KOAM-TV/KFJX-TV and other media file motion to unseal court docu - KOAM TV 7

KOAM-TV/KFJX-TV and other media file motion to unseal court documents

KOAM-TV/KFJX-TV and other media have filed a motion to unseal court documents in the case of David Bennett, Junior, a man charged with capital murder, rape, and criminal threats.

An attorney hired by the Kansas Association of Broadcasters says the State of Kansas sealed the documents to help ensure Bennett would get fair representation in court.  However, the KAB wants a hearing to determine if that concern outweighs the First Amendment right of Freedom of the Press.

Bennett was arrested late last year after 29-year-old Cami Umbarger and her three children were found dead in a Parsons, Kansas home.

The attorney hired by the KAB says this formal request to make court documents public would be a new consideration in this case.

"It's new information.  It's a new test with factors that have to be considered against this new test.  And the judge and the parties just weren't thinking about this test when they considered whether to close the case or not, because they didn't have to.  Because the media hadn't made a motion at that time," says attorney Max Kautsch.

No date has been set yet for when a judge would hear arguments from Kautsch.  Kautsch is confident a judge will agree to hear his arguments.
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