Judge rejects in-person public access to testimony in first Jan. 6 jury trial, cites COVID
WASHINGTON – Jury selection began Monday in preparation for the first jury trial of a Jan. 6 defendant amid strict coronavirus controls that will preclude the public and media from in-person access to testimony during the trial proceedings.
U.S. District Judge Dabney Friedrich denied a request from a coalition of media organizations for access beyond the closed-circuit transmissions streamed to designated locations outside of the courtroom during the presentation of evidence and witness testimony.
Lawyers representing the media group argued in court papers Monday that "constitutional requirements of openness and transparency are critical in any criminal trial."
The Guy Reffitt case and why it's important: A Texas man will be the first Jan. 6 defendant to face a jury. His trial could set the tone for others.
"Especially here – for the first trial arising from the Capitol riot – the Press Coalition cannot stress enough the importance of securing public confidence through contemporaneous, in-person access to the trial," the group's lawyers said.
"The Press Coalition appreciates the great efforts this Court and the other judges in this District have made during pre- trial proceedings to facilitate press and public access despite pandemic-related challenges. But even with the accommodations of media rooms, overflow courtrooms, and the facilitated release of exhibits, the First Amendment and clear Supreme Court precedent require public access to the trial courtroom itself."
The media coalition includes Gannett Co., the parent company of USA TODAY.
Friedrich, however, said the COVID-related restrictions were necessary to guard against a possible mistrial. The trial is expected last about a week.
Guy Wesley Reffitt, a 49-year-old Texas man affiliated with the paramilitary Three Percenters, is charged with obstructing Congress' certification of the 2020 election, interfering with law enforcement, two firearm-related charges and obstructing justice.
Who has been subpoenaed: Who has been subpoenaed so far by the Jan. 6 committee?
The trial is expected to serve as a template of sorts for additional trials of Jan. 6 defendants.
Finding impartial jurors to serve in a case that unfolded in the backyard of the prospective panelists already was proving a challenge.
During questioning Monday, a number of candidates voiced strong opinions about the attack, including a Capitol Hill resident who discussed the proximity to the assault and his predilection to support the prosecution.
He described the attack as "so beyond the pale of what is acceptable behavior" that it would be "difficult" for him to remain impartial.
Who's been charged in Capitol attack: See who's been charged across the U.S.
Ultimately, the man was excused at the request of Reffitt's lawyer.
Another panelist was excused after she also expressed "strong feelings" against the rioters.
"I don't think that I can be 100% impartial," she said.
This article originally appeared on USA TODAY: No in-person public access to first Jan. 6 jury trial, judge rules
