Arguing that a Utah father’s children would be harmed if they saw photos of their dad in a jail jumpsuit, a defense attorney is asking a Utah judge to ban cameras in the courtroom for the man charged with child torture after he took his small kids on a near-deadly hike during a winter storm.
There’s been a “media frenzy” since 31-year-old Micah Smith was charged last month, weeks after he and his three children had to be rescued from a strenuous hike in Big Cottonwood Canyon, defense attorney Kayla Mahoney wrote in a motion filed last week. The children — ages 2, 4, and 8 years old — were all hospitalized, along with Smith.
Mahoney argued that if they have to take this media coverage into account as part of their legal strategy, Smith may not have the ability to fully object or litigate throughout his case — affecting his constitutional right to a fair trial.
She is asking the judge to ban video and still cameras from the courtroom, and from livestreaming any hearings. The defense attorney noted that she is not requesting that journalists — and the public — be barred from going to the courthouse and watching hearings from the gallery.
In Utah, cameras and livestreaming have been allowed in courtrooms since 2013, and hearings are presumed to be open to the public. Prosecutors have not filed a response to the motion as of Tuesday.
Smith faces three counts of aggravated child abuse and three counts of child torture, all first-degree felonies which are punishable by up to life in prison if convicted. He is being held without bail in the Salt Lake County jail.
This is the second time since October that a high-profile defendant has asked a judge to limit media coverage; in October, attorneys for Tyler Robinson, accused of fatally shooting Charlie Kirk, made a similar request. So far, the judge in that case has allowed cameras but has put strict restrictions in place, such as that photographers are banned from showing Robinson’s shackles.
When Utah media cover court cases, judges typically designate one photographer and a videographer to document the hearing, and they are required to share that imagery with other media outlets. Judges also have the discretion to not allow cameras to record hearings, but that has rarely happened.
Mahoney noted in her motion to ban cameras that some of the media coverage around her client’s case has focused on incidents other than the Oct. 11 hike — such as allegations of domestic violence and allegations that Smith was told to leave Primary Children’s Hospital for trespassing, where his 4-year-son has been receiving treatment since the October hike.
In arguing that Smith was a risk and should not be granted bail, a sheriff’s deputy alleged in court documents that the father was asked to leave the children’s hospital after “interfering” with the child’s care and “tampering with equipment.”
The defense attorney also argued that there is “a reasonable likelihood” that media coverage will jeopardize the well-being of Smith’s children, saying that “any minuscule exposure to the details of the case from the media is directly adverse to their interests and well-being.” She noted that, once recorded, these images or video “exist forever,” and could be preserved on the internet where Smith’s children could access them later.
“Any exposure to images of their father in jail garb and handcuffed could jeopardize the interests or well-being of the children,” she wrote. “Any exposure to the criminal proceedings is unnecessary for the minor children.”
Mahoney said it’s also possible that cameras in the courtroom or livestreaming could be an unwarranted intrusion of his family’s privacy, including his wife. It’s also likely, she wrote, that his court hearings will discuss juvenile proceedings and “non-public issues that relate to the minor children.”
Smith is expected to be in court on Jan. 6, where the judge is also expected to hear arguments about whether he should be granted bail.
A Salt Lake County sheriff’s deputy wrote in charging documents that Smith was “extremely selfish” when he chose to push the children to summit a mountain on Broads Fork Trail in October, rather than protecting them and turning around when storm clouds rolled in.
Instead, Smith insisted they move forward, investigators allege — and had to seek shelter after the young family got caught in a downpour of snow, rain and hail. Search and rescue workers found them the next morning.
Charging records allege that Smith had to perform CPR on his two young sons after they sought shelter through the night during their hike, and at one point he taught his 8-year-old daughter how to do chest compressions so she could help the boys while he left them in the morning to find help.
Rescuers eventually found Smith on the trail and located his children. Charging records allege that rescuers noted that “the children were not wearing much clothing” and that the 2-year-old was lying under the 4-year-old when rescuers found them, and that they were “mostly exposed, unconscious and appeared lifeless.”
The sheriff’s office initially said Smith was in fair condition in a hospital, one child was stable and two were in critical condition.
Smith allegedly admitted to police that he was not prepared, according to the charges, and had not checked the weather before taking his children on the hike. The deputy who wrote the charging document noted that Smith’s wife had texted him urging him to turn around and come home, but he didn’t listen to her or his older daughter, who also said she was scared and wanted to go home.