Filing# 85262045 E-Filed 02/21/2019 08:48:43 AM

IN THE CIRCUITCOURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN:AND FOR PALM BEACH COUNTY, FLORIDA

STATE OF FLORIDA CRIMINAL DIVISION: "X"

CASE NO.:
. 502016CF005507
. . AXXXMB

v.

NOUMAN KH~N RAJA,

Defendant

ORDER PROHIBITING SPECTATORS FROM WEARING CLOTHING

ADORNED IN INSIGNIA, MESSAGES, OR OTHERWISE, IN CLEAR

FAVOR OF THE STATE OR DEFENDANT IN THE PRESENCE

OF JURORS DURING THE PEND ENCY OF THE TRIAL

THIS CAUSE came !Jefore the Comt sua sponte: The administration of a fair trial is of

the utmost iinportarice to the Court. Essential to the right to a fair trial is the principle that a

defendant is entitled. io be tried by a panel of impartial jurors whose verdict is 'based upon the

evidence developed at trial and is free from any influence or intimidation by impermissible

factors. See, e.g., Shootes v. State, 20 So; 3d 434,437-38 (Fla. 1st DCA 2009). The Court

endeavors to adopt. safeguards to ensure that the administration ofjustice at all stages of this case

is free from outside control and influence, and to protect the atmosphere in and around the

courtroom from becoming so hostile as to interfere with the trial process, in a manner consistent

with the constitution. See, e.g., Long v. State, 151 So. 3d 498, 501, 504-05 (Fla. 1st DCA2014).

"Judges. are not free t.o disregard factors external to the evidence, such as the atmosphere
.

in and around the courtroom, which may influence a jury's verdict." Shootes, 20 So. 3d at 438.

Accordingly; the Court seeks to ensure that ·the fairness of the trial is not prejudiced by any

:avoidable occurrences that may take place during the trial. Specifically, in light of the vast

public interest in this case which has generated significant medi.i attention; the Court anticipates

that many spectators will wear clothing adorned in insignia, images, messages, .or otherwise, in

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 02/21/2019 08:48:43 AM
clear favor of one side or another at trial with the intent to cause an effect on the jury. See Long,

151 So. 3d at 505. Causing that effect on the jury "is the very reason why many trial spectators

choose to adorn themselves with messages or images which favor one side or another at trial."

Id.

The Court likewise values the public's freedom of expression right under the First

Amendment. "Restrictions on first amendment rights must be supported by a compelling,

governmental interest and must be narrowly drawn to insure that there is no more infringement

than is necessary." Firestone v. News-Press Pub. Co., 538 So. 2d 457, 459 (Fla. 1989). The

Court has carefully balanced the freedom of expression right of the public to wear clothing

adorned in insignia and messages, with the compelling governmental interest to ensure the

proper administration of justice, which includes protecting Defendant's right to a fair trial in

which the jury is able to reach a verdict based solely on the evidence and free from any influence

of impermissible factors, such as clothing worn by spectators for the purpose of sending a

message to the jury. To narrowly tailor any such restriction on clothing worn by spectators

during the trial, and cause no more infringement than is necessary, it is hereby:

ORDERED that, for the duration of the trial, spectators wearing clothing or uniforms

that display insignia, messages, pictures, or the like, in clear favor of either the State or

Defendant will not be permitted inside of the courtroom or in any location within the courthouse

where prospective jurors and members of the jury may be.

DONE AND SIGNED, in Chambers at West Palm Beach, Palm Beach County, Florida,

this~ day ofFebruary 2019.

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Copies provided to:

Ric~ard G. Lubin, Esq., 707 North Flagler Drive, West Palm Beach, Florida 33401

(defense@l ubinlaw. com)

Scott Richardson, Esq., 140J Forum Way, Suite 720, West Palm Beach, Florida 33401

(snr@scottrichardsonlaw.com)

Ralph King, Esq., 2100 North Florida Mango Road, West Palm Beach, Florida 33409

(rickk@pbcpa.org)

Steven Malone, Esq., 707 North Flagler Drive, WestPalm Beach, Florida 33401

(stevenhmalone@bellsouth.net)

Brian Fernandes, Esq., 401 North Dixie Highway, West Palm Beach, Florida 33401

(bfernandes@sal 5 .org)

. .
Adrienne Ellis, Esq., 401 North Dixie Highway, West Palm Beach, Florida 33401
(aellis@sal5.org)

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