Public denied access to hearing in kidnapping case
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ALPENA -- Court officials on Wednesday denied the public access to a court hearing regarding 17-year-old Noah Adkins' alleged attempted kidnapping case, citing a 2020 state law that shields juvenile court records from public view but does not close court hearings to the public.
Juvenile court hearings remain public unless specifically closed by a judge for specific reasons.
Adkins' attorney, Julie Miller, confirmed a hearing was scheduled on Wednesday, but did not provide the time. Court officials on Wednesday refused to provide any information regarding the date or time of the hearing or even confirm which judge is handling the case.
Alpena County Prosecutor Cynthia Muszynski could not be reached for comment on Wednesday.
"Both the press and the public have a right of access to attend judicial proceedings," Erin Malone, deputy general counsel at the Michigan Press Association, said in an email to The News. "This right affords the press and the public the ability to be informed of what transpires in the courtroom and what rulings are made by a court. This right also affords the court the ability to avoid any impression that justice is carried out in secret. While there are circumstances in which a court may close judicial proceedings, there are certain processes a court must follow to do so in order to provide the press and the public an opportunity to be heard.
"It is concerning when we hear of criminal proceedings occurring where there is no way to determine what the proceedings are, where they are, or how they are moving forward," Malone added. "Such issues frustrate two very important dual purposes: one, providing the right of access to attend judicial proceedings to the press and the public, and two, bolstering the confidence the press and public have in our judicial system."
A 2020 state law known as Clean State for Kids says juvenile court records are nonpublic. However, state law and Michigan court rules say juvenile court hearings remain open to the public unless either the party of the case or the victim requests that proceedings be closed and the judge overseeing the case decides doing so benefits the welfare of either a child or the victim during testimony.
"In making such a determination, the court shall consider the nature of the proceedings; the age, maturity, and preference of the witness; and, if the witness is a child, the preference of a parent, guardian, or legal custodian that the proceedings be open or closed," court rules state.
It remained unclear Wednesday -- because The News could not get any information on the case -- whether the judge overseeing Adkins' case had ordered Wednesday's hearing closed to the public.
According to a press release by the Michigan State Police, on May 10, Adkins allegedly attempted to restrain an 8-year-old girl by covering her mouth after approaching her in her back yard. The alleged victim was able to escape and her 13-year-old brother, who witnessed the alleged kidnapping attempt, shot Adkins in the head and chest with a slingshot.
Michigan State Police-Alpena Post troopers arrived at the alleged victim's house and then canvassed the area. They located Adkins hiding at a nearby gas station and took him into custody. He was identified as the assailant by the wounds on his head and chest.
While being held, Adkins allegedly confessed that his plans were to severely beat the alleged victim.
Adkins was arraigned in the 88th District Court on May 11 on one count of attempted kidnapping/child enticement, one count of attempted assault to do great bodily harm less than murder, and one count of assault and battery and automatically charged as an adult.
Miller argued that Adkins was wrongfully charged as an adult, and, according to court records, her request that the case be dismissed in 88th District Court was granted last Thursday. The prosecution then refiled the case in juvenile court.