Judge Krebs nixes closing courtroom

Circuit Judge Robert Krebs declared Thursday his courtroom would remain open during gang members’ testimony against a defendant accused of first-degree murder in the 2015 death of a transgender teenager.

District Attorney Tony Lawrence had asked that Krebs close the courtroom for the witnesses’ safety and to ensure that an impartial jury could be seated for the July 18 trial of Josh Vallum. Vallum, a member of the Latin Kings street gang, is accused of killing Mercedes Williamson, 17, of Theodore, Ala.

At a pretrial hearing, Krebs met in chambers with attorneys frm both sides and news media representatives. He said the courtroom would remain open, asking if the media would agree to Lawrence’s request to keep the identity of one prosecution witness secret for safety’s sake.

When the media agreed, the pretrial hearing proceded in open court.

Krebs heard the testimony to determine whether the gang members would be allowed to testify before a jury at the trial. Vallum’s attorney, David Futch, had argued their testimony should be excluded.

Gulfport attorney Henry Laird, who specializes in public-access issues, said both the United States Supreme Court and Mississippi Supreme Court have ruled that the public’s right to attend a trial must be weighed against the defendant’s right to a fair trial.

“The right to a fair trial versus public access is the issue,” Laird said. “It’s not a question of witness safety.

“The court should consider all reasonable alternatives to closing the courtroom. It’s a very rare situation that the courtroom is closed.”

This story was originally published June 23, 2016 at 11:39 AM with the headline "Judge Krebs nixes closing courtroom."