9th Circuit rejects appeal

The 9th Circuit U.S. Court of Appeals has rejected an appeal from The Spokesman-Review of a federal judge’s decision to close the courtroom for key testimony in Joseph Duncan’s federal sentencing trial. A three-judge panel of the court wrote that it could not reverse U.S. District Judge Edward Lodge’s order unless the district court “clearly erred” in ordering the courtroom closure, and they ruled, “It did not.” The ruling did not elaborate. Lodge had ordered the courtroom closed for any testimony by Shasta Groene, the 11-year-old surviving victim of Duncan’s crimes.

Lodge had held that the 1st Amendment interests of the public were outweighed by the “compelling interests in protecting the minor victim from further harm and embarrassment.” James Cohen, a law professor at Fordham University, said he was surprised the appeals court applied the strict “clear error” standard of review to a 1st Amendment case. “It sounds as if the 9th Circuit is giving the 1st Amendment short shrift,” he said.