TNT’s ‘Cold Justice’ to feature Pocatello murder case

Defense attorneys are fighting to stop the TNT show “Cold Justice” from airing on Friday, claiming they are afraid the show will impact the decade-old Nori Jones murder case before it’s brought to trial.

The Magical Elves Production company’s Boise-based attorney Deb Kristensen said Bannock County defense attorneys Randy Schulthies and Dave Martinez filed a motion on Dec. 23 to not air the show until after suspect Brad Compher’s trial so as to not taint the jury pool.

Kristensen said the issue here is to find a balance between the right to a fair trial and the right to free speech. However, she said the Supreme Court has to look for extreme circumstances in order to move forward with prior restraint requests.

“There may be an instance someday that justifies doing this but it would be akin to putting a chain of events in motion that would create a nuclear holocaust — I mean there are very extraordinary requirements that the court has set forth,” Kristensen said. “Instead, what the Supreme Court has said is, ‘Look, there are less restrictive means to address the concerns the criminal defendant raises.'”

Kristensen drew upon the New York Times case where the newspaper allegedly had stolen documents from the Department of Defense that contained national security information that could have impacted the war efforts happening in Vietnam at the time.

She said even in that instance, the Supreme Court allowed the New York Times to publish those documents.

Late Thursday afternoon 6th District Magistrate Rick Carnaroli struck down the request of prior restraint, so the defense attorneys went back before Carnaroli on Thursday afternoon to ask for his permission to take this motion to a higher court ruling.

“Cold Justice” will kick-off its third season on Friday at 8 p.m. with the Nori Jones case as its first episode. The show focuses on cold case murders in communities across the nation, and in this case, the show had been working with police to help speed-up the investigation process.

Kristensen said there are more issues that should be a concern to the defense such as jury instructions and questioning the jurors during the selection process.

“Especially in high-profile cases, jurors are instructed to not engage in social media about the case, watch television about the case, or read the newspaper about the case,” Kristensen said.

But she said since his trial date hasn’t been set yet and because the media should not be barred from reporting on these cases prior to the trial, airing this story will not present any clear and present danger.

She said Compher’s preliminary hearing is scheduled for sometime this April.