Charleston shooting: Judge OKs release of some documents

A South Carolina judge on Wednesday issued an order allowing the release of some documents in the shooting deaths of nine black parishioners at a Charleston church but blocking the release of audio, video and pictures identifying the victims.

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Circuit Judge J.C. Nicholson, who earlier had blocked the release of all documents and banned attorneys from discussing the case with the media, modified his order after a private meeting with attorneys earlier this week.

News organizations, including The Associated Press, challenged Nicholson's original order stemming from the June 17 shootings at Emanuel AME Church.

The judge had blocked the document release saying he was concerned that 21-year-old Dylann Roof, who is charged, could be jeopardized by pretrial publicity.

Attorneys argued the issue at a hearing before the judge last month and he indicated he would modify the order. They met again Monday to discuss what materials might be made public.

The judge's four-page order said that releasing certain material would violate the state Victims' Bill of Rights.

"This court is particularly concerned with the harm that would be caused to the victims by releasing certain graphic crime scene photos and video as well as audio of the 911 calls," the order said.

The order prevents the release of any evidence containing "crime scene audio, video or images of one or more of the victims' voices, bodies, body parts, personal identification, personal effects or a substantial amount of victims' blood."

It noted "this graphic and sensitive evidence is only a fraction of the existing evidence."

Nicholson said he would allow the release of "any transcript of the 911 calls requested and released" under the Freedom of Information Act.

But Charleston County spokesman Shawn Smetana says the county has no transcript, only audio, of 911 calls made to the county dispatcher the night of the shootings.

Prosecutor Scarlett Wilson said the state is working with the city on getting the material not covered by the order ready for release. She said in an email that it would likely be released "within a week or so."

Roof faces nine counts of murder and other charges in state court in the slayings. The state is seeking the death penalty in a trial set for next July.

Roof also faces dozens of federal charges, including hate crimes and obstruction of the practice of religion. The U.S. government has not said yet whether it will seek the death penalty and no firm trial date has been set.

The judge said he would retain jurisdiction in any future disputes over the release of documents in the case. That means Nicholson will hear such matters, instead of parties in the case filing other lawsuits over freedom of information issues.