The Missouri Supreme Court heard oral arguments Wednesday morning in Jefferson City in the case of a veteran Hermann newspaper reporter who used a cell phone to take photos in court during a high-profile January death penalty case.
The reporter is now retired: Cathi Utley was designated by the local court as pool photographer for the Kenneth Simpson case. The local court allowed her to take still photographs with a camera (not a phone) during breaks and attorney arguments.
An attorney representing the Franklin County Sheriff’s Department, Andrew Clarke, told the Missouri Supreme Court Wednesday that Cathi Utley used her cell phone to take photos and to record video during the trial and should spend five days in the county jail for contempt.
Utley’s attorney, Jessica Hathaway, disagrees and says Ms. Utley’s camera wasn’t working that day and that she accidentally recorded 47 seconds of the trial and deleted it when she realized it. The Missouri Press Association (MPA) agrees and has filed a friend of the court brief. The Press Association says criminal contempt is a last resort and they’re asking the Missouri Supreme Court to grant Utley relief.
The Missouri Supreme Court heard oral arguments on Wednesday and did not issue a decision. There is no timeframe on how long that will take.