By: (AP) A prosecutor backed off his attempt to close a preliminary hearing Thursday in a Nevada murder case in which the victim was found during a search for stolen explosives.
The Nevada Press Association and other media organizations, including The Associated Press, persuaded a Pershing County judge Wednesday to reverse an earlier order to keep the hearing secret.
"There is no compelling reason to close the preliminary hearing in this case," lawyers for the media organizations said in a motion. "The public and press have a First Amendment right to attend these proceedings. How else will we know if local law enforcement, officials, administrators, politicians and the like are following the laws?"
Justice of the Peace Carol Nelson had initially banned the press and public from the hearing, but Pershing County District Court Judge Richard Wagner reversed that order Wednesday.
On Thursday, prosecutor Carl Anderson asked Nelson for permission to tell her privately why the hearing should be closed. Anderson has maintained other lives could be in danger if the hearing was open.
Nelson refused and Anderson withdrew his request.
The preliminary hearing for Tim Dale, 49, who's charged with first-degree murder, and James Malone, 61, who is charged with accessory to murder, was expected to resume Friday.
Dale also has been identified as a suspect in a federal investigation into the 2001 theft of thousands of pounds of dynamite. While searching for the explosives in an abandoned mine, investigators found the remains of a man they believe was slain two years ago.
The explosives, stolen from Orica Mining Services in Winnemucca, were recovered last month in a mine shaft about 150 miles northeast of Reno. No one has been charged.
Malone and Dale were arrested based on information authorities received from an informant who led them to human remains. Authorities have not released the identity of the dead man.
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