By Tim Smith CAPITAL BUREAU tcsmith@greenvillenews.com
COLUMBIA -- The South Carolina Supreme Court decided in favor of
The Greenville News on Tuesday in a ruling that a circuit judge
closed a death-penalty case hearing to the public and press without
sufficient justification.
"The rights of the public and the press to attend criminal trials
are guaranteed by the South Carolina Constitution and the United
States Constitution," wrote Chief Justice Jean Toal.
Circuit Judge J.C. Nicholson of Anderson closed the 2005 pretrial
hearing in the case against Charles Christopher Williams. Williams
was facing the prospect of the death penalty in the September 2003
slaying of Maranda Leigh Williams at an Eastside grocery store. He
was subsequently convicted and sentenced to death.
Nicholson closed the hearing on a motion by defense attorneys.
The hearing was to determine whether a journal kept by Williams
would be admitted as evidence and whether jurors would hear
testimony from a state psychiatrist who interviewed him.
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Nicholson's ruling was appealed to the Supreme Court by The News
and WYFF-TV.
Lawyers for the newspaper and the television station maintained
that the judge didn't make specific findings of fact as required by
the law and misapplied facts in the case. They also contended the
judge had made up his mind to close the hearing before hearing their
arguments to keep it open.
The justices ruled that the judge's reasons for closing the
hearing were insufficient. Nicholson had concerns about racial
issues involved in the case and the "hot button" issue of domestic
violence, Toal wrote, which were to be discussed in the hearing.
"Though these concerns were no doubt genuine, closing the
courtroom could not possibly have alleviated either of them," she
wrote.
Toal also wrote: "Because closing the courtroom had no effect on
preventing additional publicity regarding defendant's case, the case
as it related to the issue of domestic violence in South Carolina or
any racial issues involved in the trial, we reverse the trial
court's decision .... "
She noted that The News had published at least 38 stories and
opinion pieces on the case.
Nicholson could not be reached for comment.
Tuesday's ruling also cements the use of a three-prong test
derived from U.S. Supreme Court decisions on the issue of
closed-court proceedings and pretrial publicity, Toal wrote.
South Carolina's Constitution, unlike the U.S. Constitution, has
a provision expressly guaranteeing open courts. As a result, South
Carolina's justices have long required judges to make specific
findings before justifying any closed hearing. They have vacated
orders in a string of cases when it found judges closed hearings but
failed to state their findings on the record.
The three-prong test requires that judges make specific findings
of fact that there is a substantial probability that a defendant's
right to a fair trial will be prejudiced by publicity before closing
a courtroom, Toal wrote. They must also find that closing the
courtroom will prevent that prejudice and that reasonable
alternatives to closure cannot adequately protect a defendant's
rights.
Nicholson's original idea to limit the hearing to legal arguments
would have worked, the justices ruled. However, the jury-selection
process remains the preferred method of protecting defendants from
the effects of pretrial publicity, Toal wrote.
"I think it's a very strong statement by the court reiterating a
long-standing practice in this state that the courts should be
open," said Rivers Stillwell, the newspaper's lawyer.
Stilwell and Carl Muller, a Greenville lawyer who made oral
arguments before the Supreme Court last month on behalf of the news
organizations, argued in a motion filed last year that Nicholson
invited defense lawyers three times to make a motion to close the
hearing before one did.
The justices found Tuesday that judges can close a courtroom on
their own if they believe doing so will protect a defendant.
They also found that Nicholson "paid careful consideration" to
the news organizations' due process rights in deciding to close the
courtroom.
Muller had maintained that the subject of the hearing's focus --
Williams' journal and the psychiatric interview -- had already been
reported months earlier by The News. He said the judge wouldn't
acknowledge that the "cat was already out of the bag."
Bill Rogers, executive director of the South Carolina Press
Association, said the ruling was good for those who value open
courts.
"It sends the right message to judges who consider closing
courtrooms," he said. "There has to be a really strong, compelling
reason for this to happen. And that wasn't here in this case."
Solicitor Bob Ariail of Greenville, whose office argued on behalf
of Nicholson before the Supreme Court, said the ruling did not
surprise him.
"I would only say it was not an unexpected decision," he said.
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