Judge Steven Sword, in an order issued Tuesday, said he
reviewed some 96 newspaper and television articles submitted by the defense, and
he felt the “vast majority of the evidence” against Lowe “has not been
publicized.”
He also noted that the majority of coverage reflected the
actual development of court proceedings and “is not a case by its nature that involves
information that would tend to appeal to the prurient interests of the public.”
“In other words, there are no ‘gory details’ that would tend
to excite passions,” Sword wrote. “There is a greater danger of losing the
interests of the jurors than invoking passion against the defendant.”
The state, however, disagreed, saying
attorneys had no problem last August when they selected a panel to hear a trial
for one of Lowe's co-defendants.
At the time, only a handful of people
even recognized Lowe's name, the state said.
Sword agreed.
“A jury was chosen within a half-day and none of the extra
jurors were needed,” he wrote. “The court expects selection of the jury to
proceed in a similar manner in Mr. Lowe’s trial.”
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