WASHINGTON COUNTY, Ark. (KNWA/FOX24) — Andrew McGann had his second court hearing Aug. 14, at the Washington County Jail, but this hearing was completely closed off to both the media and the public, with no way to hear or listen to the court proceedings.
McGann, 28, is charged with two counts of capital murder connected to the stabbing deaths of Clinton David Brink, 43, and Cristen Amanda Brink, 41, from Prairie Grove, at the West Fork park.
Many people are concerned that this could be an infringement on the Sixth Amendment, which includes the right to a public trial.
Despite those concerns, defense attorney Adam Rose says there are exceptions to why a court would be closed off to the public.
According to Rose, Supreme Court Administrative Order Six allows for a case to be closed off if certain requirements are met, such as cases involving victims of crime, drug-related crimes, cases involving a juvenile, and select hearings involving family law issues.
In this particular case, Rose said he understands why the public or media would be denied access.
“In this particular case, there’s still a crime lab. There’s still reports being made. There’s still tapes being found. There’s still eyewitness testimony being found. There is discovery very much ongoing with this case,” Rose said.
Rose also mentioned that, along with Administrative Order Six, the appointed judge has final discretion over what goes on in the courtroom.
“[The judge says] where people are standing, where things are set, where you can go, where you can walk in her courtroom,” Rose said. “I think it was due to sensitive information and them not wanting people to be inside of it. I think there was also a practical standpoint of, frankly, there is no really good space [to stand].”
Although barring the public from the hearing is not illegal, according to federal law, not everyone is on board with the decision.
Trial lawyer, Joey McCutchen, is one of those people. He believes that most cases should be open to the public, and McGann’s hearing this morning is no exception.
“Procedures need to be followed, and courtrooms should not be closed. Bottom line. I want people’s constitutional rights protected, and I want the public to be able to see if a person is accused of a felony. That’s a felony against the public,” McCutchen said.
McGann pleaded not guilty to both counts of capital murder at the hearing. His next court appearance is set for November 14. KNWA/FOX24 will continue to monitor if the next hearing will be open to the public.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
