Judge blocks media from players' hearing

Lee County District Judge Steve Speakman announced Wednesday that he found probable cause for a grand jury to hear charges against four former Auburn football players for the alleged armed robbery which took place last month, court officials confirmed.

Antonio Goodwin, Shaun Kitchens, Mike McNeil and Dakota Mosley were kicked off the football team by Coach Gene Chizik shortly after their arrests.

Speakman barred the media and public from attending the preliminary hearing after granting a motion issued by Mosley's attorney Davis Wittelsey.

In the motion, Wittelsey sought closure of the hearing on behalf of his client as well as Kitchens and Goodwin, who are all under the age of 21. The three younger defendants could seek youthful offender status if the grand jury indicts.

With the hearing scheduled for 11 a.m., media personal were given no notice of a closed hearing until one hour before.

In response, The Auburn Plainsman contacted attorney Dennis Bailey to file a motion against the closed hearing. While motions were filed, the preliminary hearing went on in private as scheduled.

"I would generally say that decisions to close court proceedings should not be made without giving the press and interested parties at least an opportunity to review the question in advance," Bailey said. "That wasn't done here."

In the motion, The Plainsman requests that the court "conduct all future proceedings in this matter (and related matters) in open court as required by Alabama law and the First Amendment to the United States Constitution."

They also requested that any records or filings made during Wednesday's hearings be available to the public since no defendant currently has youthful offender status.

With the motion filed, the Opelika-Auburn News was notified and decided to join The Plainsman in the initial motion and any others in this matter that may follow.

Prior to the notification of a closed hearing, media outlets were issued an email from court officials Tuesday that indicated the proceedings were to be conducted in a normal fashion: pen and paper only and restricted use of recording devices was to be expected.

"There was nothing in the file that indicated anyone wanted to do anything but postpone the hearing," Bailey said.

Wittelsey had previously filed a motion on behalf of Mosley March 28 to delay the preliminary hearing, which was subsequently denied by the judge.

Throughout the hearing, only the defendants and their attorneys, as well as their families and families of the victims, were allowed in the courtroom.

While Goodwin did not attend the proceedings, the other defendants present managed to sneak out through the back door without any comment.

Attorneys for the defendants and District Attorney Robbie Treese also declined to comment after the hearing.

The defendants were arrested March 11 when they were pulled over by police officers. Their vehicle matched the description given by victims of a residence that was robbed on Wire Road. While a handgun was found in the defendants' possession, the victims reported no injuries.

Atlanta native Goodwin, who played special teams and wide receiver last season as a true freshman, was expected to compete for a starting position.

McNeil, a Mobile native who was part of Auburn's 2007 recruiting class, was expected to be a starter and leader of a young secondary for the Tigers next season.

Mosley, of Little Rock, Ark., was redshirted last season.

Kitchens, of College Park, Ga., played special teams last season for the Tigers. He also saw limited playing time at wide receiver, catching one pass. He was expected to compete for a starting position in spring practice.

All three freshman were part of Auburn's 2010 recruiting class.

"It may be that in hindsight that what was done here was proper," Bailey said. "But until I see some citations of authority, or citations to statutes, or the grounds to the motions that they made at the last minute, I can't render an opinion on this."