Judge won't bar public from courtroom during competency hearing in Ryan Rogers murder case
Public defenders argued the closure is the only way the man accused in the 14-year-old's death can receive a fair trial. They may appeal the ruling.
WEST PALM BEACH — A Palm Beach County judge on Tuesday refused to bar the press and the public from a hearing that will determine whether a homeless man is competent to stand trial for the November stabbing death of a Palm Beach Gardens teen.
The unusual request to conduct next week’s hearing behind closed doors is the latest attempt by attorneys representing Semmie Williams to keep the public from hearing details about Williams’ connection to the slaying of 14-year-old Ryan Rogers.
Circuit Judge Charles Burton said he understood the defense attorneys’ concerns about pre-trial publicity. Rogers' death, which occurred while he was riding his bicycle near his home, inflamed the community. Further, prosecutors have said they will seek the death penalty.
“But I’m not going to kick out the media,” Burton said.
However, he said, if questions veer into areas that could impact Williams’ right to a fair trial, he would clear the courtroom.
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Circuit Judge Kirk Volker has already limited what evidence can be shared with the public. Calling statements Williams made to police, DNA reports and other information “graphically incriminating,” Volker has ordered they remain off limits.
“My intent is to abide by Judge Volker’s order,” Burton said.
Burton was put in the position of upholding Volker’s order because he presides over mental-health court. It is up to Burton to determine whether Williams is competent to stand trial even though Volker is handling the case.
At a hearing last month, Burton said that two psychologists who examined Williams agreed he is competent, even though he has a long history of mental illness.
The hearing, scheduled for May 17, will give Williams’ attorneys a chance to question the mental health experts about their findings.
Assistant Public Defender Scott Pribble said the state law that governs competency hearings doesn’t make sense. By law, the reports written by Drs. Stephen Alexander and Adam White are confidential. But the law allows them to talk about their findings in open court.
“It’s a blind spot in our legislation if we can say the contents (of the reports) can’t be disclosed, but feel free to come and listen to people testify about the evaluations,” Pribble said.
Attorney Martin Reeder, who represents The Palm Beach Post, disagreed. He called Pribble's claims about the conflict “a radical position.”
Courts have long held that the public and the press "have a right to know what goes on in a courtroom,” he said.
While a judge can limit access to protect a defendant’s right to a fair trial, any restrictions have to be narrowly tailored, Reeder said.
A blanket order closing the hearing would run counter to a long history of judicial rulings, he said.
Judge stresses hearings won't speak to guilt or innocence
Pribble said it was likely he would question the doctors about statements Williams made shortly after his arrest in December, days after Rogers' body was found in a grassy area near the Interstate 95 overpass on Central Boulevard.
If Williams' statement sheds light on whether he is competent to stand trial, Burton said he would allow Pribble to ask questions about it in private.
Pribble said he wasn’t sure that satisfied his concerns about allowing other information about Williams’ mental health to be aired publicly. He said he may appeal Burton's decision.
Burton emphasized that he won't make any findings about Williams’ guilt or innocence.
Further, he said, even a ruling about Williams’ competency isn't far-reaching.
“It’s not a question as to whether Mr. Williams has a mental illness,” Burton said. “He probably has.”
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A ruling that Williams is competent to stand trial doesn’t mean Williams was sane at the time of Rogers’ slaying.
Further, it wouldn’t mean that Williams has been cured. Many defendants cycle in and out of psychiatric institutions before finally being brought to trial, Burton said.
“You may say, come June or July, he’s not competent anymore,” he said.
jmusgrave@pbpost.com