The judge presiding over the criminal case against Pierce County Superior Court Judge Michael Hecht closed a courtroom to the public Monday after a News Tribune reporter and the newspaper’s lawyer showed up to observe a key state’s witness answer questions before a video camera.

Witness Joseph Pfeiffer’s recorded responses may be shown to a jury should he not show up to testify in Hecht’s October trial on charges of harassment and soliciting a prostitute. Hecht’s pleaded not guilty.

Assistant state attorney general John Hillman wrote in court documents filed previously that Pfeiffer sold sex to Hecht on a number of occasions last year and early this year. That alleged conduct is the basis for the soliciting charge.

Last week, King County Judge James Cayce ordered Pfeiffer to answer questions before a camera because he and Hillman were concerned that Pfeiffer might not show up to testify in person. A material-witness warrant was issued for Pfeiffer’s arrest this summer when Hillman learned the witness intentionally was ducking a subpoena demanding his testimony.

Hecht had been scheduled to go to trial earlier this month, but Cayce granted a postponement so authorities could try to find Pfeiffer.

He was arrested last week and held in jail until his testimony could be recorded.

The recording began about 9 a.m. Monday with Hillman questioning Pfeiffer and Hecht’s attorney, Wayne Fricke, then cross-examining him.

Cayce agreed at that time to wait and see if any members of the public showed up before making a formal ruling on closing the hearing. The judge allowed the door to the courtroom to remain unlocked and decided not to post “closed hearing” signs on the door, Hillman told the News Tribune outside court.

No one from the public showed up until about 1:30 p.m. when the News Tribune reporter and the newspaper’s attorney walked into the courtroom. The reporter mistakenly thought the recording of Pfeiffer’s testimony was to begin at 1:30 p.m.

Fricke, who was still questioning Pfeiffer, immediately stood up and asked Cayce to close the hearing.

Hillman did not object.

Cayce then allowed the News Tribune’s attorney, James Beck, to state the newspaper’s case.

Beck argued that proceeding should be open to the public since it was being held in a courtroom with the judge present.

Cayce wore his robes, and, according to Hillman, made rulings on the lawyers’ objections during the recording of Pfeiffer’s testimony.

Cayce should at the very least hold a formal hearing on whether to close the proceeding, Beck argued.

“I think you’re wrong,” the judge replied. “You can appeal.”

A judicial assistant posted a “closed hearing” sign on the door once the reporter and Beck left the courtroom.

News Tribune publisher David Zeeck said the newspaper is considering whether to challenge Cayce’s decision at the appellate level.

Fricke said outside court that Cayce made the right decision.

Pfeiffer’s recorded testimony only will be used if he doesn’t appear to testify at trial. The comments recorded Monday will become a matter of public record then, Fricke said.

Hillman called the proceeding “an unusual situation” because the judge was present and the recording was made in a courtroom. Most so-called “preservation hearings” he’s been involved in were performed in a conference room without a judge there, Hillman said.

Cayce later re-opened the courtroom for a bail hearing in which he released Pfeiffer on his own recognizance.

Adam Lynn: 253-597-8644
adam.lynn@thenewstribune.com
blog.thenewstribune.com/crime