FORT COLLINS, Colo. - Details surrounding the arrest of the Center City rape suspect will remain under tight wraps, although a Colorado judge agreed yesterday to let him be photographed in the courtroom.
District Court Judge Terence Gilmore modified a sweeping gag order that prohibited attorneys and law enforcement officials from speaking about the arrest of Troy Graves, 29, a former Philadelphia resident.
Graves, arrested last week, faces charges here and in Philadelphia in connection with the sexual assault of numerous women and the slaying of Wharton student Shannon Schieber in Center City.
The judge said the Larimer County District Attorney's Office could release documents that are normally public, but the issue became moot as District Attorney Stuart A. VanMeveren said he would release nothing new at this time.
During the 90-minute hearing, Gilmore said he was particularly concerned that publicity here might force the trial out of Larimer County.
"The most compelling issue to be determined is the balancing of rights of the defendant and the people to a fair trial and the rights of the people for the release of information," the judge said.
Ultimately, he said, all information will be released. He did not specify when.
Kathryn Hay, public defender, told the judge that details disclosed by Philadelphia officials and published in Colorado had been harmful to Graves.
"The local law-enforcement officials have been very aware and observant of these prohibitions," Hay said. By contrast, she said, information has flowed quickly out of Philadelphia - and not all of it, she added, has been correct.
The judge said that he could not compel those outside of his jurisdiction to exercise restraint but that he hoped they would do so, clearly referring to Philadelphia officials.
Chief Deputy District Attorney Gregory M. Lammons did not object to lifting the gag order and said his office historically had maintained an open file to keep the public informed and safe.
After the hearing, Alden V. Hill, attorney for the Fort Collins Coloradoan newspaper, said that he was disappointed with the judge's ruling and that he thought information could be released without compromising Graves' rights.
"I think you can get a fair trial here for an accused in this type of situation," Hill said.
There was a victory for news-media organizations that wanted cameras permitted in the courtroom. Yesterday was the first time Graves was photographed in court.
Gilmore said he would allow one still camera and one video camera if Graves went to trial. Photographers still will be banned from hearings to discuss evidence and pretrial motions unless they receive advance permission.
Graves, who turns 30 tomorrow, told the judge he understood his rights. Graves, who is being held without bail, is scheduled to appear again May 13.
Last week, detectives here and in Philadelphia matched DNA samples taken from Graves to samples taken at crime scenes in both cities.