Expanded Media Coverage RE: Bahena Rivera

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E-FILED FECR010822 - 2021 MAY 10 03:21 PM POWESHIEK

CLERK OF DISTRICT COURT Page 1 of 4

IN THE IOWA DISTRICT COURT IN AND FOR POWESHIEK COUNTY

STATE OF IOWA,
Plaintiff,
Vs. NO. FECR010822

CRISTHIAN BAHENA RIVERA, ORDER CONCERNING


EXPANDED MEDIA COVERAGE
Defendant.

In any trial, balancing the Defendant’s constitutional rights to a fair and impartial jury while
permitting the public and the press to exercise their First Amendment rights requires rules for
courtroom management and decorum. The courtroom protocols ordered by the Iowa Supreme
Court to mitigate the spread of COVID-19 and the substantial public interest and media
attention of this case further complicates the normal observance and coverage of this trial.

In light of this intense public and news media interest and to follow the COVID-19 safeguards,
the Court will make these following rules of conduct and guidelines designed to govern the
expectations of the media, persons involved in the trial, and those observing the trial so that
the decorum of an open court will be maintained throughout the proceedings. As a supplement
to the Order entered on June 18, 2019, the Court enters the following Order:

1. Jury trial is scheduled to commence with jury selection at the River Center, Davenport,
Iowa, at 8:00 a.m. on May 17, 2021, and is expected to take ten days. Once a jury has
been selected, the trial shall be conducted at the Scott County Courthouse, Courtroom
#3, Davenport, Iowa.
2. The public and members of the news media may attend jury selection at the River
Center. Photography, audio recording, video recording, Tweeting and live blogging is
prohibited during jury selection. No member of the public or the news media will be
allowed into jury selection with an electronic device. Electronic devices include, but are
not limited to, laptop computers, cellular telephones, personal digital assistants,
smartphones, and tablet computers.
3. While the trial is conducted in the Scott County Courthouse, the Rules of Expanded
Media Coverage set forth in Chapter 25 of the Iowa Rules of Court (2017), except as
modified herein, shall govern all proceedings in this case.
4. Representatives of the news media may use three remote controlled video cameras
with pan/zoom/tilt capabilities for pooling with other news media and one “fisheye”
camera for internal production purposes.
5. Representatives of the news media may use four microphones mounted to existing
microphones in the courtroom for pooling with other news media. Representatives of
the news media may also connect to the courtroom sound system for pooling with other
news media.
E-FILED FECR010822 - 2021 MAY 10 03:21 PM POWESHIEK
CLERK OF DISTRICT COURT Page 2 of 4

6. Representatives of the news media may use one still camera with one camera operator.
A rotation of still photographers may pool still images for requesting media.
7. All cameras must be unobtrusive, without distracting light or sound.
8. Other than light sources existing in the courtroom, no flashbulbs or other artificial
lighting shall be used in the courtroom.
9. Equipment in the courtroom shall be operated from a fixed position.
10. Placement of the equipment shall be under the direction of the presiding judge and the
Seventh Judicial District Office of Court Administration working in conjunction with the
Media Coordinator.
11. There shall be no audio pickup or broadcast of conferences between attorneys and their
clients, between co-counsel, or between counsel and the presiding judge held either at
the bench or in chambers.
12. Expanded news media coverage of jurors is prohibited.
13. Media equipment shall be in place by 4:30 pm Monday, May 17, 2021, and remain in
place until the completion of the trial. Media personnel producing the pool cameras will
be allowed to control the video cameras remotely from a designated media room in the
courthouse.
14. The pool video will be distributed to members of the news media from a location
outside the Scott County Courthouse. The pool video may be used by members of the
news media for recording, broadcasting, and livestreaming.
15. All news media personnel in the courtroom and in the media room must wear
identification, which is clearly visible and which states the person’s name and media
affiliation.
16. Four permanent video cameras and four permanent microphones are installed in the
courtroom for videoconferencing. Those cameras will be in use for teleconferencing.
17. Due to the limited size of the courtroom and the required social distancing, no members
of the public or the members of the news media, with the exception of one still
photographer, will be allowed into the courtroom during the trial.
18. The Court will allow the proceeding to be livestreamed to designated areas in the Scott
County Courthouse for family members to observe. Family members allowed in the
courthouse will be specifically identified by the Poweshiek County Attorney's Office and
counsel for Defendant as approved by the Court. All members of the public not
preapproved in this manner should seek access to the livestream by alternate means.
The information required to watch the proceedings livestream will be made publically
available. Members of the news media may watch the proceedings using the pool video.
19. No interviews may be conducted by any member of the news media in the Scott County
Courthouse.
20. The possession and/or use of electronic devices, including but not limited to cellular
telephones, within the Scott County Courthouse is prohibited by administrative order
with some exceptions. Per the order, members of media in the courthouse for this trial
may possess and use these devices in the media room only.
21. All media inquiries must be directed to the Region 12 Media Coordinator. Members of
the news media should not contact the presiding judicial officer or court staff directly.
E-FILED FECR010822 - 2021 MAY 10 03:21 PM POWESHIEK
CLERK OF DISTRICT COURT Page 3 of 4

IT IS FURTHER ORDERED that media coverage may be terminated or further limited if these
rules are violated or if it is determined that the substantial rights of any party to a fair trial are
impaired by future coverage.
E-FILED FECR010822 - 2021 MAY 10 03:21 PM POWESHIEK
CLERK OF DISTRICT COURT Page 4 of 4

State of Iowa Courts


Case Number Case Title
FECR010822 STATE OF IOWA VS RIVERA, CRISTHIAN BAHENA
Type: OTHER ORDER
So Ordered

Electronically signed on 2021-05-10 15:21:39

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