Judge bans public, media from Wilkinsburg mass shooting jury selection

A judge will consider arguments Wednesday against an order barring the media and public from jury selection in a high-profile homicide trial set to begin in four weeks.

Allegheny County Common Pleas Judge Edward J. Borkowski ordered Tuesday that the press and public be barred from observing and reporting on jury selection in the 2016 Wilkinsburg mass shooting case. Tribune-Review and Post-Gazette attorneys filed arguments that the proceeding should be open.

Borkowski said a juror selected Monday called his tipstaff and was “extremely upset,” indicating they had been contacted by “friends, family members and coworkers asking whether this juror was empaneled.”

“The juror went on to say that if the juror knew that this type of identifying information … was going to be disseminated, the juror would not want to be selected,” Borkowski said.

He added the juror feared “something would happen” to them.

Borkowski said the court reviewed the information that was published and agreed that it was “very detailed” and “corroborated that the juror’s portrayal was accurate.” The judge referred to information published in the Tribune-Review and Post-Gazette and on KDKA-TV.

The Tribune-Review is represented by Adam Tragone of Strassburger, McKenna, Gutnick and Gefsky.

Borkowski said while there is a presumption of openness in court proceedings, the state Supreme Court allows for closure in certain circumstances and when a reasonable alternative to the closure isn’t sufficient.

Two jurors were selected Monday during the first day of jury selection in the capital case against Cheron Shelton and Robert Thomas. Both face five counts of homicide and one count of homicide of an unborn child in connection with the March 9, 2016, ambush-style shooting at a backyard cookout in Wilkinsburg.

Borkowski did not identify the juror who took issue with the media coverage.

The newspapers’ attorneys argued that total closure of the jury selection process is drastic and other avenues exist to limit juror information that is published.

Borkowski told the attorneys to draft their own motion.

They did, filing a motion that would bar — in the Wilkinsburg case only — the names, addresses, phone numbers, employers and schools of potential or empaneled jurors until after the trial.

Borkowski said he would take it under advisement and issue a ruling at 9:30 a.m. Wednesday.

Also Tuesday, the judge issued a written order stating that “no photographs or video of the defendants, prospective or empaneled jurors, or witnesses, be taken, transmitted or published in this matter” — broad language that could forbid news outlets from publishing previously taken photos or mug shots.

Attorneys proposed an order that would prohibit taking photos of potential or empaneled jurors for the duration of the trial. Borkowski said he was inclined to grant that order but could revise it.

Borkowski also took issue with a photo published by the Post-Gazette.

He pointed to a 2007 court order outlining where in the courthouse electronic devices — cellphones, cameras and so on — can be used, and he alleged that the photographer violated that order with an image taken of Shelton and Thomas on Monday.

Post-Gazette attorneys argued the photo was taken from within the designated area, and the 2007 order does not say anything about taking photos from within the designated area of people or things outside of it.

The photographer, the judge said, could be held in contempt. If Post-Gazette officials did not make the photographer aware of the 2007 order, Borkowski said, the company as a whole could be held in contempt.

State rules prohibit taking photos in or of courtrooms and hearing rooms.

Borkowski is expected to hear arguments Wednesday regarding the alleged violation.