Judge Denies Gag Request In Boulder Shooting Case

April 13, 2021
Maris Herold, Michael DoughertyMaris Herold, Michael DoughertyDavid Zalubowski/AP
Boulder Police Department Chief Maris Herold, front, joins Boulder County District Attorney Michael Dougherty, center, in considering a question about the ongoing investigation into the mass shooting at a King Soopers grocery store during a news conference outside police headquarters Friday, March 26, 2021, in Boulder, Colo.

A Boulder judge denied a request made by the public defenders for the alleged gunman that prosecutors and law enforcement should be banned from making public statements outside of the courtroom about the King Soopers shooting case.

Defense attorneys representing the 21-year-old accused of shooting and killing 10 people at the Table Mesa Drive King Soopers in March wanted to severely restrict information released to the public about the investigation, citing the defendant’s right to a fair trial.

Boulder County District Attorney Michael Dougherty pushed back, saying while he respected the defendant’s right to a fair trial, he said state statute compelled him to release some details about the investigation. 

Chief District Judge Ingrid S. Bakke agreed. She said defense attorneys didn’t cite any examples of when law enforcement said anything inappropriate in the days following the March 22 shooting. Dougherty and Boulder Police have held three press conferences.

“Specifically, the court finds the defendant failed to identify any specific statements made by the people or by law enforcement that violate the defendant’s rights to a fair trial, to an impartial venire, and to due process of law,” Bakke wrote.

The defendant remains in custody and has a status hearing in May.