This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A Utah juvenile court judge is weighing whether to make public charging documents and other information for three teenage boys charged in connection with the death of West Valley City police Officer Cody Brotherson.
Brotherson was killed on Nov. 6, when he was struck by a vehicle believed to be stolen while laying down a set of spike strips.
Two 15-year-old boys and a 14-year-old boy were in the car, police say, and have since been charged with some sort of crime in 3rd District Juvenile Court. No other information about the charges has been released, after 3rd District Juvenile Court Judge Kimberly Hornak granted a motion seeking to have the case sealed from the public.
A coalition of Utah's media outlets have asked the judge to unseal the case. Media attorney Michael O'Brien argued on Tuesday that state legislators intended for these sorts of cases to be open when they crafted a law in the early 1990s that allowed media in the courtroom in serious cases. Today, the law states that a hearing is presumed open if the juvenile is over the age of 14 and charged with what would be a felony-level offense in adult court. The hearing can be closed, however, if a judge finds "good cause" to do so.
"Good cause," however, is not defined in Utah statute — which Hornack commented was "a little frustrating."
Defense attorneys have argued that if the teens' information was released, it would cause embarrassment to their families and could cause anger in the community, according to O'Brien. It also could harm the juveniles if their psychological and personal information were made public, they argued.
But O'Brien said those risk factors are present in every juvenile case, and state lawmakers have still opted to open the courtroom doors in serious cases. He said defense attorneys should have to answer, "Why are these cases different?"
That hasn't been done, O'Brien argued. He added that if the judge does believe closures are warranted, she should use "a scalpel as opposed to a sledgehammer."
O'Brien further argued that juvenile court cases should be open so that the public understands the process. Openness also promotes confidence in the juvenile court system, deters other youths from similar criminal acts and ensures that all of the parties involved are acting appropriately, he argued.
But defense attorney Monica Maio said that there are other ways for media to shed light on the juvenile court process, without being inside the courtroom. Maio added the media is a business, and have an interest in "what sells and what is sensational."
"The media may have other reasons for seeking access," she argued.
If her client's identity is made public, Maio said, he and his family fear for their safety because the charges involve the death of a police officer. It's a "hot-button topic," she argued, which has shown "the ugly side of society."
Attorneys for two of the three boys argued before Hornak on Tuesday. Another hearing is scheduled Wednesday for the third defendant, and the judge is expected to announce her decision at a Thursday afternoon hearing.
Defense attorney David Brown argued Tuesday that Hornak's decision should be delayed until the defense lawyers get more evidence from police about the alleged crimes.
"Why now?" he asked. "Why are we dealing with this crisis issue at this stage of litigation? It seems completely premature. ... I know less about this case than the media, because they've been researching things. I'm at a complete disadvantage."
On the day of the fatal crash, a chase began just after 3 a.m. after police officers saw a silver BMW Coupe with Florida plates that had stopped in the middle of an intersection. They saw a group of people walk from the BMW to an apartment complex, and watched the trio get into a Honda Accord and drive away.
The officers tried to stop that vehicle, but the driver punched it on 4100 South, heading west. Officers threw spikes near Redwood Road, but that didn't stop the suspects.
Another police officer told investigators that he could see Brotherson out of his vehicle near 2200 West, trying to put down another set of tire spikes.
"[The officer] observed the Honda Accord swerve towards [Brotherson] and strike him with the vehicle," a detective wrote in a search warrant affidavit. "[The officer] stopped to check on the officer that had been struck. He found Officer Brotherson was down and appeared to be deceased from the impact."
Brotherson was the first West Valley City officer killed in the line of duty since the city was formed in 1980, and is one of three police officers killed on-duty this year. He had been on the police force for three years and left behind a fiancee, two brothers and his parents.