LOUISIANA PUBLIC DEFENDER BOARD

 

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IN THE FIFTIETH JUDICIAL DISTRICT, PARISH OF PEINE DE MORT
STATE OF LOUISIANA
No. _____

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STATE OF LOUISIANA, Plaintiff
v.
JOHN CLIENT, Defendant

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ORDER

Being fully advised of the premises, it is hereby ordered and adjudged as follows:
1. The Court finds that there has been extensive, prejudicial publicity concerning this case.
2. The Court finds that this publicity, if permitted to continue, creates a severe danger that it will be impossible to secure a fair and impartial jury for the defendant in this county.
3. The Court finds that there are highly sensitive and prejudicial matters concerning this case which might be disclosed to potential jurors if no action is taken.
4. The Court finds that there exists a qualified constitutional right for the public to attend pre-trial hearings in a criminal case. However, in this instance, the Court finds that this right must be outweighed by the defendant's right to a fair trial by an impartial jury, as secured by the Sixth Amendment.
5. The Court finds that this is a case in which the prosecution has announced an intention to seek the death penalty, so that extraordinary measures must be used to preserve the defendant's right to a fair trial. Eddings v. Oklahoma, 455 U.S. 104, 118 (1982) (O'Connor, J, concurring).
6. The Court has considered other possible remedies, and finds no other measure will be sufficient to protect the right of the accused to a fair trial. As a result, a limited closure of the proceedings to the press and public is necessary to preserve the defendant's rights.
7. The Court finds that everything that occurs in the hearings will be transcribed and, as part of the record, will be made available to the press and public as soon as the jury has been sequestered.
8. The Court notes that as many members of the press as possible were notified of this hearing and given an opportunity to be present.
WHEREFORE, it is hereby ordered that the courtroom be closed to all but trial participants for the following portions of the pre-trial hearings:
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