27-CR-20-12949: State vs. Tou Thao

Pool reporting is necessary when assigned courtroom seating cannot accommodate all interested journalists. Hennepin County District Court is requiring pool reporting in order to ensure all journalists are able to have access to details of courtroom proceedings.

If you are designated as the pool reporter, you will have a designated seat in courtroom 630 and you are expected to provide a timely read-out of the proceedings to your fellow journalists, within your pool category. If you are unwilling to do this, you will not be eligible for a saved seat in the courtroom.

The following pool reporting categories have been established for this case:

• Local Writer - MN (newspaper, blog, or website) - Star Tribune
• National Writer (newspaper, blog, or website) - Washington Post
• Radio (serving both local and national) - MPR News
• Local TV - MN - FOX 9
• National TV - CNN
• Wire Service - Associated Press

Additionally, one seat has been set aside for a sketch artist. Media outlets should email Spenser Bickett with the name of the reporter who will use the seat to have one reserved. Reporters should be prepared to present credentials in order to access their reserved seat.

Media members may use laptops or smartphones to take notes during the hearing. They cannot use these devices to record or provide social media updates during the hearing.

Media members who do not secure a pool reporting seat may follow instructions for general public seating to try and obtain a seat in the overflow courtroom.

In addition, a media room will be available on the 6th floor of the Family Justice Center, in an area across the hallway from the main courtroom. There will be a closed circuit audio and video feed of the proceedings available in this area. Media members will be able to use laptops or smartphones to take notes or provide social media updates during the hearing. They cannot use these devices to record during the hearing.

There are 10 seats available in this media room. To reserve a seat in this area, email Spenser Bickett with the name of the reporter who will use the seat to have one reserved. In the interest of providing access for the most possible outlets, media are only about to reserve one seat in either the main courtroom or the media room.

Reporters should be prepared to present credentials in order to access their reserved seat.

Because of significant interest in this case, an audio and video feed of the proceedings will be played in an overflow courtroom on the 18th floor of the Hennepin County Government Center to accommodate those who do not have a seat in the courtroom. 

Courtroom C-1853 will be used as an overflow courtroom. Because of social distancing protocols, there are 21 seats available in courtroom C-1853. Those seats are available on a first-come, first-served, basis.  

Waiting for seats in the overflow courtroom will take place at a designated spot in the hallway outside the courtroom.

Recording devices are allowed in Minnesota District Courts under the conditions prescribed in Rule 4 of the General Rules of Practice. Media covering cases by audio/visual means are expected to be fully aware of all details contained in the Rule.

For more information about camera use Hennepin County Court locations, please read the Memorandum of Understanding Governing the Usage of Cameras and Recording Devices in Fourth District Court Facilities (pdf).

Hennepin County has implemented additional requirements for entry to all county buildings, which include all Hennepin County District Court courthouses. All visitors will be required to:

• Wear a face covering
• Maintain 6 feet of social distance.

Do not enter the building if you have had any COVID-19 symptoms.

You will be required to follow Minnesota Department of Health social distancing guidelines while in the courthouse. Learn more about safety measures all courthouses are following to reduce the spread of COVID-19 by visiting the Reopening webpage.
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Learn more about how courts have responded to COVID-19 by the Emergency webpage.

The Minnesota Rules of Criminal Procedure govern the court procedures in prosecutions of felonies, gross misdemeanors, misdemeanors, and petty misdemeanors in the Minnesota State District Courts.  Questions about the procedures for hearings and other parts of the case process can be addressed by referring to these rules.

Access to case exhibits is governed by Minn. R. Pub. Access 8, subd. 5, which states that except where access is restricted by court order, “documents and physical objects admitted into evidence in a proceeding that is open to the public shall be available for public inspection under such conditions as the court administrator may deem appropriate to protect the security of the evidence.”  Additionally, the rule provides that in general evidentiary exhibits from a hearing or trial shall not be remotely accessible.

In this case, pursuant to Rule 8, the court has ordered that all publicly accessible documents related to this case, that are otherwise not remotely accessible, shall be posted on a public website.  That order does not authorize remote access to any non-documentary exhibits (recordings). 

The following exhibits in this case are available for copying:

• Exhibit 1, Exhibit 2 and Exhibit 4 filed in support of the memorandum in support of motion to dismiss filed on August 5, 2020.
• Exhibit 1, Exhibit 2, Exhibit 3, Exhibit 4, and Exhibit 5 filed by the State on August 12, 2020.

Please submit your copy requests via Public Affairs, and we will begin processing your request.
 
Any requested copies will be available for payment and pick-up at the public service counter on the 11th floor of the C-Tower of the Hennepin County Government Center. This counter is open from 8 a.m. to 4:30 p.m. Monday-Friday. You will be contacted once your copies are available for pickup.
 
Per Minn. Stat. § 357.021, subd. 2(2), plain copies of exhibits are $8 per exhibit. Payment via cash, check, or credit card must be submitted at pickup.