unofan
Well-known member
In a high profile case, I don't think it's that unusual. Think about all the times you've heard about the defense trying to exclude a confession supposedly made by the defendant. Our system requires us to depend upon the jury pool conveniently not hearing about it, or willing to ignore it when instructed by the judge.
There's a difference between motions to suppress during the pretrial/discovery phase months ahead of time (which is where confessions are typically fought over), and motions in limine which are always argued on the eve of trial after jury summons have been sent out. The former is more dispositive because suppressed evidence can lead to dismissal of charges, while motions in limine tend to be more technical (can you discuss prior convictions, can you make certain arguments, etc.). A suppressed confession is simply inadmissible. An argument barred by a ruling on a motion in limine can become admissible if the other side opens the door, for instance.
The reporter was reporting on an open hearing and open records, so there's nothing he did that was technically wrong, but it's still one of those things that I hope he at least feels a little pink-faced for doing - though I doubt it. Especially since there were also other reasons contributing to why a jury couldn't get picked.