402 hearing last year for Chad Smith included thumbnails of anal sex and doggie style porn

This is the 402 hearing from last year. Only I was in court and once Ms. JoAnn Carter (Chad Smith's former attorney noticed I was in the courtroom, she requested the hearing be held in a closed courtroom.

From 2018:

I was in the courtroom on January 30 before the courtroom was closed. The 402 hearing continued on January 31 and concluded on Feb 2 (Ms. Carter out sick on Feb 1)

DA Investigator Perronne testifying about computer images. Thumbnails of porn on the screen, including anal sex and doggie style.

Ms. Carter said this is not evidence yet, asked that the courtroom be closed.

Judge Reinholtsen asked for case authority.

(After lunch, defense presented case law I wrote down all the cases cited by Ms. Carter and Judge Reinholtsen but not including all of them)

Walton v Riley (Judge Reinholtsen said that was federal case). Sac vs U.S. District Ct 4


Ms. Carter mentioned 4 part test. 1. Party must show overriding interest 2.Closure must be narrow 3. Altenative to closure must be considered 4. Court must make finding to support closure

Juror confidentiality had already been addressed with individual jurors being questioned in a close courtroom. Defense asked courtroom be closed for the 402 hearing.

"The only other option is to issue an order press not write about such a hearing but that would result in a backlash," said Ms. Carter.


"This is not a case that Ms. Eads or I wish to try in the media."

"Defendant has a right to a fair trial." If press had access, "it is likely that this evidence will be published", "newspaper would publish immediate evidence.


"This court must balance defendant's dight to a fair trial."


Ms. Eads: "We are not joining in this motion, we are submitting to the Court."


Then Ms Carter said she was going to ask for a continuance for a request to fund a computer. I cannot view what I need to view. "

Explained she had tried to work with County IT. Her only other option was to view at DA with someone monitoring her.

Judge Reinholtsen reacted to the news of the continuance by saying, how long, then saying, "you are talking about a timeline that jurors were not advised of." Jurors were told this trial would be over by feb 23.


Many jurors had completed the first and second questionnaire. 402 needed to be completed before jury selection.


Ms. Eads: "Things are blocked due to the internet. "


Ms. Eads: "We are seeking to introduce searches of certain age groups and familial relations."


Ms. Eads: "Everything from Mr. Smith's phone has been available (to defense) fir some time."



Perrone met with both attorneys privately offered options to Ms. Carter. He said these were thumbnails of csrtain images.


Ms. Eads: "I havent viewed pornographic films in the entirety." Ms. Eads said she did not need to view the films in their entirety. The purpose was to assist in proving the charges.


Judge Reinholtsen said he looked over 2017 criminal law, cited Press Enterprise v Superior Court, Ppl v Alfaro. No definitive answer.


Eventually, he decided to close the courtroom for the limited purpose of this hearing 1.given the fact that the case was in jury selection.  2 any proposed conduct had yet to be attributed to the defendant and to ensure defendants right to a fair trial

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