In an order issued on Jan. 8, Brown County Circuit Court Judge Judith Stewart states she will deny the State's request for a closed hearing regarding Daniel Messel's prior criminal history. Stewart said she will allow the state to bring that evidence into a closed door session with the defense.
State prosecutors seek to use Rule 404(b), which would allow them to submit evidence of Messel's other "crimes, wrongs or other acts."
"However, recognizing the unfair prejudice that would occur if potential jurors were exposed to allegations of other acts, particularly if that evidence is ruled inadmissible, the State and defendant both seek to have a closed hearing," says Stewart in the court brief.
Stewart leaves open the possibility of a public hearing of the 404(b) evidence at some point, but only "after the jury has been sworn and admonished not to read, watch, or listen to any media coverage of the trial."
Stewart's order also requires the state to provide the defense with a list of acts they wish to enter as character evidence. If the state wishes to enter 404(b) evidence, they have until February 22.