In a first, Evansville news media broadcast murder trial from courtroom

EVANSVILLE — Elizabeth Fox-Doerr’s ongoing murder trial for the killing of her husband, veteran Evansville firefighter Robert F. Doerr II, is the first criminal trial in Vanderburgh County to include live coverage by television news media since the Indiana Supreme Court overturned a rule barring cameras inside courtrooms last year.

And so far, there haven’t been any hiccups to speak of.

On Monday afternoon, just as Vanderburgh County Superior Court Judge Robert Pigman prepared to read jurors their preliminary instructions, he addressed the elephant in the courtroom: a camera affixed to a beefy tripod just feet away from the jury box.

"I have authorized the broadcast of this trial," Pigman said. "If at any time I get any sense that the presence of the media is a distraction, I will pull the plug."

More: Elizabeth Fox-Doerr's murder trial begins with opening arguments

Pigman went on to inform jurors they would not be recorded or otherwise broadcast by television reporters. The 12 members of the jury and two alternate jurors appeared unfazed.

The Vanderburgh County Prosecutor's Office contends that Fox-Doerr, 52, conspired with an alleged lover to kill Doerr outside the home they shared on Evansville's North Side on Feb. 26, 2019.

Diana Moers, the county's elected prosecutor, told jurors Monday that 46-year-old Larry Richmond Sr. shot and killed Doerr at Fox-Doerr's request on the evening of Feb. 26, 2019. Fox-Doerr has pleaded not guilty to aiding, inducing or causing murder and conspiracy to commit murder, both of which are Level 1 felonies.

Last year, the Indiana Supreme Court ruled that reporters could record, photograph or otherwise broadcast criminal trials, civil hearings and most other non-confidential court sessions — assuming the presiding judge allowed it.

That rule change came after five judges participated in a statewide pilot program to explore how Indiana could implement the addition of news media cameras inside courtrooms. Judge Leslie Shively, chief judge of the Vanderburgh County Superior Court, participated in that pilot program and has been a longtime advocate for increased transparency within Indiana’s courts.

“The more transparent the court can be without jeopardizing the rights of parties, and while ensuring that parties get the right to a fair trial … I think the more the general public will know about how courts operate,” Shively told the Courier & Press last year. “I think it’s very positive.”

While Vanderburgh County judges have had broad discretion to permit the broadcast of court proceedings since May 1, 2023, Fox-Doerr's trial is the first to feature live television coverage from inside a Vanderburgh County courtroom — despite more than a dozen attempts by local television stations and media outlets to gain similar access during prior trials.

Shively told local NBC affiliate WFIE last week that Fox-Doerr’s trial constituted a particularly good place to start because the prosecutors, defense attorneys and the presiding judge are some of the region’s most experienced.

“He knows how things should work,” Shively said of Pigman. “And he is also very strong on the rules.”

In an “Order Regarding Broadcasting,” Pigman on April 25 laid out a set of standards reporters must follow at Fox-Doerr’s trial, including an order to “conduct themselves in a dignified and professional manner” and an order stating that “media must pool their resources.”

Only one camera − and one audio system − are allowed in the courtroom at any given time, under Pigman’s ruling. Additional rules govern what that equipment can capture and when footage can be broadcast.

From the outset of Fox-Doerr’s trial on Monday, WFIE's Brian Cissell operated the camera on behalf of his station and others that had requested access to broadcast the trial, including national media networks such as CBS News.

As Moers prepared to present the state’s opening argument Monday afternoon, Cissell could be seen tracking her closely with his camera, which he said was connected to live broadcasting equipment that could stream the footage back to his station and others.

For the first time, Vanderburgh County residents not present inside a courtroom could watch the opening portions of a criminal trial live, a level of transparency that is not uncommon in other U.S. states.

Cissell told the Courier & Press he was allowed to broadcast non-evidentiary portions of the trial live on air, including opening and closing arguments, and the rendering of a verdict. He is permitted to record witness testimony on a 30-minute tape delay, Cissell said, and Pigman has broad discretion to control how and when that footage is published.

“The court may, from time to time, find that limitations on the news media’s broadcasting of the trial needs to be restricted to preserve each party’s right to a fair trial,” Pigman wrote in his April 25 ruling. “Such restrictions will be imposed at the sole discretion of the court.”

Houston Harwood may be contacted at houston.harwood@courierpress.com

This article originally appeared on Evansville Courier & Press: Evansville news media broadcast Fox-Doerr murder trial from courtroom