Case Explained: Judge denies media orgs’ request to access Anaconda shooter case • Daily Montanan – Legal Perspective

A district court judge in Deer Lodge County denied last week a motion by a group of Montana media organizations that sought to access court  records related to Michael Brown’s alleged killing of four Anaconda residents last summer. 

On Aug. 1, Brown walked into the Owl Bar in Anaconda and opened fire, killing four people before fleeing the scene, according to law enforcement. Federal, state and local law enforcement captured Brown following a week-long manhunt. 

While Brown was still at large, at the request of Anaconda-Deer Lodge County Attorney Morgan Smith, District Court Judge Jeffrey Dahood sealed all legal documents in the court case, a move legal experts said was unusual, according to the Montana Free Press. 

While Dahood unsealed most of the documents Aug. 29, certain pretrial proceedings and records remain under seal. 

A group of media organizations sought to become part of the case in a limited capacity, asking the court to vacate its August order, which modified which records remained sealed, arguing that the order violates Montana law and “fails to balance the public and Press’s constitutional right to examine public documents.”

The coalition of media comprises The Daily Montanan, Montana Free Press, The Montana Newspaper Association, Montana Broadcasters Association, Lee Enterprises, Inc., which owns and operates five of the state’s largest print newspapers, and 

Montana Freedom of Information Coalition.

Attorneys for the media argued in a court brief that Montana law codifies an “unconditional right to participate in criminal proceedings before a court seals records.” 

But in his order denying the motion, which was opposed by the state and Brown, Dahood wrote that the Press had not “established why the court should allow them into this pending criminal case.”

In her motion to modify the documents under seal, Smith wrote that the case has drawn extensive media coverage, but the “press and public’s right of access, however, is not absolute,” and must be balanced with a defendant’s due process. 

“Many of the facts and evidence within the State’s possession have not been disseminated publicly and will be crucial to the State’s prosecution of this matter,” Smith wrote. “The details surrounding the commission of the crimes alleged in this case, should they be subject to public dissemination, would greatly prejudice the prospective jury pool and taint the ability to impanel an impartial jury.”

Darrell Ehrlick, editor of the Daily Montanan, wrote in email that while courts have always been able to keep certain parts of court cases out of public view — such as juvenile criminal cases and some medical records — sealing off entire criminal cases sets a “dangerous precedent.” 

“It‘s the public’s right to observe that helps ensure that justice is carried out without the appearance of something clandestine or prejudicial,” Ehrlick wrote in an email. “This case isn’t about just ensuring the press’ access to the court, it’s more about making sure that any citizen can look at a publicly available court file or attend court to see for themselves, not just take whatever the government says without the opportunity to check it against the factual record.” 

Neither Smith nor Brown’s public defender responded to questions from the Daily Montanan.

Brown has been charged with six felony criminal charges, including four counts of deliberate homicide, one count of arson and one count of theft, as well as with a misdemeanor for fleeing law enforcement. Brown pleaded not guilty to all charges in September. 

According to a joint motion filed by the state and defense, the court determined Brown is unfit to take part in further proceedings, and a January jury trial date was suspended while he undergoes mental health evaluations while in the custody of the Montana Department of Health and Human Services. 

A status hearing is scheduled for March 18. 

Editor’s Note: The Daily Montanan is a party to the filing to unseal the records in the case.