Judge allows defendant's statement at Fayetteville rape trial, cameras barred

FAYETTEVILLE -- A man charged with two counts of rape filed motions to suppress evidence and to bar the media from taking pictures or video in or around the courtroom during his trial next week in Washington County Circuit Court.

Cesar Michael Figueroa, 24, of Springdale is accused of raping a woman in a University of Arkansas parking lot in 2012. The case has been reset multiple times since Figueroa was charged in 2013, once after he changed lawyers last year. The trial is set to begin Monday.

Administrative Order

To read the Arkansas Supreme Court’s Administrative Order No. 6, go to the following website: https://courts.arka…

Source: Arkansas Supreme Court

Figueroa asked his statement to university police be suppressed. The motion was denied Thursday afternoon by Circuit Judge Mark Lindsay, who found Figueroa was properly read his Miranda right twice and gave a voluntary and knowing statement to police.

A preliminary police report said Figueroa admitted the assault during the police interview.

Autumn Tolbert, with the Washington County public defender's office, filed a motion asking Lindsay to grant a defense motion to prevent "broadcasting, recording or photographing in the courtroom or in areas immediately adjacent thereto."

The motion is based on Arkansas Supreme Court Administrative Order No. 6, which says "an objection made by a party or attorney shall preclude broadcasting, recording, or photographing of the proceedings."

Lindsay said Thursday he doesn't plan to take up the issue as it appears, from the language of the order, that an objection by any party is sufficient to invoke the exception.

Prosecutor Matt Durrett said he doesn't recall such an objection having been made during his tenure with the office, which dates to 1998.

Tolbert didn't respond to messages left at her office Thursday.

The administrative order addresses numerous issues about recording or photographing court proceedings.

Taking pictures of sexual assault victims, juveniles, jurors and undercover police officers or confidential informants is prohibited, as is filming or recording probate and domestic relations proceedings and drug court proceedings.

The order allows judges to allow photography, video or recordings during court sessions provided the participants will not be distracted nor will the dignity of the process be impaired.

Lindsay's courtroom has a window behind the jury box journalists have used to take photos or video during trials, with the understanding jurors and sexual assault victims are off limits. Access to the photo closet is through the reception area of judge's office.

Figueroa was arrested by university police Aug. 26, 2013, after his DNA -- collected after an unrelated arrest -- matched a DNA sample collected as part of an investigation into a reported rape. A student told police she was raped in parking lot 14 on the eastern side of campus.

A match was found after Figueroa's DNA was submitted to a national database that includes some Arkansas arrestees and those convicted of most felonies. The database also has DNA profiles from evidence collected at some crime scenes.

NW News on 02/27/2015

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