STATE OF INDIANA ) SIN THE CARROLL CIRCUIT COURT

)SS:
COUNTY 0F CARROLL) CAUSE NO. 08C01—2210-MR—1

STATE OF INDIANA, )
Plaintiff, )
)
VS. ) ORDER OR JUDGMENT OF THE COURT
)
RICHARD M. ALLEN, )
Defendant. )

The Court has received multiple requests for various legitimate media outlets to record the

Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the

case with this Order). Pursuant to the Code of Judicial Conduct, Rule 2.17, a judge shall prohibit

broadcasting, televising, recording, or taking photographs in the Courtroom. However, a judge may

authorize the broadcasting, televising, recording, digital streaming, or photographing of court

proceedings or the Courtroom by members of the news media under certain conditions. (Rule

2. l 7(3)(a)(b)).

News media is defined as persons employed by or representing a newspaper, periodical, press

association, radio station, television station, or wire service and covered by I.C. 34-46-4-1. All of the

submitted requests meet this definition.

Counsel for the State and the defense have been provided with these requests, and both have

previously submitted pleadings stating their positions on cameras in the Courtroom. (See defense

Motion for Broadcasting Order, filed September 13, 2023, and State's Response to Defendant's Motion

for Broadcasting Order, filed September 25, 2023).

The Court has determined that allowing recording of the October 19, 2023, hearing is permitted
provided that the means of recording will not distract the participants or impair the dignity of the

proceedings, and the hearing itself is a non-confidential proceeding.

The Court, therefore, authorizes the recording and broadcasting of the hearing set for October

l9, 2023. The Court WILL NOT permit photographing or digital streaming of the proceedings. All

news media will be required to wear/display identification and to wear appropriate attire. One or two

cameras will be authorized for pool coverage of the hearing. Members of the general public are

prohibited from broadcasting, recording, or photographing this proceeding.

The Court will prohibit media broadcast during this hearing of attorney-client communications,

bench conferences, and materials on counsel tables and the Court's bench. The Court has the sole

discretion to interrupt or stop the coverage, or to limit or terminate the recording and broadcast by a

news media organization at any time during the proceeding.

The Court requests the media to become familiar with LC. 34-46-4-1 and the Code of Judicial

Conduct, Rule 2.17.

Dated: October l7, 2023 'V

NOTICE T0 BE GIVEN BY:
COURT _XX_ CLERK
r cesC. Gull, Spec1a1Jud
Ca oll Clrcult Court
rroll County, Indiana
I
OTHER

PROOF 0F NOTICE UNDER TRIAL RULE 72(D)

A copy of this entry was served either by mail to the address of record, deposited in the attorney's distribution box, or personally distributed to the
following persons:
cc: Bradley Rozzi Attorney for Defendant
—

Andrew Baldwin Altorney for Defendant

—

Prosecuting Allomey Nicholas McLeland

Carroll County Sheriff's Department
Allen County Sheriff's Department
Allen Superior Court Administrative Office
Conn File

DATED:
INITIAL OF PERSON WHO NOTIFIED PARTIES: COURT CLERK
 :33"
\ Alien Superior Court
Request for Recording of Court Proceedings By News Media
/

-~.guug_ .x

Date of request: 10/16/2023

Date/time of court proceeding (48 hours notice required): 10/19/2023 @ 2 P-m-

Court/Judge: Superior Court, Judge Fran Gull

Case number: 08001—2210-MR—000001
As a member of the news media (as defined by IC 34-46-4—1), i request permission to broadcast or
record a court proceeding in the case above using the following equipment (mark all that apply):

E Still photography (Please note if using cell phone, tablet or laptop):

D Video/audio recording equipment:

D Audio only recording equipment:

U Requester is capable of providing a pool feed, if necessary

D A waiver of the 48-hour advance notice requirement is requested because:

Iunderstand the judge has discretion to approve or deny this request for broadcast coverage; require
pool coverage; interrupt, limit, or terminate broadcast coverage at any time during proceeding
'
if
deemed appropriate; determine location and quantity of broadcast equipment.

Stan Sussina Journal Gazette

Contact Name Media Outlet

339-707-1238 ssussina@jg.net
Phone number Email address

Email completed forms to John McGauley', Court Executive at iohn.mcgauley@allensuperiorcourt.us

For Court Use

Court action: Granted Denied z

 fl;
Allen Superior Court
Request for Recording of Court Proceedings By News Media

Date of request: 10/15/2023

Date/time of courtproceeding (48 hcyrs notice required): 10/19/2023 @ 2 p.m.

Court/Judge: Superior Court,Judge Fran Gull
Case number: 08001-2210'MR'000001

As a member of the news media (as defined by IC 34-46-4—1), request permission to broadoast or
I

record a court proceeding in the case above using the following eqdipment (mark all that apply):

MStill photography (Please note if using cell phone, tablet or_laptop): callphone

D Video/audio recording equipment:

D Audio only recording equipment:

D Requestor is capable of providing a pool feed, if necessary

U A waiver of the 48-hour advance notice requirement is requestedbecause:

lunderstand the judge has discretion to approve or deny this request for broadcast coverage; require
pool coverage; interrupt, limit, or terminate broadcast coverage at any time during proceeding if
deemed appropriate; determine location and quantity of broadcast equipment.

Corryn Brock Journal Gazette

Contact Name Media Outlet

260-461 -8343 cbrock@jg.net

Phone number Email address

Email completed forms to John McGauley, Court Executive at iohn.mcgauley@allensuperiorcourtms

For Court Use

Court action: Granted Denied J

 Allen Superior Court
Request for Recording of Court Proceedings By News Media

Date of request: 10/12/2023

Date/time of court proceeding (48 hours notice required): 10/19/2023 2:00 p,m_
Court/Ju'ige= Judge Fran Gull
C359 "umber: 08001-2210—MR—000001
As member of the news media (as defined by IC 34-46-4—1), request permission to broadcast or
a |

record a court proceeding in the case above using the following equipment (mark all that apply):

E Still photography (Please note if using cell phone, tablet or laptop): Cell phone by the photographer
MVideo/audio recording equipment: TV camera by the photographer
'

E] Audio only recording equipment:

Z Requestor is capable of providing a pool feed, if necessary

D A waiver of the 48-hour advance notice requirement is requested because:

|understand the judge has discretion to approve or deny this request for broadcast coverage; require
pool coverage; interrupt, limit, or terminate broadcast coverage at any time during proceeding if
deemed appropriate; determine location and quantity of broadcast equipment.

Iprf wphp WANE 15

Contact Name Media Outlet

(260) 450-1737 jeff.wiehe@wane.c'om

Phone number Email address

Email completed forms to John McGauley, Court Executive at 'ohn.rnc aule allensu eriorcourt.us

For Court Use

Court action: Granted

/ Denied—K
-34

Rae, Sh\\
You \ Swami x06"? k'f
0w\\\
 Allen Superior Court
Request for Recording of Court Proceedings By News Media

Date 0f requesr: October 12. 2023

OCtOber 19- 2023
Date/time of court proceeding (48 hours notice requiredf:

Court/Judge: Judge Fran Gull

C858 number: 08C01-2210-MR—000001
As member of the news media (as defined by IC 34-46-4—1), request permission to broadcast or
a l

record a court proceeding in the case above using the following equipment (mark all that apply):

D Still photography (Please note if using cell phone, tablet or laptop):

Video/audio recording equipment:

D Audio only recording equipment:

D Requestor is capable of providing a pool feed, if necessary

U A waiver of the 48-hour advance notice requirement is requested because:

lunderstand the judge has discretion to approve or deny this request for broadcast coverage; require
pool coverage; interrupt, limit, or terminate broadcast coverage at any time during proceeding if
deemed appropriate; determine location and quantity of broadcast equipment.

Maureen Mespell WPTA

Contact Name Media Outlet

260-471-9913 Mmespeil@wpta21.com
Phone number Email address

Email completed forms to John McGauley, Court Executive at iohn.mcgauleyQalIensuperiorcourtms

For Court Use

Court action: Granted M Denied

70m £045
OY\-\~J
 _.l Allen Superior Court
Request for Recording of Court Proceedings By News Media
.12
'51
Pet-MGM?!

Date-of request: /& -

I Z "—24; 3

Date/time of court proceeding (48 hours notice'required): / 0

-
/ '7' —.?05¢3
Court/Judge: SUAch Han (Pu/I
Case number: 036 d] 2 2/0 -M. Z 00000!
-- —

'
_ .'..-r J." Asa member of.the news media (as defined by IC 34-46-4-1), request permission to broadcast or
I

. record .a court proceeding in.the case above'uslng thefollowing equipment (markall that apply):

: 2E! Still photography (Please note if u'sing cell phone, tablet or laptop):

Wdeo/audio recording equipment:

El Audio only recording equipment:

.' ::_::' "'Efiaquestor is capable of providing a pool feed, if necessary

.- .: gsEl'Awaiverofthe 48-hour advance notice requirement is requested because:

- - -
.-
-
;- I-understahd the-judgehas discretion to approve or deny this request for broadcast coverage; require
..:. .: -: pool-coverage;:interrupt, limit, orteirminate broadcast coverage at any time during proceeding if
'-
-deemedtapp_ropriate; determine location and quantity of broadcast equipment.
-
_

off/9'5 9 7'1/
Jay/o 750mg;
Contact Name Media Outlet

_._c3-l7 2/352-4'flof newsdcsk@w*hr, cam

- Phone number Email address

"Email completed forms to John McGauley, Court Executive at iohn.mcgaulev@all'ensuperiorcourt.us

For Co'urt Use

Court action: Granted \/ Denied

Qoo\ W9
0Y\\-\
 Allen Superior Court
Request for' Recording of Court Proceedings By News Media

Date of request: /0 [Z -.2033

-'

Date/time of court proceeding (48 hours notice required): /0 —3 I «770.15

Court/Judge: J Uoij& Fran (I U//
case number: 03 ca} Z. Z/a -me
— —- 00.900 1

"
—:"_'~;-:.". .'Asaamemberbfithe neWs-media.(as defined by IC 34-46-4-1), i request permission to broadcast-or
. ."_!:ecord a court proceeding in'the case above using-the following equipment (mark all that apply):
.

' *'
2' ,El'Stjllzphotography (Please note if using cell phone, tablet or laptop):

[flaw/audio recording equipment:

El Audio only recording equipment:
"
:.:-..::.::' IE'Re/questor is capable of providing a pool feed, if necessary
-

::.:.;:El'A waiver_of_.the 48-hour advance notice requirement is requested because:

- -

'
-

:I understand thé:judge.has;d_iscretion to approve or deny this request for broadcast coverage; require
z; :: 'pool cove'rage;'.interrupt, limit, pr'terminate broadcast coverage at any time during proceeding if
~

'
__ - . ._ deemed appropriate; determine location and quantity of broadcast equipment.

_-K//€ ._//A_amq_6 _
. WTfiL/Z _
'fi/
". . Contact Name Media Outlet

_
3 ) 7 9392' "/'flef' an5JC'5Ké "ff/1r. [an/l
_ -. .Ehone number Email address

..E'm'ail completed forms to John McGauley, Court- Executive at ioh'n.mcgauleyQall'ensu_9eriorcourt.us

For Court Use

Coilrt action: Granted '\/ Denied

Qoo\ Qua
on\
 Allen Superior Court
Request for Recording of Court Proceedings By News Media

Date of request: {0 -
l '5' 702 3
Date/time of court proceeding (48 hours notice required): (0- I! -'J. 5 9.9:». fix", "hr-u:
Court/Judge: A\\ an (bull (Gm-d! ("-3 cu: M luv-L

Case number: 080.0 1; 22m ink-0000i -

Cmoll CW" '3, W
As a member of the news media (as defined by IC 34-46-4-1), request permission to broadcast or
I

record a court proceeding in the case above using the following equipment (mark all that apply):

[I] Still photography (Please note if using cell phone, tablet or laptop):

B'ideo/audio recording equipment:

El Audio only recording equipment:

. El Requestor is capable of providing a pool feed, if necessary

E] A waiver of the 48-hour advance notice requirement is requested because:

Iunderstand the Judge has discretion to approve or deny this request for broadcast coverage; require
pool coverage; interrupt, limit, or terminate broadcast coverage at any time during proceeding if
deemed appropriate; determine location and quantity of broadcast equipment.

Contact Name
M'I' War- UF'F—r
Media Outlet
iEfS—S'
1.12260 -'~!o'l - $1: a
w- 403- 49; -iooe A- \4 . l-
'
.

Phone number Email ad ress

Email completed forms to John McGauley, Court Executive at [G 1-'.fid_u|_f£_\'€5i3_li€:i'l§uwith}: r

For Court Use

Court action: Granted \/ Denied

Qoo\
on\~l
 -3.6 " . d

'% Allen Superior Court

Request for Recording-of Court Proceedings By News Media

Date of request:- L0 I I"3[~'-'I 23

Dateftime of court: procgedlng'M'a hours notice required):' IOIICI
'
(11' l'flflfih
'

.
.."-.1"- GWJIL
111

-ngrt{Judge:.,JUCLWIF'YUAX-CW
Case mum-Her: O=§-CO'1'~.27;IL U: "Eli-UM fix» MUN
--'r.'fl.'_L'+U})'0i'1if-).'..,
EW'CfiIimilaim
As a 'm'em'ber of tha néWs m'e'dla' Iasdefi'nedsby IG:_34-4é—4-'1)', l' refiues't' pgrmissioh to broagjeast ér'
record a court praceéding; in the case-abOVe u'sing' the followihg- equipméntImark all that-apply):

Ij.SIII| photog'ra'p'hMPl'eaSe fioté if'flsingcell phon'e, tablet-d? laptop): _

$3Vidéo/audio.'fiétordIn'gx-éqizip_m¢'fit:

DAud'Io pn'ly_reggrding equipment:

1,159,- LUy
1:
IL .W -5
'I'Ilnéliéléi MI'A'LWQEJTMQ

._El Reg u'es_t0r Essa pab'le 'of providing-a pool feed, if dece'Ssary

III-A-waiVer (if the 48-hour advan'c'e notice requirement is requ'ésted 'because:

I
und,e,rstand.the Judge-.has discretion t9 approve qr-deny'thjs request.for broadcast coverage;. require
poqmoverage; int'érrupt; limit, dr'terrriifiate firoadqast coverage at. ény-time during prqge.gding'if
daemieds'a pp'rbpriate"; .de'tér'rnirié'loc'atiow a'h d "goantity'of'broadcagt 'e'quipméfrt.

J'mwr' '8'ka ©.N:€,u:6.$

ContactNamé Media .OuIlet

" 55W
%IL*'H 5L3 Jamar-rid. SfM'ithliBC'- cairn
Phoné number Email address

Emailpomfileted forms? ftb 3o,h"r'l- MbGauley;"Cbufl E'xecutiile at 3wa n.-m.cg'aLgie yasjfiaitwu nerlgrca1Jr-t.-us

For Court Use

Court aciign: Granted_ ;( Denied"

W
.

Q00\
on
\-I
 7'

{/3

:-

October 13, 2023

The Honorable Frances Gull

Allen County Superior Court Criminal Division
715 Calhoun St.
Fort Wayne, lN 46802
700 W. Jefferson Street

Re: IN V Allen {08001-2210-MR-000001)

DearJudge Gull:,

On behalf of Court TV, this application is submitted for permission to televise and livestream the
hearing in the above-referenced case scheduled for October 19, 2023.

In our experience, we-have found that the use of multiple cameras provides-for the least
intrusive and most accurate means of covering a trial. Therefore, Court TV seeks permission to
place at'least two cameras in the courtroom. Our equipment is compact, stationary and quiet,
and requires no enhanced lighting. The cameras are placed where they cannot film jurors.

Court TV also proposes to place a sufficient number of microphones to accurately depict the
court proceedings. Court TV only broadcasts statements made by an attorney, witness orjudge
in open court. We have well—developed safeguards in place to protect against inadvertently
recording privileged conversations.

Court TV is willing to work with the Court and its staff regarding the placement of cameras and
microphones, and will abide by any and all instructions issued by the Court regarding camera
' ' '

coverage.

Court TV is also prepared to cooperate in a pooling arrangement with other media entities
whose application to broadcast the proceedings may be granted. We would agree to operate
the cameras and serve as the pool feed for other media outlets that are on—site, including local
' '
"

television stations.

'j
'

_'
|

_Qoo\ guéowxk'
w no
, Qwyflb/uafl
no Xmaswmw
We Would appreciate that any written objections to this request be served upon us and tiiat We
are notified of any hearings regarding media coverage of this matter.

Inthe meantime, please contact me at 470-355-8671 if you have any questions or need
additional information about this request.

Respectfully submitted,

]anet Mo Goa/an
Janet McGowan
Assignment Editor, Trial Coverage
470-355-8671 (office)
404-308-0489 (mobile)-