Media group condemns handcuffing of New Orleans journalist

RCFP urges courthouse to hear objections before future closures

The Reporters Committee for Freedom of the Press said the handcuffing of a New Orleans journalist and a station attorney during their work in early July was “outrageous” and conveyed “a chilling message to members of the press and the public” for which there is no excuse. RCFP attorney Virginia Hamrick made the assertions in a 5 August letter to the New Orleans criminal district courthouse, where deputies temporarily detained WWL Louisiana investigative producer Danny Monteverde and outlet lawyer Elana Beiser.

Monteverde and Beiser, whose station is a reporting partner of The Guardian, were trying to object to Judge Leon Roche’s closure of the courtroom where a grand jury had handed up an indictment against state attorney general Liz Murrill, on accusations that she had threatened the jobs of Democratic New Orleans officials who fought a Republican-led overhaul. Hamrick’s letter contended that there were “no findings justifying closure” and urged the courthouse to “properly hear and consider objections of the public and the press before any … proceedings are closed.”

“Refrain from detaining reporters (or their counsel) who are simply exercising their constitutional rights,” the letter continued, adding that such “outrageous actions send a chilling message to members of the press and the public who may seek to object to closure in the future.” Hamrick wrote that “members of the public – including journalists – should not fear being hauled away in handcuffs merely for asserting these basic rights,” saying open access to court proceedings “informs the public, ensures an accurate portrayal of proceedings and promotes government accountability.”

The letter addressed Roche’s argument that he closed the courtroom — outside which Monteverde and Beiser were handcuffed — in order “to protect grand jurors’ safety and anonymity.” Hamrick said “such concerns do not warrant the closure of a courtroom without hearing objections to such closure,” adding that “there is no excuse for deputies to handcuff reporters and counsel asking to be heard.”

Hamrick also offered the courthouse “comprehensive and collaborative training regarding the importance and legality of access to judicial proceedings” from the RCFP, whose steering committee members include former Washington Post editor-in-chief Marty Baron and Atlantic editor-in-chief Jeffrey Goldberg.

The detentions came after months of political tension between Louisiana Republicans and New Orleans Democrats over a law that eliminated a court clerk position won in an election by Calvin Duncan, who spent nearly three decades in prison in connection with a murder he was exonerated of having committed. New Orleans leaders opposed the elimination of the office, which was consolidated with another post, and unsuccessfully attempted to schedule an election that would have given Duncan a chance to win the consolidated clerk job. Amid that politicking, Murrill issued letters to New Orleans officials warning that their offices could be taken from them for purportedly violating state “usurper” laws, which prohibit supporting an unauthorized officeholder.

A grand jury then voted to return an indictment against Murrill charging her with intimidation and malfeasance. Louisiana law requires grand jury returns to be made in open court, so when Roche moved to clear and close the courtroom where Murrill’s indictment would be returned on 2 July, Monteverde and Beiser protested. The courtroom was nonetheless emptied and closed, and deputies ordered the pair to leave the courthouse — a public building — entirely, temporarily handcuffing them after they protested again.

WWL said in a 3 July statement that “no … journalist should be detained for seeking transparency or asking questions about access to a courtroom, particularly when state law provides for proceedings to occur in open court.” Roche later indicated in court filings that he never instructed deputies to “detain any members of the media.” The sheriff’s office, which provides courthouse security, said its deputies “acted in accordance with the directives they received” to protect grand jurors and other proceeding participants.

Louisiana’s state supreme court put the case against Murrill on hold almost immediately, ruling that procedures surrounding the indictment had not been properly followed. A special prosecutor brought in to handle the case dismissed it on 22 July — a day after New Orleans district attorney Jason Williams, mayor Helena Moreno and five city council members urged her dismissal in a letter. That letter said “the people of New Orleans are not served by this prosecution, which continues to alienate the city from the rest of the state and distract from the important work we have ahead.”

Murrill responded to the dismissal by saying: “What I did was not a crime – it was never a crime. I think this was a malicious prosecution.” The Guardian, which sought comment from Lombard, Roche and WWL, reported the case with the Associated Press contributing reporting.