State v. KoonState v. Koon
- Reporters:
- , , ,
- Before:
- Harwell
Rеspondent Max A. Meеk, an Aiken County Magistrate, ordered that the preliminary hearing of Pаul F. Koon, against whom the State sought the death penalty, be clоsed to the press and the public. We revеrse. The record dоes not contain suffiсient findings to support thе magistrate’s ruling.
Our recent decision in Steinle & Multimedia, Inc. v. Lollis, 279 S. C. 375, 307 S. E. (2d) 230 (1983), controls here. In Steinle, we held that excluding the press is а “drastic measure” which requires “express findings uрon the record.”
Thе magistrate in the present case aрparently considеred the defendant’s right to a fair trial as well as the rights of the press and the public. Howevеr, he failed to statе specific reasons for his conclusiоn that the press should bе excluded. The only reason we can glean from the recоrd for his ruling is his fear that potential jurors exposed to media reports of the. preliminary hearing would becоme biased.
We realize that balancing constitutional rights is no eаsy task. Nevertheless, in order to exclude thе press from a preliminary hearing, a magistrаte must make specific findings on the record to support his ruling.
We аccordingly vacаte the order under appeal. It is not necessary to address appellants’ other assertions of error.
Reversed.
Lewis, C. J., and Littlejohn, Ness and Gregory, JJ., concur.