David Tulis Will Be Allowed at Upcoming Trial After DA’s Office Attempted Ban

July 29, 2024 – Chattanooga, TN: In a surprising turn of events, a Hamilton County judge has ruled that local blogger and radio host, David Tulis, will be permitted to attend an upcoming criminal trial, despite efforts by the district attorney’s office to have him banned.

Details of the Ruling

Criminal Court Judge Amanda Dunn issued the ruling on Monday, emphasizing the essential role of media access in courtrooms. “Courtrooms must remain open to the media, even if the reporting may be biased or potentially unfair to one party or the other, in order to ensure that constitutional rights to a public trial and freedom of the process are honored,” said Judge Dunn.

Background on the Case

David Tulis has been actively covering the case of Raymond Rzeplinski, who faces multiple charges, including 54 counts of possession of a firearm with a prior felony conviction, possession of a prohibited weapon, reckless endangerment, and resisting arrest. The charges could result in a lengthy prison sentence for Rzeplinski.

DA’s Motion Against Tulis

Last Thursday, Assistant District Attorney Nicole Evans filed a motion to exclude Tulis from the trial, arguing that his blog posts and radio shows have potentially tainted any jurors who might have encountered his content. One example cited in the motion includes a blog post titled “Juror’s duty to acquit Plumber Ray in vicious prosecution”, in which Tulis criticized the case against Rzeplinski.

Tulis’ Influence on Jurors

The state’s motion also accused Tulis of promoting jury nullification, a controversial concept where jurors base their verdicts on personal beliefs rather than the evidence presented in court. Evans argued that any potential jurors exposed to Tulis’ opinions have been compromised, and requested permission to dismiss such individuals during jury selection.

Judge Dunn’s Rejection of the Motion

Despite these arguments, Judge Dunn disagreed that Tulis’ activities amounted to improper influence. “To date, he has never disrupted a court proceeding, and the court expects he will continue to maintain decorum during the trial in question,” stated Dunn in her order. She concluded that any issues with juror bias or Tulis’ conduct should be addressed if and when they arise during the trial.

Reactions to the Ruling

David Tulis responded by phone, saying that the DA’s effort to exclude him reflects a disregard for constitutional rights. Meanwhile, Hamilton County District Attorney Coty Wamp declined to comment on the ruling, noting that the trial is set to begin on Tuesday.

What’s Next?

As the trial of Raymond Rzeplinski begins, all eyes will be on how the proceedings unfold and whether Tulis’ presence will influence the case. Judge Dunn’s ruling underscores the balance between media access and the integrity of the judicial process, a debate likely to continue as similar cases arise.

Stay tuned for updates as this story develops.