During a recent child sexual assault trial in Hays County, a judge live-streamed the proceedings without notifying the individuals involved, according to District Attorney Kelly Higgins.
A case concerning the reported sexual assault of a 9-year-old child in 2016 proceeded to trial in 2024 after the court dismissed a plea agreement for a reduced charge.
The court had set up three cameras in the courtroom before the trial. Higgins stated that the parties were not given prior notice about the court’s decision to livestream the trial or the presence of cameras.
Higgins reported that the livestream provided detailed coverage of the trial, including behind-the-scenes discussions between the defense counsel and the defendant.
Higgins mentioned that his office was only made aware of the livestream during the trial following an incidental comment from another court. Upon discovery, the district attorney’s office raised concerns, referring to statutory protections for child victims.
The jury was unable to come to a decision, leading to a mistrial. The case was later dismissed by the district attorney’s office.
Higgins pointed out that although courts generally allow cameras in courtrooms for public proceedings, certain parts of trials are usually not recorded. Some examples of these are bench conferences, juror excuses, and privileged conversations between counsel and clients.
“I find it puzzling that the court chose not to inform the parties about the livestream,” remarked Higgins.
The district attorney stressed the importance of safeguarding the identities of child victims in cases of aggravated sexual assault.