Judge sentences TV reporter to three days in jail

BENTONVILLE — Benton County Circuit Judge Brad Karren sentenced a Northwest Arkansas television reporter Tuesday to three days in jail after he found her in contempt of court for recording a hearing in a murder case.

Nkiruka Azuka Omeronye, a reporter for KNWA/KFTA, admitted in court to audio recording the Oct. 7 hearing in Mauricio Torres’ capital murder case.

“Your honor, I would like to say I realize this is a sensitive case,” Omeronye said. “I did not mean to disrespect you or your courtroom.”

Omeronye said she recorded only for note-taking purposes to ensure accuracy and never intended to broadcast it.

She worked at stations in St. Paul, Minn., and Phoenix where reporters were allowed to audio record in courtrooms, she testified.

Omeronye said she never read an order Karren entered in June prohibiting recording in his courtroom.

Arkansas Supreme Court Administrative Order No. 6 titled “Broadcasting, Recording or Photographing in the Courtroom” states in part the broadcasting, recording or photographing of any court proceedings is prohibited without approval by the judge, according to court documents.

Karren has a sign on the front door to his courtroom warning against using any electronic device to record any court proceeding. There are three other similar signs in the lobby area.

Omeronye said she didn’t see the signs.

Jonathan Nelson, Omeronye’s attorney, told the judge he believes his client didn’t intend to disobey the court’s ruling.

“I believe she learned her lesson, and jail time is not something necessary to teach her this lesson,” he said.

Karren found Omeronye deliberately recorded the proceedings and found her in indirect criminal contempt of court. He placed her on six months of probation and ordered her to serve 10 days in the Benton County Jail. He suspended seven of the days, which means she will have to serve three days.

Omeronye is scheduled to begin serving her sentence today. She’ll be allowed to leave the jail to go to work.

Omeronye must also pay $250 in court costs.

Karren told Omeronye she was trespassed from his court, which means she can’t cover Torres’ murder trial. He said the case has been tried once and said he cannot afford another mishap.

“I think you have shown the proper remorse,” Karren

said. “I don’t think you were thumbing your nose at the court.”

Karren said he believes Omeronye’s employers let her down by not making her aware of the court’s rules.

It’s not the first time a member of the media has gotten in trouble in Karren’s courtroom.

Larry Henry, then-managing editor for KFSM-TV, admitted in court in June 2015 to violating Karren’s order by tweeting the verdict in Zachary Holly’s murder case.

Karren found Henry in contempt of court for tweeting “BREAKING Zachary Holly guilty of capital murder in 6-year-old Jersey Bridgeman’s death” moments after the verdict was read. Karren entered a order prohibiting using Twitter in the courtroom.

Henry admitted to being in contempt of court. He wasn’t punished with time in jail, but agreed to do a story to promote awareness of child safety.

A Chicago judge found Zachary Siegel, a freelance journalist, in 2018 in contempt of court for recording portions of a murder trial of a former police officer accused of killing a teen. Siegel was sentenced to three months of supervision, according to the Columbia Journalism Review.

Lisa Kelsey, KNWA/ KFTA general manager, released a statement regarding the Omeronye incident:“On behalf of KNWA/FOX24, we regret the incident regarding reporter, Nkiruka Omeronye, who goes by Nkiruka Azuka on air. Nkiruka has offered a sincere apology to the judge, to her colleagues, and to the station. As we do with all our journalists, we have counseled her on obeying all courtroom rules, as well as Arkansas Judicial Guidelines.”

Ashley Wimberley, the executive director of the Arkansas Press Association, said the Bill of Rights ensures both freedom of the press and protection from cruel and unusual punishment. “This harsh sentence is an affront to both,” Wimberley said. “While Ms. Omeronye acknowledges unintentionally violating the judge’s order, she was simply trying to do her job as a journalist. Obviously, reporters respect the right of judges to control their own courtrooms, but this was an overreaching sanction that could have a chilling effect on public access to government proceedings.”

Jennifer Royer, the director of communications and marketing for the Society of Professional Journalists, said they heard about the case and are discussing if there is something their Legal Defense Fund Committee can do to help. Royer said they have also been in contact with the Arkansas chapter of the organization.

“Because the public relies on the press to first and foremost be this country’s guardians of truth, it is absolutely essential that members of our profession operate with a code of morality which leaves their integrity unquestioned,” Luke Story, the executive director of the Arkansas Broadcasters Association, said. “It will always remain this organization’s position that it’s membership operate within the laws and guidelines established by the elected officials of this country and state; and that when one of our members fails that duty we each renew our efforts to be worthy stewards of the public’s trust.”

The Arkansas Pro Chapter of the Society of Professional Journalists, along with SPJ’s Region 12 coordinator, requested Karren withdraw what they described as an unjust and improper jail sentence he imposed on Omeronye.

“We consider the judge’s actions to be excessive and disrespectful of the public service provided by journalists to all citizens interested in the judicial process,” said Sarah DeClerk, Arkansas SPJ chapter president.

Dan Shelley, the executive director of the Radio Television Digital News Association, said he was astonished when he heard about the case and the punishment.

“I think the sentence is pretty astonishing for an infraction that no one can say caused any harm,” Shelley said. “The reporter who recorded it had no intention of airing it under any circumstances. She does not deserve any jail time.”

Shelley said he believes the judge also overreached when he banned her from the trial. “It’s like she’s being punished twice for doing one thing,” he said.

Shelley said they never advocate journalists break rules of the court, but the reporter said she was unaware of the rule. She didn’t try to hide her actions, he said.

Shelley said the judge’s ruling could have a “chilling effect” on journalists in Northwest Arkansas and nearby areas. “It puts journalists on notice that if you smack gum in the courtroom then there’s a possibility that you can go to jail,” he said.

Omeronye was in court to serve the public by reporting as accurately as possible and she violated the court order, but three nights in jail?” Shelley said. “The punishment has to fit the crime,” he said.

Karren