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Judge Objects to Oklahoma Editor Recording Bond Hearing

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VPA / October 21, 2009
From THE WOODWARD (Okla.) NEWS
An associate district court judge Tuesday ordered Woodward News Assistant Editor Rowynn Ricks to destroy an audio recording of a bond hearing in a rape case under threat of contempt of court if she did not comply.

Visiting Judge N. Vinson Barefoot took the unusual action after a woman observer shouted out in open court that two newsmen for Omni Media had tape-recorded the brief hearing without the judge’s knowledge.

It turned out the Omni reporters had not recorded the proceeding, but that Ricks had done so because the regular judges in Woodward County District Court had allowed her to record past open court proceedings.

Judge Barefoot, who normally presides in Major County District Court, was handling the bond hearing for rape defendant Dean Leroy Freerksen III because Woodward Associate District Judge Don Work had recused himself from the case due to a conflict of interest.

According to Oklahoma court experts, it is up to the individual judge to determine if journalists may use recording devices in the courtroom during public proceedings.
“The judge has complete control of the courtroom,” said District Judge Ray Dean Linder.

Judge Barefoot objected to Ricks recording the brief open portion of the Freerksen bond hearing. He had ordered her and the two Omni Media reporters – Brad Croft and Mike Pilosof – to raise their rights hands and swear they would not use any portion of voice recordings in their public reports.

Croft told the judge he did not record the proceeding, but was just texting. Pilosof said he did not record the actual proceedings. Ricks said she had recorded the open court part of the bond hearing.
At that point, the judge said they would be subject to contempt of court if they made public any part of the recorded proceeding, adding: “You all know what six months means?”

The reference was to six months of jail time for contempt of court.

Ricks said she was “stunned and shaken up” by the judge’s order.

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