The first use of an audio recording device to record the proceedings of a South Dakota trial court has been approved by two South Dakota judges. Judges David Gienapp and Jon Erickson have approved the requests of Performance Radio in Huron to use of a recorder starting July 1st in the trials of Melissa Kruger in DeSmet and Edwin Thompson in Huron. Gienapp denied the use of a still camera request last week after Kingsbury County States Attorney Gregg Gass, defense
attorney Carmen Means and Gienapp could not all agree to the camera’s use.Gienapp says the Court foresees a possibility of juvenile witnesses being called, to witch to which the taping of testimony would be disallowed. The coverage of the Kruger trial with audio will be subject to restrictions relating to certain aspects of the trial. In Huron, when Erickson asked if there was any objection to the use of a photo camera and recorder, Deputy Beadle County States Attorney Jeff Banks and Thompson lawyer Ron Volesky replied they did not. A motion to suppress graphic crime scene photos of Ryan Treadway was denied with Erickson saying the photos are relevant to the case. After a tense hearing, a clinical psychologist will be allowed to testify for the defense, Edwin Thompson is facing a second degree murder charge in the killing of Ryan Treadway in November of 2009. Melissa Kruger is charged with making terroristic threats and simple assault for posting threatening messages to students and staff at DeSmet High School on Facebook.