Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 7, 1992 TAG: 9203070254
SECTION: VIRGINIA PAGE: A-5 EDITION: METRO
SOURCE:
DATELINE: HILLSVILLE LENGTH: Medium
The Feb. 28 hearing was for T.J. Midkiff, who has been bound over to the grand jury on charges stemming from the deaths of Sheila Marie Ring and her 2-year-old daughter, Jasmine Sutphin. Their bodies were found in the burned remains of their home Dec. 3. Autopsies showed they had been stabbed to death.
Juvenile and Domestic Relations Judge J.L. Tompkins granted a defense motion to close the hearing because a juvenile was involved. He overruled prosecution arguments that state statute was meant to apply to juveniles as defendants, rather than victims, and did not allow reporters to argue against closing the hearing.
The petition asks Circuit Judge Duane Mink to reverse Tompkins' order, bar the lower court from closing the courtroom in any further proceedings in the case, and make public the written record of the hearing.
Attorney D. Stan Barnhill filed the suit on behalf of Times-World Corp. and Landmark Community Newspapers of Virginia Inc., publishers of the two newspapers.
Tompkins was presiding because General District Judge George Cooley had retired from the bench earlier that day. Cooley's successor, Edward M. Turner III, was sworn in Monday.
Midkiff was charged in General District Court with capital murder, first-degree murder and arson; and with another first-degree murder charge in juvenile court. The hearing was consolidated to be heard in both courts, and Tompkins declined to separate the charges for two hearings.
After calling and consulting Barnhill by phone in Roanoke, reporters for the two publications returned to the courthouse to ask that Barnhill be given a chance to argue against closure by telephone or that the reporters be allowed to do so in person. They were denied access to the courtroom and Tompkins did not respond to two written requests sent to him by a deputy at the door.
Barnhill then phoned Mink and asked for a conference call hearing on staying the case until constitutional arguments could be offered and ruled on. Mink agreed, but by then the hearing had ended.
The families of the victims had wanted the proceedings to be public, according to the prosecution.
The petition argues that Tompkins failed to give reasons why closure was needed to preserve values beyond those protected by the First Amendment allowing the public to attend such hearings.
It argues further that the state code does not require absolute closure in such cases; and that even if the part involving the juvenile victim was closed, Tompkins gave no reason why the cases could not be heard separately. It is also claimed that Tompkins failed to follow established constitutional procedure providing the press an opportunity to argue against closure.
by CNB