Colorado Supreme Court orders explanation from judge on Robert Dear’s sealed records

The chief judge of El Paso County’s 4th Judicial District has 20 days to explain why he won’t release arrest affidavits and court records related to the Robert Dear trial.

The Colorado Supreme Court is forcing the judge to explain why he’s keeping that information private.

The attorney representing 25 media organizations, including KRDO NewsChannel 13, filed the motions to get the documents unsealed.

He worries the arrest records serve as public interest and is afraid the court’s actions will set a dangerous precedent.

“Once an arrest warrant has been issued and the defendant is formally charged, they records are unsealed. That’s pretty typical,” said attorney Steven Zansberg.

Court papers that are typically open to the public after a preliminary hearing remain sealed.

In December, 4th Judicial District Chief Judge Gilbert Martinez ruled unsealing the records was contrary to the public interest.

Zansberg brought the issue to the Colorado Supreme Court to reverse the decision.

Judge Martinez told KRDO NewsChannel 13 he could not comment on the process, but for those documents to remain sealed took another defense attorney by surprise.

“I’ve never seen a case where an entire arrest affidavit has been sealed,” said attorney Jeremy Loew.

He said if the court can justify why those records threaten the judicial process, Martinez’s ruling could be upheld. But, he said, with the ability to redact and keep out pertinent information, it’s difficult to have the whole thing sealed.

Dear admitted in court to killing three people and injuring nine during a shooting at Planned Parenthood in November.