FOX 9 cameras were initially allowed in court in Minnesota in the murder trial under new rules

(FOX 9) – In a first for Minnesota courts, a judge allowed FOX 9 to set up a camera in the courtroom to cover a murder trial from opening statements to jury verdicts under new rules implemented this year.

The Minnesota Supreme Court has cleared the way for greater transparency in courtrooms across the state after the high-profile trials of former police officers Derek Chauvin and Kimberly Potter at the height of the pandemic, when security and attendance in courtrooms was high was limited, unprecedented access was granted and the public demanded justice. However, state court judges still retain wide discretion when it comes to allowing cameras during criminal proceedings.

“Some processes are better known than others. But we have an interest in the outcome of each individual trial, because in each case a person’s freedom is at stake,” explained Jane Kirtley, a media and ethics professor at the University of Minnesota who has advocated for decades in state cases Courts have better access to cameras. “And we as a public have an interest in knowing how this is being dealt with.”

Minnesota State vs. Dhaha Hassan

Hennepin District Court Judge Amber Brennan allowed FOX 9 cameras in the recent murder trial of Dhaha Hassan.

Hassan was charged with murder, assault and illegal possession of a ghost gun last year in Minneapolis during a fatal traffic altercation with Randy Burris. Hassan claimed self-defense and argued he only opened fire when he feared for his life. The altercation occurred on November 18, 2023 along West River Parkway at Franklin Avenue. Hassan testified in his own defense.

A jury ultimately found the 25-year-old guilty of several counts, including unintentional second-degree murder. Hassan is currently scheduled to be sentenced on December 5th.

“I forgot the camera was there,” Hassan’s defense attorney Jessica Rugani said when asked about the presence of a television camera during the trial in October. “To be honest, I kept my nose down and focused on my work. In my opinion it was really unremarkable. I don’t mind at all.”

Lawyers argue during Dhaha Hassan’s trial. (FOX 9)

FOX 9 camera in courtroom

Although FOX 9 cameras were allowed into the courtroom, strict rules remain in place regarding what parts of the trial can be recorded. For example, witnesses may refuse to have their testimony recorded, which was often the case during Hassan’s trial. Only the defendant and his mother, who testified briefly, allowed the recording. Otherwise the camera had to be turned off. The recording of the opening and closing arguments as well as the reading of the verdict was permitted without restriction.

“In other states, judges and lawyers have become more comfortable with the presence of cameras, and they are even more likely to make the rules more liberal. And by liberal I mean you assume that cameras have as much right to be there as a member of the public or the press,” Kirtley said.

Judges can still say no

Statewide data shows judges in Minnesota have flatly rejected at least a dozen media requests to allow cameras in criminal trials this year. Judges have also rejected cameras because news outlets missed strict deadlines.

Other reasons a judge gave for denying a camera request included cases involving underage victims and domestic relationships between the parties. In the recent high-profile murder trial of Adam Fravel, the judge said no to cameras when the relatives of the victim, Madeline Kingsbury, objected to the trial being recorded. Fravel and Kingsbury shared two young children.

“When we have cameras all the time, which is the case in states like Wisconsin, the public takes them for granted. And I think that applies to all study participants too,” said Kirtley.