Media Banned From Brighton Courtroom Hallway After Elijah McClain Juror Incident

by MAX LEVY, Sentinel Colorado Staff Writer

AURORA | An Adams County District Court judge prohibited photography and media activity in the hallway outside of the courtroom where two Aurora paramedics are on trial for their roles in the death of Elijah McClain.

The Dec. 18 expansion of an order which barred cameras and other electronic devices inside of the courtroom came after journalists allegedly tried to ask the defendants and other parties to the case questions in the hallway. An unknown journalist also allegedly approached a juror who was shopping and invited them to talk once the trial has concluded.

“This action is a direct invitation for the juror to ignore the Court’s repeated order not to speak with anyone about the case and (is) an invitation for contempt proceedings,” the order from 17th Judicial District Court Judge Mark Warner reads in part.

“If the Court becomes aware of an intentional act in violation of the orders and instructions to the jury, the Court may initiate contempt proceedings.”

While the order acknowledges the importance of protecting the public’s ability to watch criminal trials, it describes the right of defendants to a fair trial as “the highest priority” of the court and distinguishes between granting access to the public and allowing unrestricted media coverage.

The expanded order prohibits audio and video recording in the hallway outside of Courtrooms 401 and 402 as well as photography, interviews and requests for interviews in the same area. It notes that the order will be enforced regardless of whether a person suspected of violating it is a journalist or not.

“The Court finds that the hallway in front of Courtrooms 401 and 402 is a reasonable extension of the courtroom itself during trial,” the order says. “Any person who violates this order shall be removed from the premises and the device(s) may be confiscated and/or the person may be subject to contempt of Court.”

Rob McCallum, a spokesman for the Colorado Judicial Department, also scolded news outlets in an email sent Monday morning to journalists that included a copy of the order.

He asked the recipients to share any information they had about the alleged inappropriate conduct and encouraged the unnamed individual who may have approached the juror to take responsibility for their actions.

“I find this to be egregious behavior, and am surprised and concerned. You all know jurors are off limits until released from service, and even then they rarely want to discuss their jury service,” McCallum wrote.

“This is completely unacceptable, and whomever made this rogue decision either knows better and didn’t care about potentially causing a mistrial, or didn’t know better and needs to be assigned to a beat not involving anything as sensitive or serious as a trial. So, one rotten apple spoils the lot.”

Aurora Fire Rescue paramedics Peter Cichuniec and Jeremy Cooper have been charged with manslaughter, criminally-negligent homicide and assault in connection with the 2019 death of Elijah McClain, who died after being confronted by police as he was walking home from a store.

Cichuniec and Cooper injected McClain with an overdose of the sedative drug ketamine after the 23-year-old had been choked by police. An amended autopsy report released last year by the coroner for Adams and Broomfield counties concluded that McClain “would most likely be alive but for the administration of ketamine.”

Opening arguments in Cichuniec and Cooper’s trial began Nov. 29. The trial is expected to last most of December.

In October and November, two of the three cops charged in McClain’s death, Jason Rosenblatt and Nathan Woodyard, were acquitted of charges, while a third, Randy Roedema, was convicted of criminally-negligent homicide and third-degree assault.