Judge Joe McCarville at Tuesday’s hearing
HUTCHINSON, Kan. – Reno County District Judge Joe McCarville late Friday issued his written opinion on whether to allow the affidavits in the case against five teens accused of making threats against Hutch High unsealed.
The defense attorney’s had argued against them being unsealed after some area media outlets requested them. The affidavits are presented to the judges by law enforcement to allow them to serve search warrants in the case.
They argued that disclosure could jeopardize their clients right to a fair trial by tainting any jury pool.
But, Judge McCarville says in his written opinion, “the affidavits do not tend to sensationalize the cases, do not tend to appeal to passion or even emotion and must in fairness be characterized as containing factual allegations.”
He goes on to say, “the mere disclosure of facts does not necessarily drive a finding that the members of the public will be able to recall the facts at a later time or that they would, even if able to recall facts, be unable to set aside that information if called to serve on a jury.”
He says he’s was unpersuaded that the disclosure of the affidavits would likely prevent the teens from being able to have a fair trial in Reno County.
It was Tuesday when four of the five defendants and their attorneys were in court over this issue.
The five teenagers are accused of conspiring to carry out a shooting at Hutchinson High School with the state stating that the five had posted the threats on their Facebook page called “KYOD,” which stands for “kill yourself or die.”
Dominic Collins, Tyler Cabral, Jacobsen Eells, Takoda D. Bowman and Andre R. Harris are charged with solicitation to commit first-degree murder and criminal threat. They were arrested in April after Hutchinson High School officials were alerted to postings on Facebook that threatened a mass murder at the school. They have all been held in juvenile detention since their arrests.
The cases are pending future hearings in juvenile court.