A Denver judge refused today to unseal arrest- and search-warrant affidavits written by detectives investigating the death of 7-year-old Chandler Grafner.
Denver County Judge Melvin Okamoto said that defense attorneys for Jon Phillips, 26, and Sarah Berry, 21, had little opportunity to start their own investigation in the case.
As a result, Okamoto said, he believed that after balancing the rights of the press and the fair-trial rights of Phillips and Berry, he had to rule in favor of the two defendants.
Phillips and Berry have been charged in the murder and abuse of Chandler, found emaciated at the couple’s south Denver apartment on May 6, authorities said. Phillips had custody of the boy.
Paramedics tried to resuscitate Chandler after he went into cardiac arrest, but he died at Swedish Medical Center.
The couple was arrested about 10:30 p.m. on May 6. Four days later, Denver District Attorney Mitch Morrissey filed charges against them.
Phillips and Berry, his common-law wife, are charged with first-degree murder of a child under the age of 12 by a person in a position of trust; first-degree murder after deliberation; and child abuse resulting in death.
The affidavits were sealed last week at the request of detectives for a period of 30 days. But today, during the hearing before Okamoto, Denver prosecutors did not object to the unsealing of the affidavits. Affidavits are often made public before charges are filed and, if sealed, are usually made public at the time that charges are filed.
The Denver Post had sought the unsealing of the affidavits.
Staff writer Howard Pankratz can be reached at 303-954-1939 or hpankratz@denverpost.com.
