Pre Trial Lawyers

Motion made to bar media from trial for teen accused of killing parents

Alex Crain ’s attorneys think the teen’s trial might be too hot for TV.

It could be too hot for radio and newspaper photographs, too.

Attorneys for the 14-year-old Crain, who is accused of killing his parents, Thomas and Kelly Crain, at their home last December, filed a motion in Collier Circuit Court seeking to exclude still photographic and electronic media from the pre-trial, trial, proceedings and incorporated memorandum of law. Attorneys said allowing electronic media will deny Crain’s rights to a “fair and impartial trial and due process of law.”

“We must remember, Alex is a 14-year-old boy who has been charged as an adult with the manslaughter of both his parents. There has already been extensive and pervasive pre-trial publicity, both locally and nationally, in this matter and undersigned fully expects this to continue given the high profile, tragic and horrific nature of this case,” wrote Brian Bieber, one of Crain’s attorneys. “There have been repeated televised, as well as radio, broadcast and print media statements about evidence in this case, including the disclosure of minors’ names, addresses and dates of birth.”

The motion would not bar reporters from the courtroom or from reporting on the proceedings, but would restrict photographs and electronic media.

The Florida Rules of Judicial Administration allow cameras in the courtroom, both video cameras and still cameras. The presence of cameras in the courtroom is currently subject to the judge’s discretion.

Deanna Shullman, an attorney with Tampa-based Thomas & LoCicero PL who will be representing the Daily News on any response filed, said the court should have electronic media procedures in place.

“Where the courts have discretion is allowing you through the manner and means through which electronic recording takes place,” she said.

This means, for example, a judge could order that media outlets request camera access through a specific court employee or that the judge could require a pool camera so there are not 50 cameras in the newsroom.

“But blanket exclusion is not appropriate,” she said.

Daily News Editor Phil Lewis, who was sent a copy of Bieber’s motion from the attorney, said while he appreciated the information, the Daily News oppose the motion in court.

“We are always concerned when the press’ and public access is restricted,” he said. “We’ve talked with our legal counsel and plan to oppose the motion because we believe it would needlessly block access to a public proceeding.

The California DUI Criminal Court Process » arkhamcity.org

During the time before any pre-trial hearings, a California DUI attorney will file various pre-trial motions such as a Motion to Suppress Evidence, a Motion to Dismiss, discovery motions, and other relevant motions. In some California DUI cases, there are several pre-trial hearings before a case is actually brought to trial. The entire process could take anywhere from just a couple of weeks up to several months after the arrest. Most often during this time a prosecutor will offer the suspected DUI driver a plea bargain. In some California DUI cases, accepting a plea bargain is a good idea. An experienced California DUI/DWI attorney will evaluate an individual case in order to determine if accepting a plea bargain is a good idea or not.

The final phase of the criminal court process is the trial. A California DUI trialmay be held either before a judge a bench trial or a judge and jury. At the beginning of a DUI jury trial, both the California DUI/DWI defense lawyer and the prosecutor will participate in selecting a jury. Once the jury is selected, the trial begins. DUI/DWI trials typically last several days. At the DUI trial, both the California DUI/DWI lawyer and the prosecution will examine witnesses, call experts to testify, and present any relative evidence. Once both the prosecution and the defense rests, closing arguments are heard. The judge then instructs the jury on how to apply the facts of the DUI case to the law and jury deliberation begins.

During the jury deliberation, the jurors are excused to the jury room to discuss the facts of the case. In order for a suspected California DUI offender to be convicted, all jurors must be convinced beyond a reasonable doubt that the suspected DUI offender is guilty. If the jurors can not conclude beyond a reasonable doubt that the offender is in fact guilty, then the offender will need to be acquitted of the charges heard. If the DUI offender is found guilty, then the judge will decide what the appropriate punishment which can be set by law will be. Anything can occur in a California DUI/DWI case and it is important that suspected DUI offenders have an experienced California DUI/DWI lawyer representing their interests to insure that the offender receives the best possible outcome for your dui case.

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