dennis Fisher argued that documents should remain sealed in the case. He said reporters can get the information from the trial.
"I don't think we're trampling on anyone's First Amendment rights in this case," Fisher said.
Andrews also complained that the gag order "was overly broad." He said it allows attorneys to put people on a witness list just to prevent them from talking to reporters.
Paulson said he issued the gag order because he thought some lawyers were being too friendly to reporters.
"The place to present these things is in the courtroom," he said.
Posted in State-and-regional on Friday, October 19, 2007 7:00 pm Updated: 3:47 pm.
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