FORT SMITH - A Sebastian County Circuit Court judge is scheduled to hear arguments this morning on a request to prohibit pretrial publicity in the capital murder case of a man charged in the machete slaying of two men.
Judge Stephen Tabor last week ordered that prosecution and defense attorneys in the Gregory Aaron Kinsey case be barred from commenting to media organizations on the case. The order extended to all law enforcement agencies, the Arkansas Medical Examiner’s office and Arkansas state Crime Laboratory, according to court records.
According to the circuit court docket, Tabor ruled after the July 17 hearing that he would review the case investigative file and hold another hearing at 11 a.m. today on whether he will grant the motion to seal the records.
Attorneys representing the Arkansas Democrat-Gazette, Stephens Media newspapers, the Southwest Times Record in Fort Smith and the Van Buren Argus-Courier, and KHBS/KHOG television sent letters to Tabor Monday arguing that he should reject the motion to seal the records.
The attorneys did not dispute Tabor’s order to bar attorneys or law enforcement agencies from commenting on the case.
Writing for the Arkansas Democrat-Gazette, Little Rock attorney Philip Anderson said the newspaper realizes Kinsey has a right to a fair trial before an impartial jury of his peers.
But “The nature and extent of the news coverage of this case does not justify the sealing of the state’s investigative file,” Anderson wrote.
John E. Tull III, writing for Stephens Media and KHBS/KHOG, said Tabor had alternatives to sealing the files, such as change oftrial venue, postponement of the trial, searching questioning of prospective jurors and sequestration of jurors.
The attorneys also argue that Kinsey’s attorneys have not provided evidence to support their claims that media reports have or would prejudice their client’s right to a fair trial or that sealing the records would protect his rights.
Kinsey’s court-appointed attorneys filed a motion July 3 asking Tabor to prohibit attorneys and agencies from commenting to reporters on the case and to seal the file to prevent publicizing the contents of police reports on the murder investigation.
Several stories have appeared in print and in broadcasts about the murder and investigation that have contained graphic details about what the police say happened.
Kinsey’s attorneys argued in the motion that comments by police about the case and the release of police reports on the case were likely to prejudice Kinsey’s right to a fair trial. The motion stated a police officer was quoted in the media as saying Kinsey was “absolutely responsible” for the death of the two men and characterized him as evil.
In a response to the motion July 5, Prosecuting Attorney Dan Shue stated that once a criminal investigation is completed, records pertaining to the investigation must be disclosed under the Arkansas Freedom of Information Act.
He stated in his response that he sent notices of the defense motion to the Fort Smith Police Chief Kevin Lindsey and Crime Lab Executive Directors Kermit Channell. In the notice to Lindsey, Shue reminded him against officers making “extrajudicial comments” that could inflame feelings against the accused.
According to police records, Kinsey, 20, who is charged with two counts of capital murder, admitted using a machete to hack to death Nathan Young, 32, and Brandon Prince, 39, after they confronted Kinsey on the evening of June 26 in the 1600 block of North D Street because they thought he looked suspicious while walking down an alley.
Kinsey told police he swung at the men to make them back off, then couldn’t stop himself from continuing to slash at them, the records show.
Northwest Arkansas, Pages 7 on 07/23/2013