Charging affidavit in a Topeka homicide has been sealed from public view
A Shawnee County District Court judge recently denied a request from The Capital-Journal asking for the charging affidavit against Bruce Joe Holloway Jr., 20, of Lawrence, who is accused of killing Topekan Keith Gaylord Jr.
Magistrate Judge Christopher J. Turner checked a box Monday on a form saying he was sealing the affidavit to prevent the public disclosure of information that might "interfere with any prospective law enforcement action, criminal investigation or prosecution."
For the same reason, Turner denied a request for the affidavit submitted by a representative of WIBW-TV.
The denials came after Shawnee County District Attorney Mike Kagay's office asked that the affidavit be sealed, Turner's order said.
More:Editorial: Open affidavits
Kansas Press Association executive director responds
Emily Bradbury, executive director of the Kansas Press Association, responded by noting that since 2014, probable cause affidavits have been presumed open in Kansas.
"Holloway has been arrested and charged with the murder of Mr. Gaylord," Bradbury said. "To deny the affidavit for fear it may 'interfere with any prospective law enforcement action, criminal investigation or prosecution' is a stretch, at best, and runs counter to the law's intent.'"
Bradbury said she found it disappointing that Turner's order did not explain why the affidavit was sealed, or why a redacted version of the affidavit couldn't have been disclosed.
Holloway is charged with premeditated and intentional first-degree murder and aggravated battery linked to the Sept. 30 death of Gaylord, 23, and the wounding of Tyzale James Banks-Hall, who survived.
The shootings occurred shortly after 10 a.m. that day at the Meadowlark Apartments, 1621 S.W. 37th Terrace, according to court records.
Holloway is scheduled to appear at a Dec. 29 preliminary hearing.
A second man was arrested in the case, but no record could be found of his being formally charged.
More:Man charged with murder releases affidavit
Affidavit denial is second in district court this year
Monday's affidavit denial was the second this year in a murder case in Shawnee County District Court.
District Judge Jessica Heinen in April denied requests from The Capital-Journal, WIBW-TV and KSNT-TV seeking the charging affidavit regarding the killing the previous month in Topeka of a 6-year-old girl.
Turner last month approved requests from The Capital-Journal and WIBW-TV seeking the charging affidavit for a man charged with a homicide committed the previous month, which authorities said was followed by a downtown shootout involving law enforcement officers.
Contact Tim Hrenchir at 785-213-5934 or threnchir@gannett.com.
This article originally appeared on Topeka Capital-Journal: Magistrate seals charging affidavit in Sept. 30 killing of Topeka man