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Saturday, October 16, 2004

Court rules media wrongly barred from murder trial hearings



The Associated Press

FRANKFORT - The public and media were improperly barred from two hearings last month in a murder case in Scott County, the Kentucky Court of Appeals has ruled.

The Thursday ruling makes available transcripts of testimony given last month in the hearings and sets aside a gag order in place since early April that has prohibited officials from discussing the case.

Roger McBeath Jr., 22 faces is charged with murder and tampering with physical evidence in the death of his former girlfriend, Ashley Lyons.

Lyons, 18, was found shot to death in her car in a Scott County park in early January. She was five months pregnant.

In one closed hearing last month, prosecutors questioned a woman who had dated McBeath. The other closed hearing was held on whether to allow the testimony of an informant who was in the Scott County jail with McBeath.

Before the hearings began on Sept. 21, court officials told a Lexington Herald-Leader reporter and a WLEX-TV reporter and cameraman they would not be allowed to observe.

Attorneys for the Herald-Leader contested the closed hearings in circuit court, but Circuit Judge Robert Overstreet ruled against the newspaper.

The three appeals judges, however, agreed procedures to close hearings were not followed and reversed Overstreet's ruling.




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Election 2004 section

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