Kenosha’s Judge Schroeder Grants Court TV Permission to Livestream Murder Trial Over Parties’ Objection

On Monday, February 27, 2023, opening statements began in the Circuit Court of Kenosha County, Wisconsin in the murder trial of Zachariah Anderson. Anderson is accused of stalking and killing his ex-girlfriend’s new boyfriend. The victim’s body has not been found. Prior to the commencement of the trial, Court TV submitted a request for extended media coverage of  the trial proceedings to Judge Bruce Schroeder, the judge presiding over the trial, and the same judge who presided over the trial of Kyle Rittenhouse in 2021. Extended media coverage refers to live video and audio coverage of court proceedings for broadcast. The prosecution and defense filed a joint objection, seeking to preclude Court TV from broadcasting the trial. The litigants acknowledged Wisconsin’s broad protection of the media’s right to cover a criminal trial, but argued that the United States Supreme Court recognized limits on the right to such coverage, particularly when the media seeks to record and broadcast testimony, rather than simply attend the proceedings and report on what they observe. Both the prosecution and defense argued that allowing extended media coverage would have a detrimental effect on a juvenile prosecution witness. BHH argued on behalf of Court TV at the hearing on the litigants’ objection, asserting that prohibiting live broadcast was inconsistent with Wisconsin rules and policy on media trial coverage. Judge Schroeder acknowledged his obligation “to balance the constitutional right of the defendant to a fair trial, the public’s right to know, the constitutional and statutory rights of the media to attend the proceedings, and the court’s own interest in maintaining order . . .” The court ultimately denied the litigants’ request to prohibit extended media coverage, and Court TV agreed to use best efforts to avoid broadcasting the identity of the juvenile witness