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Speaker 1: All right.

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Speaker 2: Also, I know we discussed the issues here. I don't

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know if you would want to see anything else for

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the record regards to your your request, if.

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Speaker 3: I might very briefly, your honor again, as I indicated

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to the court on the record at sidebar, and to

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Miss Sprague and Miss Buckingham and mister Reddington, thank you,

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first of all, Judge for the opportunity to be heard.

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As everyone is aware, I'm not here as a lawyer

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representing the Commonwealth. Neither am I here as a lawyer

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in any way representing the defendant, and on behalf of

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Patrick Clancy, the father of the three child victims in

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this case, he recognizes, and I recognize on his behalf,

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that he has no authority, no standing, and no intention

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of suggesting this court or to the attorneys how to

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try their case, how to conduct direct or cross examination,

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and perhaps most importantly, what evidence or exhibits should be

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introduced during the trial. Mister Clancy, respectfully, Judge, is not

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seeking to close the courtroom at any time during the trial.

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Mister Clancy is not seeking to address the admissibility of

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any evidence or to exclude any evidence from the jury,

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and he's not in any way seeking to prejudice the

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Commonwealth or the defendant in any way. What mister Clancy

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is seeking, through counsel, your honor, respectfully, is to restrict,

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in a very limited way, the display and access to

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certain specific limited items of evidence and exhibits at trial,

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to the jury, to the court, to counsel, to the

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court reporter, to the session clerk, to the court officers,

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that is, the necessary parties who will be involved in

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trying the case. And I, respectfully, Judge, I suggest that,

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pursuant to the so called Massachusetts Victims Rights Bill and

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other statutes and cases with which the Court is familiar.

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As a victim, as a family member of the three

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victims in this case, mister Clancy respectfully has an opportunity

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and a right to be heard through me or through

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his council, I suggest to the Court that certain items

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of physical evidence or certain exhibits ought be restricted from

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dissemination and distribution, quite frankly locally, nationally and internationally, as

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is the case in this day and age, and for

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purposes of this hearing, Respectfully, Judge, I would ask the court,

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and I would ask that the record reflect that the

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recording of the so called nine to one one call

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allegedly made by mister Clancy be marked or be included

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as as an exhibit for purposes of this particular request.

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I would also ask, respectfully, Your Honor, that any photographs

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of the three victims in this case, whether taken prior

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to the alleged incident, whether so called scene images, whether

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photographs or video recordings of the three victims, or any

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so called autopsy related photographs of the victims, be marked

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for purposes of this hearing. Likewise, Your Honor, respectfully, I

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would ask on behalf of mister Clancy that the clothing

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being warned by the three victims during the course of

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the alleged incident also be reviewed by the Court and

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marked his exhibits. And Lastly, your Honor respectfully, given the

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background that I summarized for the Court and Council on

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the record at sidebar, I would ask that the material

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that I have submitted to your Honor from Patrick Clancy

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and correspondence that I've shared with both the prosecution and

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the defense and the Court and have submitted to your

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Clerk be also marked as an exhibit, and that it

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be subject to the motion to impound, which I have

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filed on behalf of mister Clancy, given the nature of

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that correspondence. In short, your Honor, I am asking that

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based on the law, based on your Honor's ability under

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the rules of impoundment and specifically the rules I understand

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it on behalf of mister Clancy, and is cited by

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your Honor in your initial order, which I believe is

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dock at number one eleven entitled Order pursuant to Supreme

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Judicial Court Rule one one nine, that your Honor does

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have the discretion to limit certain recording and certain transmitting

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of proceedings during the course of a trial, and specifically,

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as your Honor knows that rule. Supreme Judicial Court Rule

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one one nine, entitled Electronic Access by the news media

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to court proceeding, states in one part that a judge

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may limit or temporarily suspend such access by the news

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media if it appears that such coverage will create a

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substantial likelihood of harm to any person or other serious

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harmful consequence, and the Supreme Judicial Court rule goes on

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to say a judge may impose other limitations necessary to

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protect the right of any party to a fair trial,

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or the safety or the well being of any party,

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witness or jury. I suggested to the Court that under

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those provisions, upon reviewing each of those four different categories

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of potential evidence and the correspondence from mister Clancy, that

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certain limiting rules should be adopted by the Court and

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imposed on the media in this case. Lastly, Judge I

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refer the Court respectfully to two specific cases in the

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Commonwealth which respectfully did not rise to the level of

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the extraordinary nature and facts in this case. One of

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which Judge was a case involving the alleged sexual assault

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of a young child which was tried in Middlesex County

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several years ago, and after the conviction and after the case,

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a private documentary filmmaker sought access to the recordings of

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the witnesses who testified in court, and ultimately the s

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JAC found that the trial court's conclusion that the privacy

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interests and the emotional harm to the victim and her

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family outweighed the First Amendment right of the media or

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a documentary film member to get access to the actual

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recording live voices in the courtroom, and instead the s

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JAC Justice Gantce indicated that the proper mechanism, given the

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circumstances of that case was to allow the documentary film

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member or the media access to the transcript, that is

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the written word. Likewise, in that case is Commonwealth versus

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Winfield W I N F I E L D. Similarly,

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your honor, I respectfully direct the Court's attention on behalf

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of mister Clancy to a case tried in Essex County

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Commonwealth versus CHISHOLM H I S M, in which then

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Trial Judge Lowe heard emotion to suppress when a there

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was a videotape and a recording of a defendant statement,

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and ultimately the media sought access to the videotape statement

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to disseminate and distribute outside the courtroom, and the s

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JC ultimately upheld Justice Lowe's decision at the trial court

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level to allow the media access to a transcript of

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the videotape and a transcript of the defendant statements, but

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not the actual videotape. Given that precedent, given your honors discretion,

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given the spirit of the Supreme Judicial Court rule that

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applies to the electronic recordings of proceedings in your courtroom,

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I end as I began and asked the Court on

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behalf of mister Clancy, that certain limiting instructions to the

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media would be appropriate with respect to the nine to

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one one recording of mister Clancy's voice, certain photographs of

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the three trial victims, and the clothing worn by the

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three trial victims in this case, and again on behalf

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of mister Clancy, I thank your Honor for the opportunity

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to be heard.

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Speaker 2: BI Counsel, Thank you, Trudy Spray, Thank you Honor.

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Speaker 4: With regard to the nine one one call, Your Honor,

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I believe it's a public record available on a public

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records request, but I would defer to the court in

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terms of how you want to restrict publication of the

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nine one one call during the trial or they are after,

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as long as the come Wealth is still allowed to

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show or play rather the recording for the jury, as

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the Court has previously allowed that motion. Regarding photographs the children,

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we had already addressed the autopsy photographs. The Commonwealth was

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going to request impowerment of those, and we would agree

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that they should not be broadcast or photographed in any way.

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Crime scene photographs. The children had already been removed from

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the home when the crime scene photographs and video were taken,

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so they will not appear in those photographs. The only

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blood in those photographs would be the purported blood of

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the defendant in the bedroom and on the exterior of

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the home, and then a small amount of blood from

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Core in the basement. In terms of pre incident photos,

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there has been mass publication of photos of the children already,

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but I would defer to the court on that as well.

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And regarding the clothing of the victims in this case,

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the clothing would be a shirt and pants that Dawson

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was wearing, pajamas and a bathrobe that Core was wearing.

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There's a small amount of bodily fluid on the pajamas

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and then pajamas that Callen was wearing. But although some

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of the material has been cut as they were cut

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away from the children as ems were working on them

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trying to save them, there's nothing there's nothing about the

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clothing that I think would just the need for restriction

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of publication of those items. So that's the Commonalts opinion.

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Speaker 2: All right, Council, thank you. At Treaty Readington, it's called

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Savis Bade Judge.

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Speaker 1: I have been in this court every time we've had

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pre trial hearing, indicating to the court that the circumstances

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of the death is not in dispute. The circumstances of

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this horrific act are not in dispute. Repeatedly, the government

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has argued that they have a right to try their case,

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to present their revidence. Sure they do. But you know,

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even though we're in a court, let's talk a little

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bit about humanity. Let's talk a little bit about how

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we should try this case. I have indicated repeatedly that

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we stipulate to every piece of evidence that they want.

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I have respectfully objected to you with the introduction of

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the stuff going into the trial. I understand you're ruling,

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and quite frankly, it makes sense you're trying your case.

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What I can't fathom is the district attorney's intent to

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put a circus in front of this jury that's calculated

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to just inflame the passions of the jury, repeatedly placing

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in evidence items such as having Patrick Clancy, who's a

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young man who has suffered one of the worst tragedies

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that anyone could ever suffer. How that guy is still

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an emotional not an emotional basket cases beyond me, and

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he has been. But nevertheless, he is trying hard to

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move on with his life. He has, as the court

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is aware, they're divorced, he's remarried, he has a family,

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he has his extended family. You're unheard statements, and I

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know for a fact that it's true that his family,

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totally innocent people have nothing whatsoever to do with this case,

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are being harassed daily by news media, The New York

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Post and all the rest of these types of salacious

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news media. Outside the door. This is his family. Some

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of them are in California. They have nothing to do

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with this case, but nevertheless they are being hounded by

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the media. And the district Attorney wants to put that

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guy on the witness stand and show little onesies with

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bodily fluid of his child, and they want to have

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him stand there. Oh, they're going to let him stand

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in the hallway while we listen to the nine one

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one call.

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Speaker 2: This is ready to nets. That's another issue. That's another motion.

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The question we have right now, respectfully, is mister Meyer's

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request as to how we should deal with this regards

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to the media.

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Speaker 1: I agree with mister Meyer's request, as I told you

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with the cybbar, I think it's very appropriate. I think

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he argued it effectively. I think that your runner is

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well aware that you have the authority under the s

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JC rules to enter limiting orders if you will as

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to publication as to what media can publish, what photographs

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they can look at and report. And I agree with

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what he had indicated to you in his agument. All right,

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all right, but I still want to say that I

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think it's reprehensible the way the government is trying this case.

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Speaker 4: If I may, I'd just like to say that I

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don't understand why Defense console would want to brush past

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what happened to these children, whitewash away. Here's something else.

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Speaker 2: Here's what we're going to do. We're going to add

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that now, all right, this he.

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Speaker 4: Gets an opportunity to say it.

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Speaker 2: No, I stopped that, And if you want to address

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that in a different way, then we've got another motion

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in about five minutes that we're going to probably be

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talking about that. So let's talk about that. Then this

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is a you know, I let counsel go and think

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it was going to wrap back up, and I didn't

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see that it was going to wrap back up in

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regards to UH the request. So that's why I stopped it,

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all right, this is not accomplishing anything in regards to

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the question of access to these four pieces of evidence.

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So I've got everybody's position, I've heard the arguments from counsel.

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What I'm going to do is I'm going to take

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it under advisement and then what I'm going to do

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is issue in order probably tomorrow morning. And the parties know.

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I've listened to the tape, that nine one one tape.

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I have looked at the autopsy photographs. I have looked

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at a crime scene video, which I imagine is where

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the crime scene pictures will come from. And so I'm

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familiar with the universe of the evidence that we're dealing

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with right now. I want to take tonight go over

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the arguments from part That's why I'm stopping a little

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bit everybody. I just wanted to be focused on that issue.

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So I'm going to take this matter the request of

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mister Clancy under advisement and will be issuing in order

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in regards to that request sometime tomorrow morning. All right,