The handcuffing of a journalist covering a dismissed indictment against Louisiana's attorney general was 'outrageous' and sent a 'chilling message' to the press, according to a prominent media rights group. The Reporters Committee for Freedom of the Press (RCFP) made these assertions in a letter to the New Orleans criminal district courthouse, where deputies temporarily detained WWL Louisiana investigative producer Danny Monteverde and outlet lawyer Elana Beiser in early July.
Incident Details and Legal Challenge
Monteverde and Beiser, whose station is a Guardian reporting partner, were attempting to object to Judge Leon Roche's closure of the courtroom where a grand jury had handed up an indictment against state attorney general Liz Murrill. The indictment accused Murrill of threatening the jobs of Democratic New Orleans officials who opposed a Republican-led overhaul. A 5 August letter from RCFP attorney Virginia Hamrick to the court's chief judge contended that there were 'no findings justifying closure' and urged the courthouse to 'properly hear and consider objections of the public and the press before any … proceedings are closed'.
Hamrick's letter also urged the court to 'refrain from detaining reporters (or their counsel) who are simply exercising their constitutional rights', which include access to court proceedings. The letter added that such 'outrageous actions send a chilling message to members of the press and the public who may seek to object to closure in the future'. Hamrick further stated that 'members of the public – including journalists – should not fear being hauled away in handcuffs merely for asserting these basic rights', and that open access to court proceedings 'informs the public, ensures an accurate portrayal of proceedings and promotes government accountability'.
Context of Political Tensions
Prior to the handcuffing, there had been months of political tensions between Louisiana Republicans and New Orleans Democrats over a law that eliminated a court clerk position won in an election by Calvin Duncan, who spent nearly three decades in prison for a murder he was exonerated of. New Orleans leaders opposed the elimination and unsuccessfully attempted to schedule an election that would have given Duncan a chance to win the consolidated clerk job. Amid that politicking, Murrill issued letters to New Orleans officials warning that their offices could be taken for purportedly violating state 'usurper' laws, which prohibit supporting an unauthorized officeholder.
A New Orleans grand jury then voted to return an indictment against Murrill charging her with intimidation and malfeasance. Louisiana law requires grand jury returns to be made in open court. When Roche tried to clear and close the courtroom on 2 July, Monteverde and Beiser protested. The courtroom was nonetheless emptied and closed. Deputies then ordered the pair to leave the courthouse entirely and temporarily handcuffed them after they protested again.
Reactions and Aftermath
A statement issued on 3 July by WWL said 'no … journalist should be detained for seeking transparency or asking questions about access to a courtroom, particularly when state law provides for proceedings to occur in open court'. Roche later indicated in court filings that he never instructed deputies to 'detain any members of the media'. The sheriff's office, which provides courthouse security, said its deputies 'acted in accordance with the directives they received' to protect grand jurors and other participants.
Louisiana's state supreme court put the case against Murrill on hold almost immediately, ruling that procedures surrounding the indictment had not been properly followed. A special prosecutor then dismissed the case on 22 July – a day after New Orleans district attorney Jason Williams, mayor Helena Moreno, and five city council members urged dismissal in a letter. Murrill reacted by saying: 'What I did was not a crime – it was never a crime. I think this was a malicious prosecution.' The letter from Williams, Moreno (herself a former broadcast journalist), and the others said: 'The people of New Orleans are not served by this prosecution, which continues to alienate the city from the rest of the state and distract from the important work we have ahead.'
The RCFP letter also offered the courthouse 'comprehensive and collaborative training regarding the importance and legality of access to judicial proceedings' from the group, whose steering committee includes former Washington Post editor-in-chief Marty Baron and Atlantic editor-in-chief Jeffrey Goldberg. The Guardian reached out to Lombard, Roche, and WWL for comment. The Associated Press contributed reporting.
