Courtroom closure appealed

Link to document: 9th Circuit appeal

From the Spokesman-Review

BOISE – The Spokesman-Review has submitted notices to the parties in the Joseph Duncan case saying it will file an appeal (8/7/08) today with the 9th U.S. Circuit Court of Appeals opposing closure of the courtroom for any proceedings in Duncan’s death penalty sentencing trial.

U.S. District Judge Edward Lodge ruled Tuesday that the courtroom will be closed for the testimony of Duncan’s surviving victim, 11-year-old Shasta Groene. He’s considering a request to have her testify via closed-circuit television, so she wouldn’t be in the same room as her attacker.

Spokane attorney Duane Swinton, who represents the newspaper, said in the notice that the appeal will include an emergency motion for writ of mandamus to keep the courtroom open, and if the testimony is by closed-circuit TV, to permit the public in the courtroom while the girl testifies from another room.

From the Spokesman-Review

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