In re VSP-TK / 1-16-18 Shooting (Gray Television, Inc., Appellant)Annotate this Case
This case arose out of an inquest convened to investigate an incident in which police fatally shot a suspected bank robber after a standoff near Montpelier High School in Vermont. The day after the shooting, the State applied to open the inquest. The same day, the State served a subpoena on WCAX-TV, a station of appellant Gray Television, Inc., requiring that the station produce all of its unedited video recordings of the incident. Appellant moved to quash the subpoena, citing 12 V.S.A. 1615, a statute enacted in 2017 that protected journalists from compelled disclosure of information. At the beginning of the court’s hearing on the motion, the State requested that the proceedings be closed, arguing that inquests were secret, investigatory proceedings. The trial court agreed and excluded the public from the evidentiary portion of the hearing on the State’s motion. On February 16, 2018, following the hearing, the court issued a written decision granting the motion to quash. This was the first court decision interpreting section 1615 since its enactment. On its own initiative, and in light of its ruling excluding the public from the evidentiary portion of the hearing on the State’s motion, the trial court noted, “[i]nasmuch as this is an ongoing inquest this decision shall remain under seal, as shall the entire inquest file, and shall not be available to the public unless and until the inquest has concluded with indictments or informations.” The pivotal question presented for the Vermont Supreme Court's review in this case was whether a trial-court order granting a motion to quash a subpoena issued in the context of an inquest was categorically exempt from public disclosure. The Supreme Court held the order was a public record presumptively subject to disclosure under the Rules for Public Access to Court Records, and concluded that there was no basis for sealing the record in this case. Accordingly, the Supreme Court reversed the trial court’s denial of appellant Gray Television, Inc.’s motion to unseal the order.