Filed: 9/13/2023 1:27 PM Carroll Circuit Court Carroll County, Indiana HILLIS. HILLIS. Rozz1 & DEAN. LLC ATTORNEYS AT LAW 200 FOURTH ST. DOGANSPORT. IN 46947 (574.) 722-4560 FAX1574J 722-2659 JOHN R. HIILIS 1.1).:753309 BRADLEY A. R0221 1.13. "2336509 BRADEN J. DEAN 1.1). "31941-34 STATE OF INDIANA ) 1N THE CARROLL CIRCUIT COURT )ss: COUNTY OF CARROLL ) CAUSE NO. 08C01 -22lO-MR-000001 STATE OF INDIANA VS. RICHARD M. ALLEN MOTION FOR BROADCASTING ORDER Comes now the Defendant, Richard M. Allen, by Counsel, Bradley A. Rozzi, and Andrew J. Baldwin, and pursuant to Rule 2.17 of the Indiana Code of Judicial Conduct, respectfully requests that this Court issue an Order authorizing the public broadcasting of future courtroom proceedings in this cause. In support of said Motion, Defendant Allen states as follows: 1. Rule 2.17 of the Indiana Code of Judicial Conduct generally prohibits broadcasting, televising, recording, or taking photographs in the courtroom in areas immediately adjacent thereto. However, the Rule was recently amended (effective May 1, 2023) empowering all Indiana trial court Judges, at their discretion, to authorize the broadcasting of legal proceedings in their respective court proceedings; 2. The Rule permits public broadcasting so long as the means of recording will not distract participants or impair the dignity of the proceedings and so long as the broadcasting is restricted to non-confidential proceedings (see IN ST CJC Rule 2.1 7(3)(a) and (b)); 3. The facts and circumstances surrounding this case have attracted the attention of the public on a national level and even the attention of others around the globe. As a result of this attention, the system of jurisprudence in the State of Indiana will be scrutinized in a manner that is unusual and rare in Indiana courts; 4. The public's thirst for information in this case offers up an opportunity for transparency and the education of the public in terms of the day-to-day operations of courtrooms across the State. "Courts should make court processes as transparent as possible so the average person can witness the judicial system in action. A highly effective way to do this is to proactively take steps to disseminate information in high profile/high stakes cases. This prevents interested individuals from having to search the I-lILLls. HILLIS, Rozz1 an DEAN. LLc ATTORNEYS AT LAW 200 FOURTH ST. LOGANSPORT. 1N 46947 (574) 722-4560 FAX £574) 722-2659 JOHN R. HuLls Ln. «1533.09 BRADLEY A. Rozzx LD. #2336509 BRADEN J. DEAN Ln. 331941-34 internet looking for information about the case which may come from bias sources that substitute commentary for fact." Courting Public Trust and Confidence: (Effective communication in the digital age), Conference of State Court Administrators, p. 15. In a recent article released by the Conference of State Court Administrators ("COSCA"), the need for transparency Within court systems across the Country was identified as one of the handful of recommendations to increase the public trust in our judicial system. The COSCA article was favorably considered by the Community Relations Committee of the Judicial Conference of Indiana, all of which is referenced in the February 3, 2023, Meeting Minutes attached hereto; 5. The recent pilot program, in which the Special Judge in this case participated, concluded during the Spring of 2022. Feedback from participating Judges and other relevant professionals includes, but was not limited to the following comments: "T he judicial branch is the least understood branch of g0vernment...And here you've got millions of Hoosiers counting on it for justice every year in Indiana. So why not pull the curtains out and say, 0k, this is what we are doing and this is why we are doing it...the sky is not going to fall, since there are safeguards in place. " See comments by Chief Justice Rush in the article titled "The Indiana Supreme Court is lifting its ban on courtroom cameras. How that could impact future cases." Posted April 26, 2023. "T he media has been patient with delays in the hearings, and for the most part has been unobtrusive and accommodating of the Sherifl's security concerns regarding camera placement. They have been professional in their coverage and presence. " Comments by the Honorable Judge Fran Gull referenced in the Indiana Court Times article titled "Broadcast Pilot Project Allows Cameras In Court." March 24, 2022. "Once the hearings start everyone seems to forget news media is present. " Judge Sean Persin, Tippecanoe County Circuit Court. See Indiana Court Times article titled "Broadcast Pilot Project Allows Cameras in Court" dated March 24, 2022. HILLIS. HILLIS. Rozzx & DEAN. LLc ATTORNEYS AT LAW 200 FOURTH S'l'. LOGANSPORT. IN 46947 I574) 7294560 FAX [574) 72$2659 JOHN R. HILLIS 1.1). «mas-09 BRADLEY A. R0221 LD. #2336509 BRADEN J. DEAN 1.1). #31941-34 "...especially in the high profile matters that if we have those cameras in there t0 show what is happening in real time and why decisions are being made and how they are being made, I think that will educate the public... " See comments by Scott County Circuit Court Judge, Jason M. Mount. Indiana iudges can now allow cameras inside the courtroom - YouTube. 6. The justice system and the general public will benefit from a public broadcast of the pretrial proceedings and any trial that may occur in this cause for the following reasons: a. The proceedings will undoubtedly generate a high level of viewership all of which will offer up the opportunity for constructive feedback at the conclusion of the case. This in turn, will provide an opportunity to the Community Relations Committee of the Indiana Supreme Court to consider further modifications to CJ C Rule 2.17 to benefit the citizens of Indiana, moving forward; b. The sitting Judge in this cause has participated in the pilot program, communicated her positive experiences with cameras in the courtroom, and therefore, her past experiences with the process will instill a high degree of confidence that the process will be carried out with efficiency and will not hinder and/or materially alter the proceedings; c. The Carroll County Circuit Court is an unusually large courtroom which offers up adequate space to allow for a broadcasting team and the various actors involved in the proceeding to work in an unobstructed manner. The Courtroom's traditional construction and de'cor also offers up a solemn setting which will further mitigate against individual conduct that might otherwise be distracting to the proceedings; d. Throughout the investigation in this case, law enforcement authorities routinely sought out the help of the public through press conferences. Allowing the public to observe the proceedings to their finality, will build the trust of the public moving forward. In contrast, any attempts to maintain confidentiality with future proceedings would be inconsistent with the concept of transparency as recommended by COSCA and the Community Relations Committee of the Supreme Court of Indiana; HILLIS. Hmms. IOZZ] & DEAN. LLC ATTORNEYS AT LAW 200 FOURTH 8T. oGANSPORT. IN 48947 «57o 1234560 FAX (574) 722-2658 JOHN R. Elms Lu. "533-09 BRADLEY A. R0221 u). masses HEADER J. DEAN 1.94m 941.34 e. The passage of time since the commission of the crimes has resulted in the aging of the handful of child witnesses that once existed in this case. Therefore, Defendant Allen's legal team anticipates there will be very few minors, if any, who will testifiz at the trial in this cause. f. To the extent there is a need to shield the Victims' family members from the public eye, such an intent is without merit as many of the family members have voluntarily taken to social media and other media outlets, with broad coverage areas, and participated in the media's coverage of the investigation, over the past 6 years. g. Counsel for the defense anticipates that many of the witnesses will be law enforcement officials and other experts who will likely testify regarding their specific areas of expertise and therefore, individuals who are generally comfortable in courtroom proceedings. This will reduce the risk of unpredictable behavior fi'om witnesses and other t participants; and h. Many of the circumstances surrounding this case were kept confidential by law enforcement officials, leading up to the filing of charges against Defendant Allen. Early courtroom filings were also kept confidential by Order of this Court. Said Order on confidentiality has been lified. Offering up transparency through the remainder of the case will increase the public trust in the judicial process. 7. In the alternative, Defendant Allen requests that the Court consider authorizing the broadcasting of pretria] proceedings to assess the practicality, advantages and disadvantages of broadcasting any future trial in this cause. Andrew J. Baldwin, #17851-41 Attorney for Defendant Respectfiillv Sub fzi, #23365-09 Attorney fo efendant n-.. In. m-An£h.l/.\04 -.l_mn_l-nnnLm_-n-A£_lA-nr--- i CERTIFICATE OF SERVICE I certify that I have served a copy of this document by the County e-filing system upon the Canal] County Prosecutor's Office the [3% day of September, A/Bfinnly ATE)» - ', 23365-09 HILLIS', LIS, ROZZI & DEAN 200 Fourth Street Logansport, IN 46947 Jim 7. flat/flu}: Andrew J. Baldwin, #17851-41 BALDWIN, PERRY & WILEY, RC. 150 N. Main Street Franklin, IN 46131 Bums, HILLIS. 10221 $5 DEAN. LLc ATTORNEYS AT LAW 200 FOIJ'RTH ET. OGANSPORT. IN 48947 $574) 7!}4560 FAX (574) 7892659 Joan R. Hu'ms m 117533439 BRADLEY A. Razz; u). "3335,09 BRADEN J. DEAN Ln. "1941-" n...- I". £13-4nzn40n4 __I_mn.l-nnnl.m--n-4£4 A -nr:___L 2023