Girl's death: Judge weighs fair trial, public's right to know
EUGENE, Ore. -- An attorney for the state's largest newspaper asked a judge to unseal documents in the case of Jeanette Maples, the Eugene teen whose parents are charged with her murder.
The arguments hinge on whether or not the documents should be available to the public now that Richard and Angela McAnulty have been indicted for murder -- or whether pre-trial publicity could jeopardize their right to a fair trial.
Judge Mary Ann Bearden did not rule on the motion Friday.
"It is extremely important that the defense is able to get a fair trial in a very difficult case that's going to get a lot of publicity and already has," Judge Bearden said.
She gave the defense team for McAnulty until 5 p.m. to decide whether to bring another witness on pre-trial publicity. A ruling on the motion would come after that testimony.
The Oregonian filed the motion in an effort to unseal search warrant documents. Attorney Charles Hinkle representing The Oregonian said these documents are typically kept sealed for a period of time but rarely after a defendant has been indicted. He argued that the balance of disclosure versus secrecy has shifted, and that the time has come for the information to be made available to the public.
Oregon law presumes open courts, not secret courts, he said. Prosecutors need to justify why there is a need to keep the documents sealed any longer, he said.
Erik Hasselman from the Lane County District Attorney's Office said the investigation is ongoing and to release this information could complicate and extend the entire process, especially when picking a jury.
The defense team for Richard McAnulty agreed with prosecutors, arguing that release of the information would lead to pre-trial publicity and difficulty in finding an impartial jury. The defense wanted to call witness Ralph H. Smith to testify on pre-trial publicity. Bearden gave the defense until 5 p.m. Monday to decide whether to bring Smith to testify.
Judge Bearden said beyond the issues of fair trial and the ongoing investigation taht the case involves other children who were living in the home at the time.
Maples died Dec. 9 after someone in her home called 911 to report she was not breathing. Her mother and stepfather, Angela and Richard McAnulty, are charged with her murder. According to court documents, Maples died "in the course of, or as a result of, intentional maiming and torture of the victim."
In an initial report, the state's Department of Human Services said only one of four reports of alleged abuse was investigated, saying the agency's policies were not followed. "We knew this was a high-risk family, they had a past history of child abuse and child neglect and we didn't adequately take that into consideration," a department spokesman said.
Richard McAnulty (below) was in court. Angela McAnulty did not appear in court Friday.
