“Judge Karlin Myers tries to gag the press in Davenport case.” Could there be a more sensational title for an article? Sadly, it is not sensational at all. It is a dangerous and scary fact.
Last week, I penned an article about the existence of an email in the Varlo Davenport case. It was one of several documents sought out for over a year by his defense attorney. The degree to which the prosecutors and Dixie State University attempted to keep those documents out of the hands of the defense — and by default, the public — is downright scandalous. You and I have been witness to machinations so sinister and so Machiavellian that it has not been my experience in my nearly 50 years to witness such a thing.
The antics in this case range from the illegitimate firing of Davenport by Biff Williams to the after-the-fact suspicious criminal charge. From the county attorney’s unwillingness to take the case in spite of alleged pressure by the Board of Trustees to the city taking up the case under the guise that it is a common practice. From city councilwoman Michele Randall telling Davenport the city’s case was strong and that he should cop a plea to the serendipitous visit to their home by city councilman Gil Almquist. From the ex parte communication between attorney Michael Carter and Judge Ron Read to the recusing of the judge and his unorthodox replacement Karlin Myers. From the city yet again trying to keep the emails from the defense to the time that they conceded (yet still failed to do so in court) to turning over a file said to be complete that was not. From the mysterious no-show of Michael Carter in spite of a court order to be present to his “I’m here but I’m not here” step-in Doajo Hicks. From Hicks misrepresenting himself in a Utah court of law as an attorney when in point of fact he was not licensed to do so to the fact that neither the city nor the judge saw fit to address it. From the insistence by both city attorney Robert Cosson and the unlicensed guy’s statement in court that no such email regarding the alleged victim’s grade existed to its discovery and the judge not addressing the misstatements by the attorneys in court.
All of this has happened, and not one thing has been done about it.
The city and the court are carrying on with this case as though nothing has happened. The city is attempting to try this case in a vacuum whereby no extenuating evidence may be allowed to be presented. In what may be a violation of the defendant’s Sixth Amendment rights, he will not even be allowed to call witnesses who had intricate involvement in the so-called investigation and charge of a crime. He will not be allowed to argue consent as a defense. That is to say that even though multiple university theater programs employ the same pedagogic practice in class that he used, which the students consent to, Davenport will not be able to say that this is what he was doing and that the alleged victim, with witnesses, consented to it.
But what transpired in the jury selection hearing last week could quite possibly top all of this combined as the judge, Karlin Myers, gave an order to the press not to report about the now-existent grade email or anything else regarding grades. Understand that this information was discussed in open court, was not privileged or sealed, and was previously reported on.
In the hearing, the city argued that the email was irrelevant because it did not state that the order to Davenport by Mark Houser to give an A grade was partial to the alleged victim but rather just what was fair and right since she had been through so much.
First, this presumes guilt and absolutely shows favor to the alleged victim. If she were going to receive a lesser grade due simply to her performance in class — and Houser as well as Dean Jeff Jarvis, who asked Davenport what her grade was, decided to override that and go as far as to demand that Davenport do it — it is favoritism. Period.
But more importantly, the point was less about grading as it was prosecutorial misconduct. Cosson and Hicks told the court the email did not exist. They presented documents to the court in accordance with an order to do so and said that everything was included when in point of fact it was not. They either did not know that the email existed and were honestly stating so or they did know and were lying in the hopes it would not be discovered. Either way, they misrepresented facts in court, and the court did not address it. By attempting to gag the press on the matter, this judge was in essence exonerating the prosecution for its misconduct. And also violating the First Amendment from the bench.
In Nebraska Press Association v. Stuart, the Supreme Court of the United States made a landmark decision in which it held unconstitutional any prior constraints on media coverage during criminal trials.
“The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive scrutiny and criticism,” noted Chief Justice Warren E. Burger. The court concluded, “but plainly a whole community cannot be restrained from discussing a subject intimately affecting life within it.”
That Myers is defying what is black-letter law in this country is indicative of the assertion that something is seriously amiss in the St. George justice court. His actions here appear not only to favor the prosecution in the case but to apparently protect the court from all of the other wrongdoing in this case and perhaps others.
And for too long, this city has enjoyed the comfort of a compliant and consensual press. Kevin Jenkins at the Spectrum in his article on last week’s hearing obeyed the order.
On the day that marks this country’s independence, I will tell you that now more than ever in the history of this great city, it is time for its citizens to take a stand in solidarity, in spite of all political differences, against this mockery of not only the judicial process but of our principles of liberty as a free nation.
I have often stated both in print and on the air that the founders were supreme in wisdom when they penned the very first amendment to the constitution. Besides sets of checks and balances, the Fourth Estate is one element, perhaps the most important one, that helps ensure our freedom. The Supreme Court has repeatedly agreed so many times that it is considered black-letter law. The ability to hold our elected and appointed officials in check is one of the most patriotic and necessary freedoms we have, and when the day comes that the government can silence what is legally allowed to be spoken of, written of, and disseminated by the public, all is lost.
That day has come in St. George.
This case is quite possibly the most important case on the books at present, because it openly displays the apparent illegitimacy and brutality of the justice court here as well as what could aptly be described as collusion and corruption by its leaders from the school, to law enforcement, to the city, and — yes — perhaps even the bench.
See you out there.
Editor’s note: A previous version of this article misspelled Doajo Hicks’ name.
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Why would any current or former council members contact Mr. Davenport? How does this make sense?
These actions on Meyers part are disgraceful, and his little gag order clearly violates the standard set in the Nebraska Press Association Case. Be careful good old boys, a lot of people are watching this back scratching exercise between dsu and st George city. It’s not too difficult to figure out who’s behind it. Eventually the evidence will show it and there will be a reckoning.
Dude. Editors! Spelling. Grammar. Style. Please proof your stuff. It is painful to read. And yes, I used periods for dramatic emphasis, on purpose. In every one of your pieces, the prose is littered with careless mistakes. I am an unbiased reader with no agenda, so don’t tie me and this comment to any group. I want to read quality reporting and writing to accompany it. Get on your game and stop embarrassing yourself.
Dallas —
What is the status of the city ordinance enforcement lawsuit ??
I like the “see you out there ” every week. Just let us know where we are gathering and a whole lot of disgruntled and disgusted people will join you.
It appears that Dallas cannot be bought or silenced . Good.
But what if he was offered (four), all expense paid vacations to Cabo each year? hum, That’s a no brainer.
I’m not surprised the Washington County Attorney’s office wouldn’t touch this case with a ten foot pole.
What’s the definition of Integrity in this town?