Open or closed? Hearings debated in Frein case

By Anya Tikka
MILFORD — Another pre-trial hearing for accused trooper killer Eric Frein was cut short.
The April 19 hearing of the defense team — which seeks to remove the death penalty sought by the district attorney, and to suppress statements obtained from Frein soon after his arrest — was recessed. Judge Gregory Chelak had ordered part of the testimony to held in camera, which deprived access of to all but a few close family members. But after a reporter objected, the hearing was recessed, with a ruling on the media issue expected on April 21.
The April 21 hearing was cut short. This time, Frein’s defense attorney Michael Weinstein filed a motion to postpone the hearing, which in effect sidestepped the in camera issue that didn’t get a ruling that day.
Judge Chelak agreed and postponed the hearing. The date of the next hearing is yet to be determined. The next, already filed date, on June 3, is to hear the defense argue for a change of venue of out Pike County, according to Pike County Court System website.
Future hearings may be held open or closed. Judge Chelak said future hearings and trial dates will be announced as open or closed so that anyone with objections can file court motions.
The Pike County District Attorney, Ray Tonkin, wants the death penalty to remain an option in the first-degree murder case.
The defense attorneys say the statements Frein gave right after his arrest violate his constitutional rights.
Frein is accused of killing Cpl. Bryon Dickson and seriously wounding Trooper Alex Douglass in the September 2014 shooting outside Blooming Grove state police barracks.
Both Tonkin and Weinstein spoke outside the court house after the judge’s ruling on April 21.
Weinstein said he had not asked for closed hearings, although he preferred them.
“What you heard was that the judge concurred with my motion (to postpone) today," he said. "It was a traditional ruling."
Tonkin said he wanted the case to move forward.
The judge didn’t rule that future hearings would be either open or closed.
“But it seems to me, he’s leaning toward open hearings," Weinstein said. "The ruling was appropriate. We’ll address all these issues down the road.”