A district court judge barred the public and the press from a motions hearing for Dale Bruner, a local photographer charged with killing his wife in November of 2010.
Judge Mark Thompson was expected to rule at the hearing Thursday on a motion from the defense to quash the indictment as well as a motion from the prosecution to allow Bruner's “prior bad acts” to be introduced at trial.
Fifth Judicial District Attorney Mark Hurlbert, under instructions from the court, would only say that the judge “reserved some rulings and made some rulings,” but would not disclose the nature of the decisions or to which motions they applied.
Another motions hearing has been set for the end of February, which will also be closed to the public, Hurlbert told the Summit Daily News after Thursday's hearing, which lasted approximately an hour.
Attorneys for the Colorado Press Association questioned Thompson's decision to close what is normally an open hearing without notice or reasons given to the press or the public.
“Case law makes clear that a court proceeding of this sort cannot be closed to the public without first providing advance notice and an opportunity for the press to be heard in opposition to the proposed closure,” said attorney Steve Zansberg, who represents the Colorado Press Association and the Summit Daily News. “Furthermore, the court must make on-the-record (publicly available) substantive findings that closure is necessary to protect a governmental interest ‘of the highest order' and that no less restrictive means are available that can adequately protect that interest.”
Attempts to contact Thompson for comment Thursday were not successful.
Thompson's office did not immediately produce a court finding indicating a government interest in the closure.
Judge Mark Thompson was expected to rule at the hearing Thursday on a motion from the defense to quash the indictment as well as a motion from the prosecution to allow Bruner's “prior bad acts” to be introduced at trial.
Fifth Judicial District Attorney Mark Hurlbert, under instructions from the court, would only say that the judge “reserved some rulings and made some rulings,” but would not disclose the nature of the decisions or to which motions they applied.
Another motions hearing has been set for the end of February, which will also be closed to the public, Hurlbert told the Summit Daily News after Thursday's hearing, which lasted approximately an hour.
Attorneys for the Colorado Press Association questioned Thompson's decision to close what is normally an open hearing without notice or reasons given to the press or the public.
“Case law makes clear that a court proceeding of this sort cannot be closed to the public without first providing advance notice and an opportunity for the press to be heard in opposition to the proposed closure,” said attorney Steve Zansberg, who represents the Colorado Press Association and the Summit Daily News. “Furthermore, the court must make on-the-record (publicly available) substantive findings that closure is necessary to protect a governmental interest ‘of the highest order' and that no less restrictive means are available that can adequately protect that interest.”
Attempts to contact Thompson for comment Thursday were not successful.
Thompson's office did not immediately produce a court finding indicating a government interest in the closure.
Murder in Silverthorne
A grand jury indicted Bruner in August on charges of second-degree murder, two counts of first-degree assault and three counts of tampering with physical evidence.Information in the indictment alleges Bruner hit, strangled and left his wife, Stephanie Roller Bruner, unconscious but alive in the Blue River near their home in just a T-shirt. She died of a combination of hypothermia, drowning, blunt force trauma and strangulation, according to the indictment.
The document stated Bruner then “destroyed, mutilated, removed, concealed or altered” his wife's computer and cellphone.
Dale Bruner reported Roller Bruner — a 41-year-old former county employee, dance instructor and mother of three — missing a few days before Thanksgiving 2010, telling police she went out for a walk the night before and never came home.
Rescue crews searched for three days as overnight temperatures dropped below zero before finally discovering Roller Bruner's body in the Blue River near her house.
Court records and family accounts indicate Roller Bruner and her husband were having marital problems in the weeks leading up to her death.
Roller Bruner was issued a temporary restraining order against her husband in October. The restraining order was revoked a few weeks later at the request of both.
Roller Bruner filed for divorce on Nov. 1. The couple had been married for 11 years.
The Bruner's three children are currently living with Stephanie's brother, Aaron Roller and his wife in California. Roller, who has been caring for the children since shortly after their mother's death, recently said they are doing very well.
Murder is a rare crime in Summit County. The last one occurred in Breckenridge Oct. 31, 2002, when Brandon Robbins, Michael Scott Dietert and Brian Stockdale beat Cody Weiland to death following an altercation at a Breckenridge deli.


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