OTTAWA — District Judge Eric Godderz turned down a request this morning by the Ottawa Herald to open some closed motions and documents in the murder trial of Kyle Flack. During a hearing this morning in Franklin County District Court, Godderz refused to unseal those items sought by the Herald even though prosecutors said they were agreeable to unsealing them. Godderz scheduled another hearing for june 30 at the request of the Herald’s attorney, Maxwell Kautsch but said he was unlikely to change his mind. Publicizing those sealed items this close to the trial could make it difficult to find a fair and impartial jury for Flack, Godderz said. Also at the June 30, Flack’s attorney will seek to have his trial moved out of Franklin County. Flack faces charges of capital murder in the 2013 slayings of Kaylie Bailey, Lana-Leigh Bailey, Andrew Stout, and Steven White at a farmhouse north of Richter. Later, Godderz looked at photographs taken of the four slaying victims to decide whether to allow jurors to view them during the trial. Flack’s attorney, Timothy Frieden, objected to showing any photographs, saying it would prejudice jurors. Although he agreed to ban a few photos, Godderz said most photos, although shocking, were appropriate as evidence to show how the victims died. During the arguments, Stout’s mother quietly wept and later left the courtroom in tears. Godderz and the attorneys also discussed of developing a list of questions for potential jurors.
Tuesday, June 9, 2 p.m.
