Criminal Court Judge Amanda Dunn said she would not ban reporter David Tulis from covering a trial that starts Tuesday, but she said she would monitor conduct during the case.
She said, "If there are any efforts made by any individual to personally speak with a potential juror or otherwise influence the jury panel in this case, the Court will issue an order to prevent further conduct, potentially including criminal contempt."
District Attorney Coty Wamp had asked that Mr. Tulis be banned from the Courts Building during the trial of plumber Ray Rzeplinski, calling him "disruptive." Mr. Tulis had written a number of articles in support of the defendant.
Judge Dunn said, "When there is an open, public trial, the media has an absolute right to publish any information that is disseminated during the course of the trial."
She said, "As the Court reads the multitudes of state and federal cases addressing the right of the media to be present in the courtroom, it is apparent that a prohibition on reporting what takes place inside a courtroom constitutes a prior restraint in violation of the First Amendment to the United States Constitution. Courtrooms must remain open to the media, even if the reporting may be biased or potentially unfair to one party or the other, in order to ensure that constitutional rights to a public trial and freedom of the process are honored."
She stated, "Mr. Tulis has appeared in the Second Division of Criminal Court on more than one occasion. To date, he has never disrupted a court proceeding and the Court expects he will continue to maintain decorum during the trial in question. As a member of the media, Mr. Tulis has a right to report the events of the trial, and therefore the Court declines to prevent him from attending trial in this case."
Judge Dunn also ruled, "The Court respectfully disagrees with the State that Mr. Tulis's use of his media platforms to promote jury nullification in this case constitutes improper influence of a juror."
Rzeplinski is charged with being a felon in possession of a firearm, reckless endangerment, resisting arrest, possession of a prohibited weapon, resisting arrest, and possession of a firearm with a conviction of a prior violent felony.