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Transcript

Tyler Robinson Preliminary Hearing (Day 6 Part 3) (10/28/26) · The Moscow Murders and More

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. In
• 0:03
  Speaker 1: this episode, we're going to dive right back in to
• 0:06
  Speaker 1: day number six of the Tyler Robinson transcript. And we
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  Speaker 1: left off with Judge Graff making a ruling. Defendant objects
• 0:16
  Speaker 1: to the court's previous order, which allowed both KUTV and
• 0:20
  Speaker 1: the Salt Lake Tribune to obtain newspapers still photography at
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  Speaker 1: the hearing. Defendant points to the extreme physical limitations of
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  Speaker 1: the fourth district court's courtroom and Noting that the gallery
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  Speaker 1: is at capacity, the jury boxes filled with media and
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  Speaker 1: counsel tables are congested. Defendant argues that the presence of
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  Speaker 1: multiple still photographers, their associated lenses, tripods, and movements will
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  Speaker 1: create a highly distractive and disruptive environment. Defendant's objection concerning
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  Speaker 1: physical facilities is sustained in part. Rule 4-401.01 directs the
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  Speaker 1: court to consider the adequacy of the courtroom facility's and
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  Speaker 1: ordinarily limits coverage to one video camera and one still camera,
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  Speaker 1: unless otherwise approved. The record before this court reflects that
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  Speaker 1: the public gallery is at capacity. Media representatives occupy the
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  Speaker 1: jury box and the area surrounding council table is confined.
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  Speaker 1: Additional camera operators would increase movement and equipment in that
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  Speaker 1: limited space without materially increasing public access to the proceedings. Accordingly,
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  Speaker 1: KUTV may operate one stationary video camera and provide pool
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  Speaker 1: video coverage, and the Salt Lake Tribune may operate one
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  Speaker 1: stationary still camera and provide pool photography. KUTV's additional request
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  Speaker 1: for separate still photographer is denied. The pooling requirement of
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  Speaker 1: Rule 4-401.01 applies. As it relates to witnesses and participant
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  Speaker 1: privacy decorum and protective measures, the court takes very seriously
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  Speaker 1: defendants' representations concerning unwanted contacts involving individuals whose information become
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  Speaker 1: public following the July prelim hearing. The present record does
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  Speaker 1: not require the court to determine the precise nature, source,
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  Speaker 1: or extent of those contacts because no witness will testify
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  Speaker 1: at the September hearing. This hearing proceeding is limited to
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  Speaker 1: legal argument by counsel and will involve no live testimony.
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  Speaker 1: While the court cannot regulate the behavior of reporters or
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  Speaker 1: the public outside the courthouse, the court has both the
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  Speaker 1: authority and responsibility to protect privacy, safety, and dignity of
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  Speaker 1: the participants inside the courtroom. This duty is addressed to
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  Speaker 1: the strict enforcement of the court's amended standing decorum order,
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  Speaker 1: effective August 28, 2026, and the limitations in Rule 4-401.01-6,
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  Speaker 1: To reduce the identified risk of distraction or privacy invasion,
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  Speaker 1: the court enforces the following mandatory conditions on all electronic
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  Speaker 1: media coverage of the September 1st hearing. There shall be
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  Speaker 1: no audio recording, filming, or photography of any confidential communication
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  Speaker 1: between counsel and client, between clients, or between counsel at
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  Speaker 1: counsel table or during bench conferences. There shall be no
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  Speaker 1: electronic media coverage of any juror, prospective juror, or the
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  Speaker 1: face of any minor. KUTV's video camera and operator must
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  Speaker 1: be positioned in the rear southeast corner of the courtroom.
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  Speaker 1: What must remain stationary and must utilize wide-angle shot of
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  Speaker 1: the courtroom, the camera shall not zoom in on any writings,
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  Speaker 1: computer screens, or sensitive documents at council tables. Still photographs
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  Speaker 1: by the Salt Lake Tribune must be conducted from a
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  Speaker 1: stationary position behind the bar and the camera must operate
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  Speaker 1: silently without the use of flash or strobe lights. Still
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  Speaker 1: photographers shall not move around the courtroom while court is
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  Speaker 1: in session. Any restrictions on photographing identifiable family members shall
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  Speaker 1: be governed by the rules, by the court's amended standing
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  Speaker 1: decorum order, and the court's authority under Rule 4-401.01. Nothing
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  Speaker 1: in this order extends those restrictions beyond the areas of
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  Speaker 1: circumstance authorized by the applicable rule or order. There shall
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  Speaker 1: be no video recording, audio recording, or stole photography inside
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  Speaker 1: the courtroom before the judge enters or after the court
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  Speaker 1: is in recess or adjourned. Failure to comply with any
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  Speaker 1: of these conditions may result in the termination of electronic
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  Speaker 1: media privileges, removal from the courtroom, contempt proceedings, or other
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  Speaker 1: appropriate sanctions under Rule 4-401.01, Sub 5, and the Decorum Order.
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  Speaker 1: A willful or material violation may result in immediate termination
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  Speaker 1: of electronic media privileges, removal from the courtroom, contempt proceedings,
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  Speaker 1: or other appropriate sanctions. Turning to the defendant's motion to
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  Speaker 1: classify and presumption of public access to court records, defendant
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  Speaker 1: moves this court pursuant to Utah Rule of Judicial Administration 4-202.4-3
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  Speaker 1: to permanently classify the under-redacted versions of his oppositions to KUTV,
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  Speaker 1: and the Salt Lake Tribune's EMC requests as protected. Defendant
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  Speaker 1: argues that the unredacted filings publicly identify and link to
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  Speaker 1: specific online prediction and betting markets that reference these proceedings,
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  Speaker 1: and that the publishing of information in the public court
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  Speaker 1: records would move markets, draw speculative interest to his capital case,
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  Speaker 1: and jeopardize the integrity of the jury pool. The news
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  Speaker 1: media opposes this motion, citing the presumptive public right of
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  Speaker 1: access to criminal records. Following the closure hearing required by
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  Speaker 1: Rule 4-202.04 and after considering the party submissions and arguments
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  Speaker 1: presented at the hearing and the unredacted filings, the court
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  Speaker 1: denies defendant's motion to classify. Rule 4-202.04 identifies the circumstances
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  Speaker 1: in which court may classify or redact information. The defendant
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  Speaker 1: has not demonstrated that specific URLs, market identifiers, or transaction
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  Speaker 1: information at issue fall within one of those categories that
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  Speaker 1: provides an independent basis for denying the requested classification. Even
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  Speaker 1: assuming for the purpose of analysis that subsection 5 could
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  Speaker 1: be satisfied, the court further concludes that balancing required by
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  Speaker 1: subsection 6 favors public access. While the court filings can
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  Speaker 1: be restricted when competing interests outweigh the public interest in access,
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  Speaker 1: defendant bears the burden associated with relief requested. Applying Rule 4-202.04
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  Speaker 1: to the specific information identified in the motion, the court
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  Speaker 1: concludes that the asserted interests do not justify the requested
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  Speaker 1: classification or redaction on the present record. First, Rule 4-202.02-1
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  Speaker 1: presumes public access to court records and Archuleta recognizes that
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  Speaker 1: a presumptive right to access to documents filed in connection
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  Speaker 1: with a criminal preliminary hearing. The presumption is qualified. In Archuleta,
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  Speaker 1: does the Utah Supreme Court recognize presumptive access but nevertheless
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  Speaker 1: affirmed nondisclosure where the particular documents contained sensitive and inflammatory
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  Speaker 1: information and disclosure posed a realistic likelihood of prejudice? The
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  Speaker 1: present record is materially different. The information defendant seeks to
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  Speaker 1: redact consists principally of publicly accessible market links and associated
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  Speaker 1: market data, rather than previously undisclosed inflammatory allegations exceeding what
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  Speaker 1: was revealed in the open proceeding. Second, the information defendant
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  Speaker 1: seeks to shield, namely the existence of specific online prediction
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  Speaker 1: market and betting pool targeting his homicide case, is already
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  Speaker 1: widely available and easily accessible to the general public on
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  Speaker 1: the internet. The prior public availability of the information does
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  Speaker 1: not itself eliminate the court's authority to classify or redact
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  Speaker 1: a court record. It does, however, substantially reduce the practical
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  Speaker 1: protections that classification would provide and therefore diminishes the weight
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  Speaker 1: of that interest in Rule 4-202.04, Sub 6 Balance. Here,
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  Speaker 1: restricting access to the URLs would not remove the underlying
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  Speaker 1: market or previously disseminated information from public availability. Third, the
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  Speaker 1: court credits defendant's concerns concerning jury contamination and prediction markets
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  Speaker 1: activity as genuine. The present record, however, does not establish
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  Speaker 1: a sufficient particularized casual connection. Casual connection between public access
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  Speaker 1: to these specific filings and the material incremental prejudice beyond
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  Speaker 1: the extensive publicity that already exists. Fourth, because the court
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  Speaker 1: concludes that Rule 4-202.04 states, Subbalance 6 favors access, I'm sorry,
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  Speaker 1: subsection 6C does not require a separate finding concerning alternatives
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  Speaker 1: to closure. Nevertheless, the availability of recognized jury selection safeguards
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  Speaker 1: further supports the court's conclusion that classification is unwarranted on
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  Speaker 1: the present record. Such safeguards may include an expanded veneer,
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  Speaker 1: individualized jury questionnaires, an individualized voir dire, addressing exposure to publicity,
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  Speaker 1: prediction markets, and any financial interest in the outcome. The
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  Speaker 1: adequacy of those measures remains subject to reassessment as jury
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  Speaker 1: selection approaches and the record develops. Considering the particular information
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  Speaker 1: at issue, its existing public availability, the incremental rather than
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  Speaker 1: initial disclosure involved, and the fair trial interest identified by
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  Speaker 1: the defendant, the court concludes that the interest favoring access
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  Speaker 1: outweighs the interest favoring classification on the present record. The
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  Speaker 1: defendant's motion to classify must therefore be denied, and the
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  Speaker 1: unredacted version of his opposition's must be made part of
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  Speaker 1: the public record. In conclusion, based off the foregoing, particularized findings,
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  Speaker 1: the procedural record, the oral arguments presented at September 1st hearing,
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  Speaker 1: Closure hearing and the procedural mandates of the Utah Rules
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  Speaker 1: of Judicial Administration is hereby order that defendant's motion to
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  Speaker 1: classify defendant Tyler James Robinson's unredacted opposition to EMC order
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  Speaker 1: is denied. The unredacted version of defendant's opposition shall be
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  Speaker 1: unsealed and made publicly accessible in accordance with this order
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  Speaker 1: on the public docket. KUTV's request for electronic media coverage
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  Speaker 1: of court proceedings is granted in part and denied in part.
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  Speaker 1: KUTV is permitted to provide live streaming of September 1st
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  Speaker 1: oral arguments. KUTV's request for a separate still photography is denied.
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  Speaker 1: The Salt Lake Tribune's request for electronic media coverage of
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  Speaker 1: the court proceeding is granted. The Salt Lake Tribune is
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  Speaker 1: permitted to provide still photography of the September 1st oral arguments.
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  Speaker 1: The defendant's objection to KUTV and the Salt Lake Tribune's
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  Speaker 1: EMC request are sustained in part and overruled in part.
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  Speaker 1: Still photography of the September 1st hearing is strictly limited
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  Speaker 1: to a single photographer from the Salt Lake Tribune, who
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  Speaker 1: shall provide pool coverage to all other participating media agencies
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  Speaker 1: in accordance to UCJA Rule 4-401.01 Sub 4. KUTV is
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  Speaker 1: prohibited from operating still cameras in the courtroom. KUTV and
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  Speaker 1: the Salt Lake Tribune shall strictly comply with the pooling
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  Speaker 1: position and decorum conditions set forth in this order in
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  Speaker 1: the court's amended standing decorum order. Based off the privacy, confidentiality,
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  Speaker 1: and courtroom management findings set forth above, the electronic media
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  Speaker 1: coverage shall not include confidential attorney-client communication, bench conferences, jury
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  Speaker 1: or prospective, jurors or the faces of minors. The camera
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  Speaker 1: operator shall remain in position designated above and shall comply
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  Speaker 1: with the applicable polling requirements. Any additional restrictions concerning identifiable
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  Speaker 1: family members shall apply only to extent authorized by the
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  Speaker 1: court's amended standing decorum order and applicable rule 4-401.01. Following
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  Speaker 1: the entry of this order, the court will separately resolve
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  Speaker 1: the prelim hearing issues after the completion of argument. Nothing
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  Speaker 1: in this order addresses or anticipates those determinations. I'm sorry,
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  Speaker 1: the clerk. shall therefore thereafter make publicly accessible the unredacted filings,
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  Speaker 1: the transcripts of the closure hearing, and the audio recording
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  Speaker 1: of the closure hearing. It's so ordered, and that is
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  Speaker 1: the order of this court. All right, folks, we're going
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  Speaker 1: to wrap up right here, and in the next episode,
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  Speaker 1: pick up where we left off. All the information that
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  Speaker 1: goes with this episode can be found in the description box.