Karen Salaz, Office of the State Court Administrator

July 15, 2004

TO:Members of the Media

FROM:District Judge Tom Moorhead

RE:Proceeding on July 19, 2004

Proceeding:Motions and Pretrial Matters Hearing/Bond Appearance

Presiding judge: Judge Terry Ruckriegle

Time: 8:30 a.m.Monday, July 19, 2004

Anticipated length: One day

Place: EagleCountyJusticeCenter, Courtroom 1

Deadlines for submitting media credential applications: The deadline for submitting applications for the July 19 proceedingwas 5:00 p.m. Wednesday, July 14 as you were notified last week.The deadline for submitting media credential applications for the trial is Aug. 16, 2004. No credentials will be issued to members of the media who do not meet this deadline. Additionalinformation is available below.

Notice of hearing: A copy of the scheduling order is available at:

The media is reminded that all provisions of the Third Amended Decorum Order remain in full force and effect. The Order is available at . 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: The courtroom will be open for the opening portions of this proceeding however no cameras will be allowed. 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 We will be available beginning at 2:00 p.m. on Sunday to run cable into the courthouse hallway and out to the trailer. We anticipate open proceedings beginning at 8:30 a.m. and running through the morning, possibly into the afternoon. The remainder of the proceeding will be conducted in closed court.

Media passes: Each of the 25 media courtroom passes must have one designee assigned to pick up the one-day pass. Passes can be picked up Monday morning beginning 60 minutes (7:30 a.m.) prior to the proceeding in front of the JusticeCenter. Each designee must present a court-issued photo credential to receive the pass. Only photo credentialed members of the media with passes will be allowed in the JusticeCenter at anytime during the proceeding.

All media passes not picked up 30 minutes prior to the start of the open 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, and your news organization does not already have a pass, please provide your name and affiliate to Karen Salaz Monday morning. All passes and photo credentials will be distributed in the grassy area near the still camera bullpen.

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 JusticeCenter will be cleared for the remainder of the proceeding.

Public passes: Public passes will be available beginning at 7:30 a.m. Monday morning in front of the JusticeCenter. Members of the public may pick up their passes 60 minutes prior to the start of the open proceedings. 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 be available in the auxiliary listening trailer when court is conducting open proceedings. All rules and restrictions applicable to the main courtroom, as stated in the Third Amended Decorum Order, are in full force and effect in the auxiliary listening trailer during proceedings.ALL electronic devices whether turned on or off are prohibited inside the trailer. Random wandings will be conducted by sheriff’s deputies. Half of the trailer will be reserved for the media and half for the public. You must provide you own chair.

Tent: Be advised as per our April 26, 2004, memo that 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 Eagle County Fair and Rodeo. The tent will be unavailable for the July 19-20, July 30 and Aug. 16 proceedings.

Photo-identification media credentials:Court-issued photo credentials must be worn by all members of the media when on the JusticeCenter grounds including in the courthouse. At the request of the sheriff’s office, the court began a formalized credentialing process for all reporters in May, which dictates that every member of the media submit the required credential application form and a jpg photo to the State Court Administrator’s Office (Karen Salaz). The application request form is available at: .

The new procedure implemented in May 2004 dictates that on the days of proceedings, members of the media will not be allowed access to the Justice Center grounds or the courthousewithout a court-issued photo 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 (if applicable), 3. audio controller seat. Any of the remaining five seats are at the discretion of the court depending upon availability).

The deadline for submitting media credential applications for the trial is Aug. 16, 2004. No credentials will be issued to members of the media who do not meet this deadline. All members of the media who do not submit applications, including jpg photos, will be restricted in their access to the JusticeCenter grounds for the duration of the proceedings including the trial.

Credentials are available for pick up on the JusticeCenter grounds beginning at 7:15 a.m.each morning on days when proceedings are scheduled. You must present a photo identification to receive your credential. Credentials are valid for the duration of the proceedings in this case. Those with seating passes in the courtroom must show both their credential and pass for entrance into the JusticeCenter. Credentials alone do not provide access to the courthouse. You must have both a courtroom pass and credential to go through security.

Photographer credentials: If you are a photographer (photographers, video camera operators andaccompanying sound operators) and have not already filled out the form e-mailed on Jan. 9, 2004, and sent it , you are now required to use the same form as the other members of the media. The form is located at one will be allowed in the photographer’s bull pen unless you are wearing a court-issued credential. Previously credentialed photographers DO NOT need to reapply on the new credential form – you are already set to go for the duration of the proceedings.

Business of the courts: There will be a substantial number of people in the courthouse on Monday conducting business and attending proceedings in other courtrooms. The media is reminded that they must be considerate of those persons trying to conduct business and make sure that they do not impede traffic at any time. We appreciate all courtesies extended to the public as they try to attend to their business during these high traffic days.

Non-seating pooling: The following are the contact persons for the various non-seating pools. Only the two camera operators (1 video, 1 still) will be given passes for the hallway.

Pool Video Distribution: NBC –Michel Brewer/Peak Uplink,cell 404-229-8377 home or
Camera positions:
Hallway/sketches - KCNC -John Montgomery - Assignment Mgr 303-830-6464
Low podium - KWGN - Ed Lozano - News Ops Mgr (KWGN) 303-901-6354
Courtroom - Court TV TBD photog. (Grace Wong 917-971-3825)
Listening trailer - Court TV to set up PA/speakers/cabling. Will provide and set up microphones/mixer/audio and video cabling between courtroom and listening trailer.

Still cameras - Ed Andrieski (AP), to coordinate

Please see April 26 memo for all of the following items:

Pool camerasTent

Reporter vehicle parkingSecurity screening

Courtroom proceduresCourtroom seating contacts

General trial information:

The trial will begin at 8:30 daily and run through 5 p.m. Monday through Friday except that the court will be closed for Labor Day.
Counsel and the judge estimate the trial, including voir dire, will last 3-4 weeks.
Counsel and the judge are hoping for opening statement on or about Sept. 7, 2004.
The questionnaires will not be mailed to jurors.
Summonsed jurors will complete questionnaires on Aug. 27, hand in the completed form and return the following Monday to begin voir dire.
The court will collect the questionnaires and duplicate them for the defense and prosecution to study over the weekend so they will be prepared to start voir dire on Monday.
A copy of a sample blank questionnaire (+/- 115 questions) will be available on the website at the end of the day on Aug. 27.
The defendant must be present during all voir dire.
The jury commissioner issued the official jury call on July 14. The call will be processed and mailed from this call. The exact date of mailing is not available.

Thank for your continued cooperation and help in making this run as smoothly as possible.