Daily Camera ordered to remove judge's ruling from web, but won't be held in contempt

Daily Camera ordered to remove judge's ruling from web, but won't be held in contempt

Defense had sought sanctions for publication of ruling that had been read aloud

By John Bear
Staff Writer

Posted: 10/14/2016 08:34:57 PM MDT
Updated: 10/14/2016 09:55:27 PM MDT

The attorney for a 16-year-old boy charged with attempted murder sought last month to have the Daily Camera held in contempt of court for publishing a Boulder judge's ruling in the sealed case after she'd read the full seven-page document aloud in open court.

Chief Boulder District Judge Maria Berkenkotter — who subsequently had ordered the Camera to remove that ruling from its website — on Friday denied defense attorney Zachary Malkinson's motion to find the newspaper in contempt and issue sanctions.
....

The document in question was Berkenkotter's Sept. 28 reversal of a prior ruling prohibiting the Camera from publishing the arrest affidavit in the case of Jeffrey Collins, who is charged, as an adult, with attempted murder in the brutal beating of an elderly Lefthand Canyon woman. ... The newspaper had fought Berkenkotter's original ruling as an unconstitutional prior restraint of the press.
....



[font size=1]Jeffrey Collins, left, and defense attorney Zachary Malkinson appear in Boulder District Court on Sept. 28. (Paul Aiken / Staff Photographer)[/font]

Collins is charged with attempted first-degree murder and felony assault on an at-risk person in the Sept. 19 attack on 71-year-old Katie Kulpa in her Lefthand Canyon home after she had picked up Collins and two friends while they were hitchhiking. ... Because Collins was to be charged as an adult, the Camera requested and received a copy of the arrest-warrant affidavit from the Boulder County District Attorney's Office on Sept. 26.
....

John Bear: 303-473-1355, [email protected] or http://twitter.com/johnbearwithme