IN THE JUVENILE COURT IR COUNTY, TENNESSEE STATE OF TENNESSEE, ) ) Plaintiff, ) ) ve ) No. ) )} LD. No. 78016069 Defendant. ) NOTICE OF OBJECTION TO REQUEST FOR MEDIA CO’ Bee PS COMES NOW, Attorney Samantha A. McCammon, appointed counsel for the Defendant and makes known their objection to any media coverage of further proceedings in this matter, and in support of said objection would say and state as follows: 1. That the request made fails to correctly reference the proper authority for the request pursuant to Tennessee Supreme Court Rules (Tenn.Sup.Ct.) under Media Guidelines, instead referencing the section of the Tenn.Sup.Ct. Rules that provides for definitions; 2. That under Tenn Sup.Ct. Rule 30(C)(1), when dealing with a minor as a witness, party, or victim, the media is “PROHIBITED IN ANY JUDICIAL PROCEEDING, except when a minor is being tried for a criminal offense as an adult” (emphasis added]; 3. That in the instant case, this Defendant along with all other co-Defendants have not been transferred to adult criminal court, and are being tried as juveniles; 4, That, additionally, pursuant to Tenn.Sup.Ct, Rule 30(C)(5), an objection by the accused to a request made for media coverage in a Juvenile Court Proceeding “will PROHIBIT media coverage of the ENTIRE PROCEEDING” [emphasis added), 5. That this Defendant is objecting to any media coverage of proceedings on this matter. Respectfully submitted this ao ‘day of 2016. ‘amantha A. McCammon, BPR #029800 Attorney for Defendant P.O. Box 5829 Sevierville, TN 37864CERTIFICATE OF SERVICE I do hereby certify that I have forwarded a true and exact copy of the foregoing Order via hand delivery, facsimile, or US Mail, postage pre-paid, sufficient for the delivery thereof to the following addresses: Rolfe Straussfogel, Esq. Assistant District Attorney 125 Court Avenue Sevierville, TN 37862 Jeff Stern, Esq. Counsel for Co-Defendant Joseph Fanduzz, Esq. Counsel for Co-Defendant th this thes day of August 2016IN THE JUVENILE COURT FOR SEVIER COUNTY, TENNESSEE A Child under the age of Eighteen (18) at time of charges In the matter of: I | DOCKET No. 15-001693 Defendant | 15-001694 | 15-001695 DOB: | 16-000024 NOTICE OF OBJECTION TO MEDIA REQUESTS COMES NOW, Attorney Jeffrey L Stem, appointed counsel for Defendant, in this cause, and gives notice to this Honorable Court of objection to media requests to be present and record the scheduled proceeding on August 30, 2016, or any other proceeding in this cause, and for good cause states the following: That Counsel has reviewed the Media requests that have been received thus far regarding the scheduled hearing in this cause on August 30, 2016, and while one request references the Tennessee Rules of the Supreme Court, Rule 30 Media Guidelines, specifically Rule 30 (B\1) and (3), that request however completely negated to include the following: Rule 30 (C) Prohibitions, paragraph (1) “Minor Participants. Media coverage of a witness, party, or victim who is a minor is prohibited in any judicial proceeding, except when a minor is being tried for a criminal offense as an adult.” The defendant herein was charged as a minor and being tried as a minor, and therefore should continue to be afforded the protections granted to minors, and objects to allowing any media coverage or presence whatsoever in the courtroom during any proceeding in this cause. In addition the other co-defendants in this cause are minors, and the alleged victims are minors, and several of the witnesses expected to testify at hearing are minors. RESPECTFULLY SUBMITTED FOR ENTRY: FILED Saviar So. Jivante, Court ‘Sonne €. Halt, Clerk Counsel fot Defendant AUG 25 2016 | P.O. Box 5797 Sevierville, Tennessee 37864 Dora Tie* (865) 774-1312 Jeff@sternfamilviaw.com Page 1 of 2CERTIFICATE OF SERVICE I do hereby certify that I have forwarded a true and exact copy of the foregoing Notice via US Mail, facsimile including email attachment, or hand delivery, postage pre-paid, sufficient for the delivery thereof to the following addresses: Rolfe Straussfogel, Esq. Assistant Distriet Attorney General 125 Court Ave., Suite 301E Sevierville, TN 37862 (865) 429-7025 fax Samantha McCammon, Esq. Counsel for Co-Defendant Joseph Fanduzz, Esq. Counsel for Co-Defendant this the 25" day of August, 2016. tern, BPR #023910 Page 2 of2| IN THe JUVENILE COURT FOR SEVIER COUNTY IN SEVIERVILLE TENNESSEE STATE OF TENNESSEE, ) Docket No.: 15-001693 | ) 15-001694 v. ) 15-001695 ) 16-000024 | ) LD.No: 78016068 | Dos: ) ) and ) Docket No.: 15-001699 ) 15-001700 ) 16-000025 |DoB: ) LD.No.: 78016069 Defendant(s), ) l| ORDER Requests for media coverage have been filed by the Chattanooga Times Free Press and News Channel 9 of Chattanooga on August 15, 2016 and August 22, 2016, The Court finds pursuant to Tennessee Supreme Court Rule 30(C)(1) and | say) that objections have been filed with the Court by two (2) defendants in this |matter. IT IS THEREFORE, ORDERED, ADJUDGED, and DECREED that: i That the request for media coverage is denied. NOTICE. | || | \| THE ABOVE ARE THE VALID ORDERS OF THIS COURT UNTIL FURTHER | | I ENTERED this a” day ofIn the Matter of Docket No. 15-1699 & 1700, 1 15-1696, 1697 & 1698 and 16-23 15-1693, 1694 & 1695 and 16-24 ORDER TO QUASH SUBPOENAS Comes the Court, and upon hearing Floyd Rodney Burns’ motion to quash subpoenas issued by both the State of Tennessee and in this proceeding, orders that the subpoenas in this case be quashed. In so ordering, the Court finds the following in support thereof: 1 ‘The Petitioner has been subpoenaed by and the State of Tennessee to testify in a hearing in the Juvenile Court of Sevier County to be held on August 30, 2016. The Petitioner is a criminal defendant in a case specifically related to the subject matter of the above-captioned case. Specifically, the indictment in Hamilton County case no. 298396 charges the Petitioner with two counts of aggravated perjury as a result of his testimony in the Hamilton County Juvenile Court regarding his investigation that resulted in the filing of the above-captioned case. If called as a witness, the Petitioner will refuse to testify by invoking his right against self- incrimination. Both the State’s District Attoey General and counsel for Mr. Burns in the instant matter have indicated that the District Attorney General in Hamilton County has in an unprecedented fashion shown a willingness to criminally charge the Petitioner for any deviations in testimony, no matter how slight or immaterial. ‘The Court finds that any testimony provided by the Petitioner, Mr. Burns, could be utilized against him in the criminal trial where he is a criminal defendant in Hamilton County.6. The State has stipulated that it cannot find any authority to oppose Mr. Burns’ motion to quash based upon the circumstances of the case and has represented it can go forward without his testimony. 7. Mr. Burns’ right against self-incrimination is the stronger and paramount right compared to a defendant's basic right of compulsory process. See State v. Dicks, 615 8.W.24 126, 129 (Tenn. 1981). WHEREFORE, this Honorable Court orders that the subpoenas issued upon request of the State of Tennessee and are hereby QUASHED. ENTER this_-24 day of hogs APPROV! Sy ELIUS, BPR#015800 Rodney BurnsIN THE JUVENILE COURT FOR SEVIER COUNTY, TENNESSEE In the Matter of: Docket No. 15-1699 & 1700, 16-25 15-1696, 1697 & 1698 and 16-23 15-1693, 1694 & 1695 and 16-24 FILED Sureniie Court “ae ORDER | AUG 30 2088 se Dapuly Clay Comes this Honorable Court and pursuant to Rule 114 of the T Practice and Procedure orders, on the Court’s own initiative, that the proceeding in whole should be closed except to those persons having a direct interest in the case. In support of this Court’s order, the Court finds the following: 1) The hearing in this matter involves juvenile defendants who have been charged with some of the most serious crimes set forth in Tennessee law, notably Aggravated Rape. Should the defendant juveniles prevail in this hearing, the public availability of the content of the hearing could result in irreparable harm to the juvenile defendants. 2) The hearing in this matter will involve juveniles who were allegedly the victims of crimes that, pursuant to Tennessee statutory law, are considered sex offenses. It is common practice in this Court and Tennessee courts in general to shield the identity of such victims, Closure of the hearing pursuant to Rule 114 of the Tennessee Rules of Juvenile Practice is necessary to protect the identity of the alleged victims. 3) The subject matter of this hearing has received considerable coverage in the media. The Court's finding that the identity of the juveniles in this case will be compromised is no mere speculation, as intensive media coverage of the subject matter of this hearing has been ongoing since December 2015.4) Because the Investigating Detective, Rodney Bums, was unable to testify due to his being indicted based on testimony related to this matter in Hamilton County Criminal Court, the Court anticipates that the hearing will involve discussing of investigative records and Department of Children’s Service records that are generally deemed confidential in nature. In order to prevent the dissemination of confidential information to the public, a closed hearing is necessary. 5) Further, due to the indictment of adult witnesses, including Andre Montgomery, in Hamilton County, the Court anticipates that the State and defendants will rely on confidential reports due to these witnesses unavailability caused by criminal indictment in Hamilton County. 6) The Court finds that the interest set forth above weigh in favor of a closed hearing and outweigh the benefit of the general public. 7) The Court finds that no reasonable alternative can assure the above-stated interest, as the names and live testimony of the juvenile victims and, potentially, the juvenile defendants would necessary be an integral part of the hearing. WHEREFORE, pursuant to Rule 114 of the Tennessee Rules of Juvenile Practice and Procedure, this Honorable Court ORDERS that this proceeding be CLOSED. ENTER this =O? day of. A KIS 52016. Juvenile Court JudgeIN THE JUVENILE COURT FOR SEVIER COUNTY SEVIERVILLE, TENNESSEE DOCKET NO.: 15-1693 IN RE: DOB: LD. NO.: 78016068 CHARGE: Aggravated Rape YS.0. Matt Jones ATTORNEY: Jeff Stern GAL: ORDER This cause came to be heard on the 30th day of August, 2016 before the Juvenile Judge regarding the above referenced ‘matter. The Court finds the following: ‘court finds: defendant pled Midefendant guilty guilty O defendant guity, entry not guity deferred Ocharge amended OQ defendant not guilty to: O informal adjustment held open Wreset_927/2016 taken under advisement OQ review disposition reserved O case dismissed O disposition transferred to: Qnolle pros O state supervision transferred O this case merged Interstate Compact to: Therefore, the defendant, family and all parties involved shall fully comply with the following conditions: be placed on local supervision ‘A be placed on DCS supervision be placed on PSI supervision-standard / intensive complete __hours public service work obey all house rules ‘Ocomplete MK 1- Intensive Character Education Intervention complete MK 3- Helping Parents Survive & Thrive With Today's Youth complete MK 4- Emotion Control For Teens ‘O complete MK 5- Alcohol & Drug Early Intervention {Q complete MK 7- New Driver Decision-Making Skills ‘Ocompiete MK 14-Theft Program G submit to an A & D assessment, follow recommendations submit to a Mental Health assessment, follow recommendations attend counseling, follow recommendations ‘refrain from drugs and alcohol ‘B eubmit to random drug screens Arrevocation O driving privileges restricted Dhouse arrest Grestrained {any contact between partes will be a direct violation ofthis ‘order and will result in criminal prosecution by this Court) Qattomey appointed guardian ad litem appointed ithe defendant will attend school regulary with NO n-excused absences or discipline problems serve time in detention days serve time in detention days, suspended referred to FCIP, follow recommendations continue FCIP, follow recommendations. referred to Family Support Services, follow recommendations referral for in-home services Q-continue in-home services referred to Child Protective Services, follow recommendations ‘non-custodial assessment court costs B15 hours public service work in iow of court costs fines restitution Diitigation tax (625.00) Acommitted to the Tennessee Department of Children's Services - suspended A committed to the Tennessee Department of Children’s Service for appropriate placement other: Defendant to remain in cust it sentencing sot for 9727/2016 {W the defendant is advised that he/she is placed under the valid orders of this Honorable Court. tis further accordingly ORDERED that each parent and/or legal guardian with legal custody or supervisory authority shall cooperate and ensure that all court orders are carried out by the juvenile as well as the parent‘guardian. If the juvenile fats comply, the ‘parent/guardian shall report said facts to the court through the Juvenile Court Services Office. Failure to do so wit! subject the ‘parent/guardian to potential contempt of court charges and/or prosecution under T.C.A. 37-1-174. ENTERED this the 30th day of August, 2016 . Jeff D. Rader,IN THE JUVENILE COURT FOR SEVIER COUNTY SEVIERVILLE, TENNESSEE DOCKET NO.: 15-1699 LD. NO. 78016069 Aggravated Rape YS.0.: Matt Jones ATTORNEY: Samantha McCammon GAL: ORDER ‘This cause came to be heard on the 30th day of August, 2016 before the Juvenile Judge regarding the above referenced matter. The Court finds the followin court finds: Q held open Qreset defendant pled: O defendant guilty (Ottaken under advisement O review. Oguitty O defendant guilty, entry O disposition reserved O case dismissed not guitty deferred CO disposition transferred to: nolle pros Occharge amended —_ildefendant not guilty, state supervision transferred to: informal adjustment © this case merged Interstate Compact to: Therefore, the defendant, family and all parties involved shall fully comply with the following conditions: {be placed on local supervision be placed on DCS supervision { be placed on PSI supervision-standard / intensive complete __ hours public service work ‘obey all nouse rules ‘O complete MK 1- intensive Character Education intervention CO complete MK 3- Helping Parents Survive & Thrive With Today's Youth complete MK 4- Emotion Control For Teens ‘complete MK 5- Alcohol & Drug Early intervention complete MK 7- New Driver Decision-Making Skills complete MK 14-Theft Program ‘submit to an A & D assessment, follow recommendations CO submit to a Mental Health assessment, follow recommendations attend counseling, follow recommendations ‘Orrefrain from drugs and alcohol submit to random drug screens Qrrevocation ‘O driving privileges restricted house arrest restrained {any contact between parties will be a direct violation ofthis ‘order and will result in criminal prosecution by this Court) attomey appointed guardian ad litem appointed Othe defendant will attend school regularly with NO_ un-excused absences or discipline problems serve time in detention. days serve time in detention days, suspended O referred to FCIP, follow recommendations ‘continue FCIP, follow recommendations ‘O referred to Family Support Services, follow recommendations Qrreferral for in-home services ‘continue in-home services referred to Child Protective Services, follow recommendations ‘non-custodial assessment Q court costs 1 15 hours public service work in lieu of court costs Ofines restitution Ditigation tax ($25.00) ‘committed to the Tennessee Department of Children's ‘Services - suspended committed to the Tennessee Department of Children’s Service for appropriate placement other: | the defendant is advised that he/she is placed under the valid orders of this Honorable Court. tis farther accordingly ORDERED that each parent andor egal guardian with legal custody or supervisory authority shall ‘cooperate and ensure that all court orders are carried out by the juvenile as well as the parent/guardian. If the juvenile fails to comply, the ‘parentiguardian shall report said cts tothe court through the Juvenile Court Services Office. Failure todo so will subject the ;parent{guardian to potential contempt of court charges and/or prosecution under T.C.A. 37-1-174. ENTERED this the 30th day of August, 2016 . Jeff D.IN THE JUVENILE COURT FOR SEVIER COUNTY SEVIERVILLE, TENNESSEE DOCKET NO.: 15-1696 IN RE: 0.0.B. 1.D. NO.: 78016067 CHARGE: Aggravated Rape YS.0. Matt Jones ATTORNEY: Joseph Fanduzz GAL: ORDER ‘This cause came to be heard on the 30th day of August, 2016 before the Juvenile Judge regarding the above referenced matter. The Court finds the followin ‘court finds: Qheld open O reset defendant pled: O defendant guilty taken under advisement review. Odguiity O defendant guilty, entry ‘O disposition reserved O case dismissed not guilty deferred O disposition transferred to: QO nolle pros Ocharge amended —Mldefendant not guilty O state supervision transferred to: informal adjustment O this case merged Interstate Compact to: Therefore, the defendant, family and all parties involved shall fully comply with the following conditions: ibe placed on lacal supervision be placed on DCS supervision {D be placed on PSI supervision-standard / intensive complete _hours public service work. ‘Dobdey all house rules ‘complete MK 1- Intensive Character Education Intervention complete MK 3- Helping Parents Survive & Thrive With Today's Youth complete MK 4. Emotion Control For Teens complete MK 5- Alcohol & Drug Early intervention ‘complete MK 7- New Driver Decision-Making Skils complete MK 14-Theft Program submit to an A & D assessment, follow recommendations submit toa Mental Health assessment, follow recommendations attend counseling, follow recommendations refrain from drugs and alcoho! |D submit to random drug screens Drevocation D driving privileges restricted house arrest restrained (any contact between parties will be a direct violation of thi order and will result in criminal prosecution by this Court) Dattomey appointed ‘guardian ad liter appointed ithe defendant will attend school regularly with NO_ ln-excused absences or discipline problems serve time in detention _days serve time in detention days, suspended O referred to FCIP, follow recommendations. ‘continue FCIP, follow recommendations referred to Family Support Services, follow recommendations Q referral for in-home services ‘continue in-home services referred to Child Protective Services, follow recommendations non-custodial assessment A court costs 1D 15 hours public service work in lieu of court costs Ofines restitution iitigation tax ($25.00) committed to the Tennessee Department of Children's ‘Services - suspended committed to the Tennessee Department of Children’s Service for appropriate placement other: {the defendant is advised that he/she is placed under the valid orders ofthis Honorable Court Is further accordingly ORDERED that exch parent and/or legal guardian with legal custody or supervisory authority shall cooperate and ensure tha all curt orders are carried out bythe juvenile aswell es the parent‘guardian. Ifthe juvenile fail to comply, the ‘parent guardian shall report said fatsto the court through the Juvenile Court Services Office. Failure todo so wil subject the ‘parent/guardian to potential contempt of court charges andor prosecution under T.CA. 37-1-174. ENTERED this the 30th day of August, 2016 . Jeff D. Rader, judge