First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Ark. judge refuses to open jail records in TV anchor-murder case

By The Associated Press
12.09.08

LITTLE ROCK, Ark. — A Little Rock District Court judge declined to lift an order yesterday sealing the jail records of the suspect in the death of a television anchorwoman, information that should be public under state law.

Judge Lee Munson rejected a request by the Arkansas Democrat-Gazette to open jail roster information and visitor logs for Curtis Lavelle Vance, 28, of Marianna. Vance faces a capital murder charge in the killing of Anne Pressly, an anchorwoman for Little Rock ABC affiliate KATV.

"The court hereby finds that the high level of publicity and media attention in this case threaten to destroy Mr. Vance's right to a fair trial by an impartial jury," Munson wrote in his order. The "release of Mr. Vance's jail records will irreparably compromise the ability of the defendant to obtain a fair trial and that there is no less restrictive measure by which this right can be protected."

The order comes after the judge appeared to be receptive to revising the order during a hearing yesterday morning.

Jess Askew, a lawyer representing the Arkansas Democrat-Gazette, told Munson that the state's Freedom of Information Act and case law held that such records should be public, as they did not details specifics about the police's investigation into Pressly's death.

"There's no reason, with regard to Mr. Vance's defense, to throw a blanket over the jail records and prevent access," Askew said. "This order by the court is vastly overbroad."

Precedent appears to favor Askew's argument. The Arkansas Supreme Court ruled in 1991 that arrest records and jail logs were not exempt from disclosure under the Freedom of Information Act because they aren't investigative records.

Katherine Streett, one of three public defenders representing Vance, argued that release of logs showing who visited Vance could damage his defense.

"He's locked up. The only way we can get people to talk to him is by going through the jail," Streett said.

A separate order also bars the FBI, lawyers, police, prosecutors and the state Crime Laboratory from talking to reporters.

David Bailey, managing editor at the Democrat-Gazette, said the newspaper didn't know whether it would appeal Munson's ruling. Bailey said newspaper officials planned to confer with lawyers about what options they had.

Pressly, 26, was an anchorwoman on KATV's "Daybreak" program and had a small role as a conservative commentator in the Oliver Stone movie "W." Pressly's mother, visiting from out of town at the time of the attack, found Pressly bloody and beaten a half-hour before the anchorwoman was due on air Oct. 20. The anchorwoman suffered extensive injuries to her head and upper torso.

Pressly died five days later from her injuries, never regaining consciousness.

Police worked for weeks without a named suspect until DNA collected at Pressly's home matched a sample from an unsolved April rape in Marianna, about 90 miles east of Little Rock. A Marianna detective suggested that officers investigate Vance, a suspect in several burglaries.

Vance denied being in Little Rock the day of the attack on Pressly and allowed detectives to swab a DNA sample from his saliva, according to a police affidavit. He remains held without bond, facing a capital murder charge in Pressly's death.

After his arrest, Vance simply said "no" when reporters asked if he killed Pressly. He has yet to enter a plea.

Pressly's killing, which occurred near a country club in a well-to-do neighborhood, has transfixed Arkansas' capital city. Munson held the hearing after going through a routine criminal docket of domestic violence and theft cases. Those remaining in the gallery murmured and leaned forward to hear lawyers argue over public records law after realizing it involved Pressly's death.


Update
Ark. high court asked to unseal files in TV anchor-murder case
Newspaper attorney files brief comparing judge's order closing jail logs, other records to action taken by secret English 'Star Chamber.' 12.17.08

Previous
Gag order issued in case against suspect in anchorwoman's slaying
Arkansas judge says he granted defense attorney's request 'to protect the defendant's right to a fair trial in accordance with due process of law.' 12.04.08

Related

Gag orders



News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, April 23, 2010 | 16:46:54
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links