Caudle case court orders shared: Judge restricts public



By RUTH HEIDE

ALAMOSA — The serious nature of the alleged crime contributed to motions and court orders limiting access to hearings, lawyers and others associated with the pending criminal case against John Caudle, 14, held in connection with the deaths earlier this week of his mother and stepfather, Joanne and Tracy Rinebarger of the Monte Vista area.

Caudle has not yet been charged.

District Judge Martin Gonzales on October 29 ordered the exclusion of the general public from a juvenile proceeding involving Caudle and on the same date handed down an order limiting pretrial publicity, an order sometimes referred to as a “gag order.”

The pre-trial publicity court order prohibits lawyers, law enforcement officials and court personnel from making “extra judicial statements.”

The order applies to both prosecution and defense attorneys, court personnel and law enforcement officers and agencies, specifically the Alamosa, Del Norte and Monte Vista Police Departments and the Alamosa County, Saguache County and Rio Grande County Sheriff’s Offices. The order also pertains to the Colorado Bureau of Investigation and Park County Sheriff’s Office that apprehended Caudle on Tuesday.

The judge’s order prohibits the dissemination of information that could prejudice a criminal proceeding such as opinions regarding guilt, innocence or evidence, prior criminal record, possible guilty pleas, contents of any statements by the accused or examinations/tests of the accused, information that would not be admissible at a trial, or identities of potential witnesses.

The order does not prohibit the dissemination of information that is public record. It also does not prohibit the announcing of: age, residence, occupation or family status of the accused; information necessary to aid in apprehension of the accused or warn the public of any dangers presented by the accused; victim’s identity; identity of investigating/arresting officers or agencies and length of investigation; description of physical evidence seized other than a confession or statement; nature of the charge; quotations/references to public records of the court; scheduling or result of any step in the judicial proceedings; and the denial of the accused of charges against him.

The Public Defender’s office filed a motion to close the courtroom to the general public on the basis the court has that discretion and based on the nature and circumstances of this case.

“A fair and public trial does not mandate that a trial court adopt a completely open-door policy,” stated Deputy Public Defender Daniel Walzl in his motion to close the courtroom.

“Due to the serious nature of the alleged crime” Deputy District Attorney Geoffrey Rieman on behalf of District Attorney David Mahonee filed a motion for a closed detention hearing “to prevent the leak of potential sensitive information that may surface during that hearing that may potentially cause alarm or outrage within the community.”

Judge Gonzales granted the motion excluding the general public “until further order of the court.”