[F]ederal prosecutors have filed a formal motion supporting VTDigger’s objection to the closing of the courtroom to the public during a pretrial hearing last week in the death penalty case against accused killer Donald Fell.
Judge Geoffrey Crawford closed a hearing to the public and press last Wednesday over concerns that potential “volatile” testimony from a prison informant could “taint” the jury selection process, which kicked off Tuesday and is expected to last several weeks.
Fell is facing capital charges in the November 2000 carjacking and beating death of Terseca King, 53, of North Clarendon, according to court records.
VTDigger filed a hand-written motion objecting to the closing of the courtroom last week, and the U.S. Attorney’s Office in Vermont, which is prosecuting Fell, filed a motion in support of the news organization’s position.
“In this case, which has played out in the courts and the press for over seventeen years, the government is not convinced that the defense has shown a ‘significant risk of prejudice to the defendant’s right to a fair trial’ from further coverage of the matter,” First Assistant U.S. Attorney Kevin Doyle wrote in the filing.
“The current order excludes, among others, family members of victims who have steadfastly followed the court proceedings for nearly two decades,” Doyle added. “If the Court believes it must evaluate the reliability of witnesses prior to their taking the stand about personal interactions with the defendant, this sort of unprecedented hearing should be open to the public. The government continues to oppose the closure of the courtroom.”
Doyle also wrote that the closure of the courtroom is not something that should be taken lightly, and only after a “showing of a significant risk of prejudice to the defendant’s right to a fair trial or danger to persons, property or the integrity of significant activities entitled to confidentiality.”
He then added, “The defense has presented nothing more than bare assertions to support closure at this time.”
Fell’s attorneys did not submit a filing in support of closing the courtroom for the hearing and did not make any arguments in open court. Instead, they said they were relying on arguments made earlier during a closed door meeting in the judge’s chambers prior to the hearing.
It’s unclear what, if any, steps beyond the filing of a motion the federal government will take in light of the hearing already having taken place behind closed doors.
VTDigger is exploring the possibility of seeking the public release of the transcripts of the hearing as well as the chamber’s meeting.
Vermont does not have the death penalty. However, because King was abducted as she arrived to work early one morning at a supermarket bakery in Rutland and was killed in New York state, federal prosecutors took jurisdiction. Fell’s defense has been unsuccessful in multiple attempts to take the death penalty off the table as a possible punishment.
Fell’s trial in the case is expected to begin in early November.
This will be the second trial for Fell. He had been previously convicted and sentenced to death. However, due to juror misconduct that conviction and sentence were overturned.
An alleged accomplice of Fell’s, Robert Lee, was also charged with capital offenses. But, before he could be tried, Lee died in prison.
