The public has the right to attend a state court hearing when a Vermont judge is called upon to determine whether most youthful offenders will have their criminal cases proceed behind closed doors or in open session, a Superior Court judge has ruled.
The decision by Judge David Fenster means the recent effort to try to move the manslaughter case against Kahliq Richardson, 18, of Rutland from criminal court to Family Court must be heard during a public court session.
Richardson has pleaded not guilty in the fatal shooting of Jonah Pandiani, 19, at the Quality Inn on South Main Street in Rutland on April 3. Police said Richardson reported he had been using crack cocaine just before the shooting.
He also later denied an unrelated felony charge of aggravated assault by strangulation of his former girlfriend.
A few hours after being released from state court on April 5 on strict conditions, Richardson found himself arrested by federal authorities on two felony charges, illegal possession of a firearm by a known drug user and unlawful possession of the firearm in violation of a relief from abuse order obtained by his former girlfriend.
Freelance journalist Mike Donoghue, who was covering the gun case in federal court in Burlington for The Times Argus and Rutland Herald, had filed a motion in state court to intervene this summer. Donoghue also writes for Vermont News & Media, parent company of the Manchester Journal, Bennington Banner and Brattleboro Reformer.
Donoghue’s motion came after it was mentioned in federal court that Richardson’s defense team had asked for a state court hearing to consider having the manslaughter case handled in secret in Family Court.
Donoghue, of South Burlington, had been covering Richardson’s gun case in federal court in Burlington for the Rutland Herald, but the newspaper’s full-time staff has been reporting on the fatal shooting and the subsequent state court hearings happening in Rutland.
Fenster’s four-page decision, which was made public this week, noted the law provides for an open hearing. The judge ruled the Vermont Legislature in 2019 specifically amended the law “to permit public access to youthful offender consideration hearings for those who were 18 to 22 years old at the time of the offense.”
Fenster did write that defendants under age 18 could have private hearings on the question of moving a case to Family Court, like Richardson for his aggravated assault charge. Richardson was 17 at the time of the offense.
Defense lawyer Robert Kaplan maintained both criminal cases should be considered behind closed doors because of the possible overlap of information. He asked that Donoghue be denied the right to intervene.
Rutland County State’s Attorney Rose Kennedy, and her chief deputy Ian Sullivan, filed a six-page brief on behalf of the public, citing case law for having the hearing in public.
Donoghue, who represented himself, in his motion maintained the Constitution, state statutes and court rulings have long held the public and media were entitled to access to court hearings and records.
Fenster agreed, noting the defense arguments failed to overcome “the presumption that pretrial proceedings and documents are open to the public, closure being the exception rather than the rule.”
Fenster, in allowing Donoghue to intervene, wrote the Vermont Supreme Court had held since 1987 “that direct intervention in a trial court proceeding is an appropriate legal vehicle for ensuring that the news media’s voice is heard in a timely manner.”
Herald Executive Editor Steven Pappas praised Donoghue’s efforts.
“As we have seen, young criminals committing serious crimes in this state too frequently hide behind youthful offender status. Mike’s diligence, reporting and his advocacy for the public’s right to know, as well as this ruling, keep that need for transparency front and center. ... Youthful offender status needs some serious rethinking.”
No date has been set for the expected contested public hearing on trying to move the manslaughter case to Family Court.
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