Prosecutor Pushes Back Against Lane Myers

Life became a little more complicated for Lane Myers this week as new documents filed by prosecutors about his open charges in Arizona indicate that the prosecution will not be letting up on pressure they’ve put on the YouTuber while the Judge in the case has ruled against another media request by Mark “Reluctant Prophet” Kelly.

Kelly’s request was simply dismissed by Judge D. Douglas Metcalf without hearing based on a previous ruling at the start of proceedings in the case. He had ruled against individual audio and video recording in the courtroom during Myers’ trial as Pima County, Arizona, provides audio feeds from all of his trials.

The ability to audio and video record in Arizona’s Superior Court has been an on-going quest for Kelly, who most recently had his request to film the Myers’ change of plea deal rejected by Presiding Judge Danielle B. Liwski.

As each judge in Arizona is allowed to set the policy in their own courtroom, Liwski is a bit more tolerant of individual recording as she allowed Kelly and others to personally audio record in her courtroom. She did not, however, force Metcalf to allow audio recording within his courtroom based on Kelly’s application to film.

It should be noted that Kelly did not record the hearing, despite having the ability to do so. Mark “Tuc. Police Suck” Brown did, and was able to provide significantly better audio than the court did as the microphones in Judge Liwski’s courtroom were having technical difficulties during the hearing.

With no one providing alternative audio to Myers’ July trial, fans of Myers will have to rely on Pima County’s broadcasts to provide adequate coverage of their hero.

Myers himself has been attempting to skirt his own agreement with prosecutor Rachel Stiles and Judge Metcalf in regards to livestreaming from the Pima County Adult Correctional facility.

The jailed YouTuber had previously agreed to stop livestreaming from the Pima County Adult Correctional facility while the facility revised their guidelines on inmates livestreaming from their cells.

He recently revisited his agreement, however, as he said their policies would allow him to do interviews from press outlets such as local television stations and newspapers. With no local media outlets apparently interested in Myers’ story, he’s turned to his friends and associates in the first amendment auditing community to do the same sort of interviews, sitting for recordings which would be aired later instead of directly live streaming.

In more recent interviews, Myers has given the full name of his victim in the case and said that she was his “so called victim” and a “victim of her own stupidity.” Myers has said that he is willing to name the victim and disparage her despite an on-going protection order, because “what else can they do to me?”

Myers is currently being held without bond.

In apparent response to Myers’ actions, prosecutor Rachel Stiles filed two notices this week. The first of the two, a Notice of Invocation of Victim’s Constitutional Rights, gave notice that his victim invoked her rights under Arizona’s constitution to the following:

• To be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse throughout the criminal justice process;
• To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present;
• To refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant;
• To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.

Prosecutor Stiles also provided Myers with a gentle reminder in a Notice of Intent re: Prior Convictions. In that notice, she indicated that she will be using any prior convictions against Myers in his up-coming trial pursuant to Rule 609 of the Arizona Rules of Evidence.

Myers has previously admitted to at least one felony conviction in the past but had argued that his past convictions “did not count” as he was so young when they happened. Those convictions played a part during Myers’ recent hearing for a plea deal, as they enhanced guidelines for both the sentencing he would face if he went to trial and if he took the plea deal.

The jailed YouTuber has yet to comment on either notice.

Myers is due in court again in mid-July.