Judge keeps murder hearing open to public, media

PHENIX CITY, ALABAMA - A judge in Russell County, Alabama, is refusing to close pre-trial hearings of two men accused of capital murder in the February 17th death of a 12-year-old boy. <br> <br> Yesterday, Judge Michael Bellamy placed a gag order on attorneys and Russell County Sheriff&#39;s Department deputies from speaking about the details of the case, which now moves to grand jury April 8th. <br> <br> Forty-three-year-old Michael David Carruth of LaGrange, Georgia, and 22-year-old Jimmy Lee Brooks Junior of Smiths Station, Alabama, are accused of kidnapping Brett Bowyer and his father, Forest ``Butch&#39;&#39; Bowyer from their home in Phenix City, Alabama. <br> <br> They are accused of slitting the father&#39;s throat, shooting the son, and burying them in pre-dug shallow graves in a construction site. The boy&#39;s father survived the attack and crawled out of the grave to get help. <br> <br> Attorneys Jeremy Armstrong and Robert Lane - representing Carruth - sought to exclude the public and news media from all hearings, including yesterday&#39;s preliminary hearing. <br> <br> Armstrong argued that graphic evidence, some of which may be later found inadmissible, could ``poison the jury pool&#39;&#39; and deprive Carruth of the opportunity to have a fair trial. <br> <br> Attorney Greg Ellington - representing the Ledger-Enquirer of Columbus - argued the fair-trial rights of the accused did not trump the First Amendment rights of the citizens or the press. <br> <br> At the end of the dual hearing, Bellamy found probable cause to support the series of crimes alleged, including kidnapping, murder, robbery and attempted murder. He ordered the two men held without bond.

http://accesswdun.com/article/2002/4/196638