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Tuesday, September 22, 2009

Stephanie Condon murder trial can include cameras



Dale Wayne Hill
Dale Wayne HillENLARGE
Dale Wayne Hill
Dale Wayne Hill has a right to a fair trial. And the public has a right to see that his trial is conducted fairly.

How to balance those two factors was decided at a Monday hearing in Douglas County Circuit Court as Judge Joan Seitz decided she will allow one News-Review photographer and one KPIC television videographer to cover the legal proceedings involving Hill.

Hill is accused of killing 14-year-old Stephanie Condon of Riddle. Condon disappeared Oct. 30, 1998, and her remains were discovered near Glide last spring.

Hill is believed to have been the last person to have seen Condon alive. He has denied any involvement in her death.

On Thursday, defense attorney Mark Sabitt of Eugene-based Spence & Sabitt argued that cameras should not be allowed in the courtroom during Hill's upcoming trial.

Hill chose not to appear at the hearing, Sabitt said.

Citing a Texas court case, Sabitt argued the presence of cameras could create prejudice against Hill. He claimed cameras might most influence the jurors, “who can't help but feel the pressure of friends and neighbors who have their eyes on them.”

Sabitt contended cameras could influence the testimony of witnesses and distract attorneys. He said Hill should be tried in a courtroom and “not in a stadium or city or nationwide arena.”

Dan Bain, an anchor with KPIC-TV, spoke for the TV station, which has asked to shoot video of the trial.

He said defendants have a right to a speedy and public trial and having cameras in the courtroom only makes trials more public. And if judges believe a witness should not be shown on camera “all they have to do is ask.”

Although Sabitt argued a camera could influence or distract a jury, Bain said most attorneys have told him they are not even aware of cameras in the courtroom.

He also said having cameras in the courtroom allows viewers to see “how people handle themselves in a courtroom.”

Jack Orchard, a Portland-based attorney, spoke on behalf of The News-Review's request to have cameras at the trial. He said Oregon law states restricting media access to trials should be the “exception rather than the rule.”

Judge Seitz said state law requires attorneys to present specific findings on why they think the press should be kept out of the courtroom.

Seitz said in her almost 24 years in the courtroom, Bain hasn't taped the jury, and that if during jury selection she asks him not to tape a witness, he doesn't.

From her experience, media in her courtroom has “done everything to comply and not be intrusive.”

She denied Sabitt's request to prohibit cameras in the courtroom during Hill's trial. She did, however, limit camera coverage to the two news organizations.

After her decision, Sabitt asked that Hill be allowed to wear civilian clothes in the courtroom during his trial. District Attorney Rick Wesenberg said he did not object to that.

Seitz agreed to Sabitt's request about Hill's clothing.

• You can reach reporter Kathy Korengel at 957-4218 or by e-mail at kkorengel@nrtoday.com.


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