The News Tribune on Tuesday asked the Washington State Supreme Court to order the judge presiding over the criminal case against Pierce County Superior Court Judge Michael Hecht to make available to the newspaper a copy of the video-recorded deposition of a key state witness.
Attorneys for the newspaper wrote in pleadings filed with the state’s high court that King County Superior Court Judge James Cayce erred Monday when he closed a portion of the deposition of witness Joseph Pfeiffer to the public without first conducting a hearing and making formal findings about why he did so.
What’s more, the majority of Pfeiffer’s testimony was taken before Cayce formally closed the courtroom, which makes that portion of it a matter of public record, attorneys Bill Holt and James Beck of Gordon Thomas Honeywell argued on behalf of The News Tribune.
They also asked the Supreme Court to require Cayce to hold a formal hearing should he decide he wants to close a portion of the proceedings in the future. The newspaper’s attorneys requested an emergency hearing before the high court to argue the News Tribune’s position. The Supreme Court had not granted a hearing at press time.
Hecht is scheduled to go to trial on charges of harassment and soliciting a prostitute Oct. 12. He’s pleaded not guilty and has said he’s the victim of a political vendetta by supporters of the man he beat to attain his seat on the bench, former Judge Sergio Armijo.
Cayce closed the courtroom about 1:30 p.m. Monday when Beck and a reporter for The News Tribune entered to observe Pfeiffer’s testimony. Assistant attorney general John Hillman, who is prosecuting Hecht, wrote in previously filed court documents that Pfeiffer sold sex to Hecht on a number of occasions. That accusation is the basis for the misdemeanor soliciting a prostitute charge Hecht faces.
No one else from the public had tried to enter the hearing – which began about 9 a.m. – before then. The newspaper’s reporter had intended to observe all of Pfeiffer’s testimony but mistakenly thought it was to start at 1:30 p.m.
Cayce previously ordered Pfeiffer – who was reported to have been ducking a subpoena – to submit to questions before a camera to preserve his testimony should he not show up for Hecht’s trial.
Beck argued Monday afternoon that Cayce should hold a hearing pursuant to the requirements set forth in Seattle Times Co. vs. Ishikawa, the landmark case governing public access to courtrooms in Washington. The Ishikawa ruling requires judges, before they close courtrooms, to balance the rights of defendants against the public’s right to observe court proceedings and to consider alternatives to outright closures.
Cayce said Monday that Pfeiffer’s deposition was akin to one taken in a private law office and Ishikawa did not apply.
Holt and Beck argued in their pleadings that Ishikawa did apply because Pfeiffer’s testimony took place in a public courtroom with the judge presiding.
“Most importantly, the Ishikawa opinion states unambiguously that its standards apply to all courtroom closures: ‘Each time restrictions on access to criminal hearings are sought, courts must follow these steps,’” the newspaper’s attorneys wrote.
Adam Lynn: 253-597-8644
adam.lynn@thenewstribune.com
blog.thenewstribune.com/crime
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