08/13/12 - Order Re: Motion to unseal court file (including docket) (“Suppression Order”) (C-4c

The Matter came before the Court pursuant to a whole bunch of motions and Responses by the media, the people and the defendant. After reviewing the Motions and Responses and having heard oral arguments the Court found the Court’s Order Relating to Disclosure of Records by the University of Colorado Pursuant to Colorado Open Records Act to remain in effect and shall not be affected by following FINDINGS and ORDERS, pending the Court’s determination re: privilege Defendant may or may not have. ● The University is to refrain from disclosing information. If the Court finds any release of any of the University of Colorado records at this time would cause irreparable harm. The Court also finds no less-intrusive alternative exists to its Order. The Court may revisit this again after the issue of privilege has been made.

The People are saying that even though there are constitutional issues with the restrictions, they say the case is unique due to the scale of the investigation, hundreds of witnesses and victims who still need to be interviewed. As the People have not yet interviewed all the witnesses at this stage, they are worried the media will get to them before they do. The Defendant is saying that the media has already gotten an unprecedented access to the case and that there is no doubt the harm the media will do to the Defendant’s right to a fair trial. The Court released the Register of Actions. The Court orders that affidavits, subpoenas, arrest warrants, search warrants, requests for or court orders for production of records which are currently sealed shall be suppressed and the Motion is denied. The Court “other documents” to be released. 34 documents in total were released.

In summary the Court orders the file remain suppressed and anything currently sealed is now suppressed. The package is now under seal and held with the Clerk of the Court. The package will remain sealed and inaccessible to anyone, including the Parties of the Record.

Documents not addressed which remain suppressed and accessible only to the court and the parties the Court finds the documents are records under CCJRA (Colorado Criminal Justice Records Act) and their disclosure is discretionary.

The media’s Motion is granted in part and denied in part.