Full opinion text
ORDER HAROLD L. MURPHY, District Judge. Petitioner Janice Buttrum, a Georgia inmate sentenced to death for murder, presents this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. She attacks both her conviction for murder and her death sentence imposed by a jury in 1981. For the reasons set forth below, habeas corpus relief from her conviction for murder shall be DENIED, and relief from her sentence of death shall be GRANTED. I. PROCEDURAL AND FACTUAL HISTORY. A. Procedural History. On August 29, 1981, a Whitfield County jury found Janice Buttrum guilty of the murder of Demetra Faye Parker, in violation of O.C.G.A. § 16-5-1, and of motor vehicle theft, in violation of O.C.G.A. § 16-8-18. Two days later, the jury sentenced her to death. Her conviction and sentence were affirmed on appeal by the Georgia Supreme Court. Buttrum v. State, 249 Ga. 652, 293 S.E.2d 334 (1982). Subsequently, she filed a state petition for habeas corpus; a hearing was held on the petition; and all relief was denied. When the Georgia Supreme Court denied a certificate of probable cause to appeal the denial of state habeas relief, Buttrum filed this petition in federal court. B. Factual Background. The evidence and testimony presented at Janice Buttrum’s trial and pretrial proceedings revealed the following facts. Nineteen year old Demetra Faye Parker was raped, sodomized, and stabbed ninety-seven times in her motel room at the Country Boy Inn, in Whitfield County, during the early morning hours of September 3, 1980. Demetra had moved to Whitfield County from Tennessee to be near her boyfriend. Janice Buttrum and her husband, Danny, also lived at the Country Boy Inn and were acquaintances of Demetra Parker. Deme-tra occasionally drove them to the store and laundromat since the Buttrums had no car. Danny was twenty-eight and Janice, seventeen. The two married when Janice was fifteen, and their nineteen-month-old daughter lived with them at the motel. Danny Buttrum had recently escaped from a Cobb County, Georgia, prison work camp. On the night of the murder he had consumed three six packs of beer. Danny had a violent background, and in the Buttrum’s two-year marriage, he beat Janice numerous times. The Night of the Murder The night before the pre-dawn murder, Demetra Parker was in her motel room watching television with two male friends. The three saw Danny pacing back and forth 15 to 20 times in front of Demetra’s room. Demetra told her friends she was afraid of him, and they locked the door. She drove her friends home at approximately 8:30 p.m. Christopher Busby also lived at the motel in August and September, and on the evening of September 2, he and Danny drank beer together. At 7:00 to 7:30 p.m., Busby, and the Buttrums, left the motel with their baby to buy beer. This brief beer run turned into a five hour excursion that included a number of stops. Busby testified at trial that while they were riding in his car, Danny told him he wanted to pick up a girl. Busby asked him if his wife, who was in the back seat, wouldn’t mind, and Danny replied, “No, as long as she gets to go with her first.” During several stops, Danny made passes at four different women, while Janice remained in the back seat of Busby’s car. Several female witnesses testified they -were approached by Danny that night but refused his drunken advances. Busby and the Buttrums returned to the motel room at about midnight. Danny then borrowed Busby’s car, and the Buttrums were gone for about three more hours, returning at 3:45 a.m., September 3. Pam Henry, a motel resident, testified that at approximately 4:00 a.m. she heard a girl screaming. Janice Buttrum’s Accounts of the Murder Agent Johnson of the Georgia Bureau of Investigation testified about the investigation of the case and the arrests of the Buttrums. Over defense objection he related one of Janice’s post-arrest confessions. According to Johnson, Janice Buttrum stated that at about 4:00 a.m., she and her husband went to Demetra’s room to scare her. She knocked on the door, and when Demetra opened the door and then attempted to close it, Danny pushed it open, and they went inside and struggled with the girl. Janice then stabbed the girl and they fell to the floor. Janice and Danny were on opposite sides of the girl, and they took turns stabbing her. Janice said she stabbed her about fifteen minutes [sic], gave the knife back to Danny; he stabbed her, and gave the knife back to her. Janice lifted Demetra’s nightgown to see where her heart was, and then cut Demetra across the stomach because “it was the only place left to cut,” and because Deme-tra was still living and she thought that might kill her. The Buttrum’s daughter was in the room playing with the telephone. The Buttrums went back to their motel room, took Demetra’s car and fled. Janice told agent Johnson she had no remorse about the killing. Agent McFaul of the F.B.I., one of the arresting officers, testified about the contents of another statement Janice made shortly after her arrest. The additional details revealed by this statement were the following: When the Buttrums entered Demetra’s room, Danny threw Demetra down. Danny had a pocket knife in his hand and was struggling with Demetra. Janice took the knife and stabbed Demetra. Both stabbed her numerous times, and while Janice was stabbing her, Danny was masturbating. Afterwards, they washed their hands with a cloth in Demetra’s room and stole her car. Janice also told Agent McFaul, “[T]hat girl sure didn’t want to die.” Janice made two other statements about the incident. One was during her incarceration while Danny Buttrum was on trial. She wrote a letter to be given to the Sheriff in which she claimed she killed Ms. Parker as an act of jealousy because Danny was trying to have sex with her. She took complete responsibility for the crime and said she forced Danny to do everything he did, including raping Ms. Parker. Finally, at her capital sentencing hearing, Janice testified that it had been Danny’s idea to go to Ms. Parker’s room the evening of the crime; that she waited outside the room for five minutes after Danny entered; that when she entered, Danny was removing Ms. Parker’s panties and she believed they “were fixing to have sex.” After becoming angry at the sight of Danny and Ms. Parker engaging in sex, Ms. Buttrum testified that she grabbed the knife and stabbed Ms. Parker in the chest. She admitted that her conduct was wrong and that she deserved to be punished. She denied having oral sex with the victim. The Autopsy Dr. James Metcalfe, Associate Pathologist at Hamilton Memorial Hospital performed the autopsy on Demetra Parker at 11:00 p.m. on September 3, 1980. Demetra was 5'8%' and weighed approximately 100 lbs. She incurred sixty-seven stab wounds to her left chest with a maximum depth of 2". The blade penetrated several ribs and her left lung. Metcalfe observed 24 stab wounds and cuts in the front neck area with several cuts to the windpipe. Spinal stab wounds were 2" deep and cut into the backbone. A gaping gash had been inflicted to Demetra’s lower abdomen exposing her bowels. Demetra suffered a 4" cut in the genital area, as well as damage to the vagina and rectum from forcible penetration. Hemorrhages and bruise marks were observed on Demetra’s scalp, nose, knees, and genital region. Finally, there was a 1 to IV2" bite mark on her neck. A plastic toothbrush holder had been forced into her vagina. Metcalfe stated the vast majority of injuries around the vagina and anus occurred while Demetra was alive. Demetra died only after the attack or towards the very end of the prolonged assault. The stab wounds to the chest and neck finally resulted in her death. The Flight and Arrest At approximately 5:00 a.m. on September 3, the Buttrums and their child drove to a truck stop where Mr. Buttrum worked. Petitioner borrowed $20.00 from the truck stop manager, stating, “I don’t know if you know what’s going on or not, but if anyone asks you, you have not seen us.” Chambracant Patel, manager of the motel, reported Ms. Parker’s death and told the police that her car was missing. He told them that Ms. Parker had spent time the previous day with the Buttrums, and that the Buttrums appeared to have checked-out of their room. A search of the Buttrum’s room revealed a bar of soap and washcloth covered with blood. Armed with this information, the police secured arrest warrants for Danny and Janice Buttrum. Further investigation revealed that the couple had contacted Danny Buttrum’s mother and requested that she wire money to Pensacola, Florida. Before noon on September 4, F.B.I. agents spotted and arrested the Buttrums in Pensacola and charged them with the murder of Demetra Parker. Later that day, Janice Buttrum was interrogated by agents of the F.B.I. and gave the statement to Agent McFaul noted above. She turned over a ring and a barrette taken from the victim. On September 6, in the custody of Georgia law enforcement officials, the Buttrums were returned to Whitfield County. Shortly after her arrival, Janice was interrogated again and provided the statement recounted by Agent Johnson above. Pretrial Proceedings On September 10, 1980, counsel was appointed to represent Ms. Buttrum. After two weeks, counsel filed a motion to withdraw, expressing doubt about his ability to discharge faithfully his responsibilities. The motion was denied, and the trial court appointed co-counsel. On October 2, the court acknowledged sweeping media interest in the case and issued a gag order. The order was subsequently lifted when the court found that the order created more publicity than it deterred. Counsel moved the court for funds to hire a psychiatrist, an investigator, and a forensic criminologist. The court denied the motion, but agreed to have state psychologists examine Ms. Buttrum to determine her sanity and competency to stand trial. In February 1981 a jury found her competent to stand trial. Trial was postponed, however, until late summer to await the birth of her second child. In March, 1981, Danny Buttrum was tried. The news media comprehensively reported the evidence introduced at the trial, including Danny Buttrum’s confession. The media reported that Ms. Buttrum had participated in the stabbing and murder of the victim and had committed oral sodomy on the victim. After deliberating less than an hour, the jury convicted Danny Buttrum of all counts charged. The following day, after deliberating less than 40 minutes, the jury sentenced him to death. Ten days before the commencement of Janice Buttrum’s trial, the prosecutor served notice that it intended to call a private psychologist, Dr. Henry Adams, in the penalty phase of the trial to testify that Ms. Buttrum was a sexual sadist who would continue to be dangerous in the future. Defense counsel vigorously, but unsuccessfully, renewed their motion for funds for a private psychologist. After a hearing on a defense motion for change of venue based on prejudicial, pretrial publicity, the trial court permitted sequestered voir dire of the prospective jurors. After voir dire, the court denied the motion for a new venue. The Trial and Sentencing The defense offered no evidence at trial. Through cross-examination and argument it contended that Janice participated in the murder but acted under the domination of her husband. The jury found Janice guilty as charged. At the penalty phase of the trial, the prosecution called one witness, Dr. Henry Adams, who testified that Janice Buttrum was a sexual sadist who could be expected to repeat similar acts in the future. In response, the defense presented no psychological testimony but presented testimony about Janice Buttrum’s background in mitigation of punishment. Janice Buttrum’s Personal History Evidence from former teachers, social workers, and others revealed the following. Janice Buttrum’s unmarried mother gave her to a middle-aged, foster couple, the Adcocks, in exchange for payment of the hospital bill. She grew up in a three-room, unpainted house with no bathroom. Later the Adcocks lived in a one-bedroom trailer, and Janice’s bedroom was a broken-down van in the yard. The trailer was filthy, the floor covered with dirt, paper, beer bottles, and moldy food. Janice’s clothing was obtained at the city dump, and she was likely subjected to physical and emotional abuse. One social worker testified that during the many times he went to her home he never saw her step-mother sober. After Mr. Ad-cock died Ms. Adcock’s boyfriend lived in the trailer. At school Janice Buttrum’s peers ridiculed and ostracized her because she was dirty and smelled horrible. Her hair was matted, her face and nails always dirty, her clothes too big, and she usually went barefoot even in winter. One teacher stated: “She never carried on a conversation with anybody; she just always stood over to herself.” Other children laughed and made fun of her. She was the most neglected child several teachers and social workers had ever seen. Nevertheless, she was not a discipline problem; she was described as shy, passive, very quiet, extremely non-violent, very withdrawn, with a low self-image, a follower, and having a passive personality. During her early teen years, Ms. Butt-rum ran away from home. She was befriended by an older man who, along with another man, sexually assaulted her. At age 14, she was declared a deprived child and was placed in the custody of Bartow County. She was shuttled between foster homes, returned to Mrs. Adcock and finally placed, at Mrs. Adcock’s instigation, in a Youth Detention Center. While she had committed no crime, the state simply had no other place for her to live. She remained there for six months. At age 15, she returned to Mrs. Adcock’s home. Shortly thereafter, a friend of her mother’s introduced her to Danny Buttrum. Danny was 26 years old, divorced, and the father of two children. On the first evening of their meeting, Ms. Buttrum agreed to marry him. They were married within a month. The jury heard evidence that Ms. Butt-rum was often the victim of beatings sustained at the hand of Danny Buttrum. When Danny was sober, he was non-violent. When he drank, he became abusive, beating her 15-20 times during their two-year marriage. On several occasions, Janice swore out warrants against him. The defense introduced other evidence showing that Danny Buttrum had several prior convictions, that he had a reputation for being uncontrollable after drinking; that he was the boss in the relationship, and that on the night of September 2, the eve of the crime, he was drinking heavily and had a “mean” attitude. The jury found that the murder had been committed in the course of a rape, that it was outrageous, vile and inhuman; and that it involved torture, depravity of mind, and an aggravated assault to the victim. On the murder count, the jury sentenced Ms. Buttrum to death. II. CONSTITUTIONAL CHALLENGES: THE GUILT-INNOCENCE PHASE. A. The Denial of Buttrum’s Motion for Change of Venue Because of Pretrial Publicity and the Failure To Excuse Certain Jurors for Cause. Janice Buttrum contends that prejudicial and inflammatory pretrial publicity so pervaded and saturated Whitfield County at the time of her trial that it was impossible to empanel an impartial jury. She contends the trial court violated her constitutional rights when it denied her pre-trial motion for a change of venue. The principles that govern this change of venue issue derive from the fourteenth amendment’s due process clause, “which safeguards a defendant’s Sixth Amendment right to be tried by ‘a panel of impartial, “indifferent jurors.” ’ ” See Coleman v. Kemp, 778 F.2d 1487, 1489 (11th Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986), quoting Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 1642, 6 L.Ed.2d 751 (1961); see also Rideau v. Louisiana, 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663 (1963). Where pretrial publicity has so inflamed and saturated a community that it is impossible to draw an impartial jury from that community, due process requires that the trial court grant a motion of the defendant for a change of venue for trial or a continuance of the trial. See Coleman, 778 F.2d at 1489; citing Rideau, 373 U.S. at 726, 83 S.Ct. at 1419; Murphy v. Florida, 421 U.S. 794, 799, 95 S.Ct. 2031, 2035, 44 L.Ed.2d 589 (1975). A defendant tried and convicted by a jury prejudiced against him, is denied a fundamentally fair trial. At a minimum, due process requires a unbiased decision maker. There are at least two different standards for judging the effects of prejudicial pretrial publicity. One standard is that used in cases such as Irvin and Jordan v. Lippman, 763 F.2d 1265 (11th Cir.1985). There, prejudice is shown when the pretrial publicity has created a significant possibility of prejudice and the trial court has failed to conduct an adequate voir dire to unearth and eliminate the prejudice from the jury. See Jordan, 763 F.2d at 1274-79. Prejudice may be presumed, however, where a petitioner proffers evidence of inflammatory, prejudicial pretrial publicity that has so pervaded or saturated the community, that jury prejudice may presumed. In such a case, there is no further duty on the petitioner to establish bias. See Coleman, 778 F.2d at 1490, quoting Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir.1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1986, 68 L.Ed.2d 303 (1981). Cases of presumed prejudice are rare. See Coleman, 778 F.2d at 1490 (and cases cited therein). In Rideau, the defendant’s confession to a bank robbery, kidnapping, and murder was videotaped and subsequently broadcast three times by a local television station. The three broadcasts were seen respectively by 24,000, 53,000, and 29,000 in a community that had a population of 150,-000. See id., 373 U.S. at 724, 83 S.Ct. at 1418. The Supreme Court held that the denial of the defendant’s motion for change of venue constituted a denial of due process. Although the Court noted that three of the venirepersons had seen the broadcast, the Court stated that prejudice was to be presumed, “without pausing to examine a particularized transcript of the voir dire examination of the members of the jury.” Id., 373 U.S. at 727, 83 S.Ct. at 1420. In Coleman, four defendants were charged with a brutal execution-like murder of six members of a family. Seminole County, the venue of trial was a community of approximately 7,000. The extensive, prejudicial, and inflammatory pretrial publicity in the case was reviewed by the court in 45 pages of the Federal Reporter. See id. at 1491-1536. The publicity tracked the defendants from their arrest through trial, including the reporting of the detailed testimony of one of the defendants who had turned state’s evidence. The publicity was reflective of a community roused with hostility and largely convinced that death was the only appropriate remedy. Id. at 1538-40. The court found the pretrial publicity equal to Rideau, presumed the existence of prejudice, and held that the grant of habe-as relief was warranted. The court, however, in dicta noted that it assumed that in an appropriate case the presumption of prejudice might be rebutted by the respondent, through a showing that the voir dire was adequate to eliminate any actual prejudice from the jury. The court, however, found no occasion to resolve that issue because the voir dire in that case was inadequate and did not rebut the presumption of prejudice. In this case, the pretrial publicity so pervaded and saturated Whitfield County that prejudice must be presumed under Coleman and Rideau. Nevertheless, the Court finds the presumption of prejudice rebutted by an examination of the voir dire. The voir dire shows that the jury actually empaneled was not so infected by the publicity that the jurors could not lay aside any preconceived opinions about the case and render a verdict solely upon the evidence. Habeas corpus relief on this issue therefore must be denied. 1. The Pretrial Publicity. Following the approach of the Eleventh Circuit in Coleman, this Court shall review the pretrial publicity in some detail. Several demographic facts were brought out in the pre-trial proceedings which are relevant to the inquiry. The trial court found at a pre-trial hearing on the issuance of a “gag order” that the population of Whitfield County at the time of the trial was between 60,000 and 70,000. This population is roughly a median between the population of Seminole County, at issue in Coleman, and of Calcasieu Parish, at issue in Rideau. Further, at a pre-trial hearing on Butt-rum’s motion for change of venue, Dr. Lawrence E. Noble, a professor of political science and expert in media analysis summarized the media coverage in Whitfield County: Newspaper circulation in Whitfield County where there are 20,000 registered voters, is approximately 17,500 daily. Newspaper readership approximates two readers per newspaper. This would mean that there is an average daily readership in Whitfield County of over 30,-000. One other newspaper, a weekly now out of business, the Valley Observer, had a circulation unknown to me. There are some 20,000 TV households in the county, and local radio audiences are approximately 10,000 or more. The Discovery of the Crime and the Buttrums’ Arrests. Within hours of the discovery of Ms. Parker’s body on September 3, 1980, local and regional media began coverage of the case that did not subside until after Janice Buttrum’s trial. Almost every one of the hundreds of media reports about the case in the year from the arrests through Ms. Buttrum’s trial highlighted the sensational facts that the victim was 19, that her body was found almost nude, that her body had been mutilated, stabbed almost 100 times, that she had been sexually molested, raped, and tortured before death. Most also informed the readers that the suspects were a young married couple. The Dalton daily newspaper, the Daily Citizen-News, began the publicity with a front page story on September 4, “Girl, 19 Murdered; 2 Suspects Jailed.” It reported, After viewing the repeatedly stabbed nude body of a 19-year-old woman at Country Boy Motor Inn, Sheriff Jack Davis said Wednesday it was the most brutal murder he had investigated in Whitfield County. The story reported that the coroner, as well, could not recall a more brutal murder. A report of the Chattanooga Times the same day dubbed the crime a “sex-torture-slaying case.” “Police said the woman had apparently been tortured before her death. Officers also found a four-inch to five inch slash across her stomach. The stab wounds, according to [detective] Gribble, covered the stomach, chest, breast and neck of the victim.” It reported that the room was in disarray with blood over large areas of the walls and floor. On September 4, radio station WBU reported that Ms. Parker’s “nude and butchered body” had been discovered in a pool of blood, and that Ms. Parker had been stabbed 95-100 times and was sexually tortured. Also on that day, radio and television stations reported that “an escapee from the Cobb County Georgia work camp and his wife” had been arrested in the “multiple stabbing.” They reported that Sheriff Davis had stated that the Buttrums and the victim were acquaintances, that the couple was driving the victim’s car when arrested, and that the motive was believed to have been “sex-related.” WBU radio reported that Janice Buttrum had helped Danny escape from state custody. The Daily Citizen-News reported on September 5 that “toys and clothing belonging to a child were among the hastily abandoned items left in an apartment reportedly occupied by the Buttrums, just a few doors down from where the murder occurred.” The Chattanooga News-Free Press and the Chattanooga Times reiterated the same details of the crime. The media described the victim as a wonderful, young, bright, wholesome, all American girl, who had come to Dalton to live near her boyfriend. On September 9, the Daily Citizen-News along with a high school photo reported that Ms. Parker was from a small Tennessee farm town, had been in a beauty contest, was “very naive and trusting,” had sung in the Baptist Church choir, and had plans of attending college. She befriended a young couple with a baby while staying at the Country Boy Motor Inn ..., offering to drive them places since they didn’t seem to have transportation, Anderson said. They were later charged with her murder. The article described the devastation felt by Ms. Parker’s friends, family, and the community: Choked with emotion as he spoke of “my baby sister,” Anderson said hundreds of people crowded in to view two funeral ceremonies in the neighboring communities ... to pay final respects to the girl. On September 9 the Chattanooga Times reported about the “incensed residents” of Dalton and that Danny Buttrum had been attacked by other inmates at the jail and placed in isolation. District Attorney Williams said his phone had been ringing off the hook about the case and that he would fight a change of venue motion in order to keep the trial in Whitfield County. The Daily Citizen-News also reported the attack on Danny Buttrum. On September 12, the Daily Citizen-News reported that the District Attorney had decided to seek the death penalty. The same day a Chattanooga Times article was headlined “Dalton Prosecutor Wants 2 Die.” The article reported that the DA said the case, “absolutely called for the [death penalty].” Radio and television also reported the DA’s decision. On September 16, 1980, the Daily Citizen-News headline read, “Buttrum Gouges Wrists,” reporting that Danny “cut his wrists with a ‘gouge-type’ instrument.” In early October, the setting of the preliminary hearing gave opportunity to the Daily Citizen-News and the Chattanooga Times to recount again the facts of the crime. On October 2, because of the amount of pretrial publicity being generated, the trial court issued a gag order, closed the preliminary hearing, and proscribed law enforcement officials from talking about the case. WBJL first reported that an earlier report that the Buttrums had sued the Sheriff’s Department for $500,000 for leaking information to the press was erroneous and that the Buttrums sought only a closure order. The broadcast reminded the listeners of the facts of the crime: 29 year old Danny Buttrum and his 17 year old wife Janice are accused in the September 3rd sexually related slaying of 19 year old Demetra Faye Parker of Dyersburg, Tennessee. Ms. Parker’s nude body was found in her room at Country Boy Inn at Carbondale. An autopsy revealed she had been stabbed 95 to 100 times, then sexually assaulted and tortured. The Buttrums were arrested the next day in downtown Pensacola, Florida. He was allegedly arrested while sitting in the victim’s car. She was at a nearby sandwich shop. The Chattanooga Times reported similar facts about the closed preliminary hearing and added that both Janice and Danny were being held in isolation for their protection from other prisoners. The Chattanooga News-Free Press reported a similar story about the hearing. On October 9, the Daily Citizen-News published a front page article denying allegations that the Whitfield County Sheriff’s Department had prior notice of Danny Buttrum’s presence in the county nine days before the crime. The Motion to Continue the Presentment. Because of the amount of pretrial publicity, the defense sought a continuance of the presentment before the Grand Jury to provide for a “cooling off period” on the grounds that no impartial panel could be seated. The Daily Citizen-News published an article about the motion brought by the “defense lawyers who succeeded in obtaining a gag order preventing lawmen from talking about the murder.” The trial court heard the motion on October 10. The defense called media witnesses and proffered media stories and broadcasts about the case. An attorney form Dalton testified: Q. [H]ave you heard, or come into contact with individuals who have made statements to you concerning the alleged homicide of Demetra Parker? A. Yes, I’ve come in contact with a number of people — surprising to me. I have not seen ... this before since I’ve been here, the apparent coverage that this incident has received and the public interest ... I haven’t run into anybody that did not appear to have reached a conclusion. I have run into responses ranging from: “Why give these people a trial?” to “They should be lynched.” And numerous — in the conversations, numerous admissions by people that they felt that this case had received such coverage that it would be very difficult to find an impartial jury. See Transcript of October 10, 1980 hearing at 32-33. He also believed there was an inflammatory atmosphere about the case: A. Yes, ... because ... the remarks that I have heard from good people, ... ranging from: “How in the world can an attorney defend these people” ... from the Editor of our local paper, ... and then the remarks that I’ve heard when I go to buy gasoline, ... “There’s just no sense in going through a trial on this case”, ... “These people are just ... guilty, and why are we wasting our time and the Court’s time?” Id. at 35-36. He felt that community sentiment against the Buttrums was “gaining in intensity.” Id. at 36. Deputy Sheriff Jerry Shoemaker testified as to why special security measures were needed: Because of the ill feelings that the people of this county have toward the Buttrums. People have came [sic] up to me and asked if there was any way possible, you know, just to rush in the jail and get to ’em, you know, “when you going to take ’em to Court”, and all that good stuff, you know, things like snipers, or something of that nature. Id. at 40. He testified he was aware of 12 to 15 threats against the Buttrums lives. “But, ... people come up to you usually everywhere you go, since you wear the uniform, people want to know about the Buttrums, you know, they already have their mind made up that they're guilty.” Id. at 43. The Court nevertheless denied the motion to continue the presentment to the Grand Jury to allow a cooling off period. A few days later, the Daily Citizen-News reported that the Grand Jury had indicted Danny and Janice Buttrum for the murder and recounted the details of the crime. The Valley Observer published a back front-page story headlined “Portrait of the Accused.” The article cast Janice Buttrum as being the dominant personality of the couple and as being uncaring about her legal plight: They sit lonely in the courtroom these two. Surrounded by a table full of attorneys, they remain lonely. There is no family there to support them. They have only each other. Who could blame even a mother for not being there. As their fate is argued, as motions are presented and technicalities discussed, they seem to be elsewhere, most of the time. Whispering between themselves, giggling even. They seem to be unaware of the seriousness of their plight. Guilty or innocent, they stand accused of one of the most heinous crimes in the history of Whitfield County — the brutal, [sic] torture, sexual abuse and murder of a young woman. She does the talking. He nods or frowns in response. She carries the conversation. He listens. She runs her mouth. He looks away. She dominates. He sits quietly. She scolds. He lowers his eyes. She instructs. He demures. She is a big one. Even with the baggy institutional overalls rolls of fat bulge. Her brown hair is unkept. Scraggly even. Her face is plain. Colorless. Her bottom lip is somewhat larger than the other. Her eyes are small, close together. Emotionless, until she laughs at her own joke. It continued: Seemingly, they are both oblivious of the court proceeding. Never asking question of their attorneys. ... A whirlwind storms around them and they display outward calmness. Is it they do not understand that the State is trying to take their lives? Or do they care? could it be their lives have been so miserable they secretly wish for death? Or are they just stupid? Is that the fear in his eyes? The fear not of death or dying, but the fear that he will not die. The fear that the Book is right. You can cry out for death and it will not come. The fear of Eternal Damnation. The fear of the Abyss. On October 16, the court held a hearing on whether to lift the gag order. The court indicated it believed that there was little about the case not already known and that the gag order motions had “done more to create publicity that they have not.” Respondent’s Exhibit 13 at 33. The next day the Daily Citizen-News and the Chattanooga Times reported on the hearing and reviewed the details of the crime. The Court lifted the gag order on October 17 and released for public inspection most of the preliminary hearing transcript, with the defendant’s post-arrest statements omitted. The Daily Citizen-News, the Chattanooga Times, and the electronic media all announced the judge’s decision. A few days later, the Daily Citizen-News recounted on October 21 some of the evidence: Screams of the dying 19-year-old Deme-tra Parker were heard by guests at the Country Boy Motel where her beaten and repeatedly stabbed body was discovered.... Questioning of motel guests secured witnesses who indicated Miss Parker screamed during a savage knife attack which left over 90 wounds, testimony in a preliminary hearing revealed. The FBI took a statement from the Butt-rums ... after their arrest_ Copies of the statements have never been made public and defense lawyers say they will continue to resist efforts to open hearings to the news media before a trial date is set. The Chattanooga Times October 21 story about the preliminary hearing revealed several additional facts. It noted that the post-arrest statements of the Buttrums were deleted from the transcript “apparently in anticipation of defense motions to keep information on confessions by the couple from the jury.” It also revealed the following: [Detective] Gribble said he interviewed Leon Busby, who had gone for a ride with the couple the day before the slaying. When Buttrum was questioned about his wife’s reaction to statements that he was looking for a woman with whom to spend that evening, the man reportedly made a statement indicating that his wife was bisexual, according to the testimony. Radio station WBU aired a lengthy newscast on October 21 summarizing the evidence at the preliminary hearing, including that the Buttrums made statements to the authorities during their first days in custody, that the day before the murder they had been seen trying to pick up two to three girls, that Busby had been told by Danny Buttrum that his wife would not mind because she was bisexual, and that the Buttrums became suspects because a search of their room suggested that they had checked out while having paid rent for 3 or 4 more days. From November through January 1981, the Buttrums were in Milledgeville, Georgia, undergoing psychiatric evaluation. The media continued to report on the case. At least six stories, by the Daily Citizen-News, the Chattanooga Times, the Chattanooga News-Free Press, and the Valley Observer printed articles on the coming competency hearing and repeated the details of the crime. The Valley Observer published a long article entitled “Portrait of the Accused: Crime Was 3 Months Ago, But Suffering Still Lingers.” It hurts Euell Anderson to even look at his mother. To see the blank stare on her face. It hurts almost as much as what happened to his “baby sister,” but not quite. What happened to her still heaps spiritual coals on the soul of Anderson. The pain gnaws at his heart and has destroyed his mother’s ability to function. Euell Anderson is the brother of Demetra Parker. The article described Anderson’s trip to Georgia “ten hours behind the killers and ... heavily armed”; how he traveled to Pensacola and drove his sister’s car home; and how he had visited with a Ouija board in the motel room where his sister died. It further described the impact on the family: The fear of being alone is not the only problem the family faces. “Through it all my mother was strong,” Anderson said. “She amazed us all. It was incredible. She was the one worried about everybody else. She tried to pull us up and hold us together emotionally. “She made it almost all the way through. At the casket, she lost it. She broke down. She lost it and I don’t think she will ever get it back again. She just sits there and stares. I don’t think that she will ever be capable again. When she was young her father was killed in a brutal axe slaying,” Anderson said. “A year ago, she lost two brothers in automobile accidents within six months of each other. And now this. It destroyed her.” “Sometimes I wish that they had come up to Tennessee and stuck a knife in my mother,” he said. “Sometimes, I think it would have been easier on her than what she is going through now.” Anderson also spoke in grief about his sister, including, “My mother raised Demetra right. * * sfc jfc * * “She had Demetra scared of sex. I believe Demetra was a virgin.” Inside Detective sold over 100 copies in Dalton of an issue with a feature story on the case. The story titled “The Girl Next Door — Knifed Ninety Times,” presented a gruesome account of the discovery of the body, the crime scene and the arrest of the Buttrums: “The sheriff winced at the sight on the floor and called it the most brutal murder he had ever seen in Whitfield County.” Coroner Helton knelt at the body, looked up and said, “stab wounds ... God knows how many.” The story detailed the arrest of the Buttrums and stated that each “allegedly confessed to the murder.” The Competency Trials. In early February, the Chattanooga Times reported on the competency hearing of Janice Buttrum. An article of February 6 reported on Janice Buttrum’s early life. “[TJeachers and social workers described Mrs. Buttrum’s life from the time she was born and given by her mother to another woman for rearing until she left Bartow County, Ga., as the wife of Danny Butt-rum, with whom she is charged with the brutal, sexual torture-murder of Demetra Faye Parker.” Other social workers and teachers described how Mrs. Buttrum as a young child came to live with her foster mother and the foster mother’s friend in a one-bedroom travel-trailer that was, during the social workers’ visits, littered with garbage, dirt and beer bottles. The article noted that the only witness who testified that she was incompetent, was a social worker who told the jury she was “ ‘a very disturbed child’ who had already retreated ‘into her own little world.’ ” The Daily Citizen-News in a front-page story reported February 6 that Buttrum had been found competent to stand trial. It noted she was then expectant and that defense witnesses traced her early childhood, testifying that she once went to bed with two 27-year-old men when but 14 years of age because of being starved for affection. The Chattanooga Times and the Chattanooga News-Free Press reported on the result of the hearing on February 7, the Chattanooga Times reminding the readers that “the Buttrums ... are accused of stabbing Miss Parker 95-100 times, that shortly before the murder Danny Buttrum had escaped from jail, and that the two were staying at the motel where Miss Parker’s body was discovered at the time of the murder.” On February 11, the Chattanooga Times summarized the evidence at Danny Butt-rum’s competency trial: Three years before he was charged with the brutal sexual-torture-murder of a 19-year-old West Tennessee woman, Danny Buttrum checked into a regional psychiatric facility in Rome, Ga., and told officials he was preoccupied with sex and was afraid he would rape someone, according to testimony at Buttrum’s competency hearing Tuesday. Evelyn Buttrum, the defendant’s mother, testified Tuesday that her son was an alcohol abuser and suffered from “spells” during which he became violent and destructive. She acknowledged to District Attorney Steve Williams that Buttrum had even attacked her with a butcher knife and scissors. Jessie Collette, a former counselor at the regional mental health center, interviewed Buttrum when he was voluntarily checked into the hospital and said the defendant told him he had a preoccupation with sex and an urge to rape. Butt-rum also reported homicidal feelings toward his mother. The Daily Citizen-News published a similar story. WTVC Channel 9 reported that the jury took less than one hour to find Buttrum competent and reminded the viewers that the victim had been “raped ... and then stabbed almost a hundred times.” WBU radio also reported the verdict and reported on the evidence suggesting that Buttrum “kept having ideas about raping someone.” On February 13, the Daily Citizen-News and the Chattanooga Times published additional stories on the hearings. Pre-trial Motions. Within a week, the local media informed Whitfield County of the next developments in the case. A Daily Citizen-News story of February 24 reported that the court had held a hearing on a motion for change of venue. See Respondent’s Exhibit 17. At the hearing, the court permitted the defense to question three of its witnesses who had recently been called for jury service. The first witness revealed that she held opinions that Danny and Janice Butt-rum had stabbed Ms. Parker, that she could not recall a crime which received more publicity in Whitfield County, and that her opinions were firmly held. Two other witnesses expressed similar views. The court refused to allow the defense to call any other of the 43 subpoenaed witnesses. The parties then entered into a stipulation: “[T]he balance of the 43 ... subpoenaed witnesses will have an opinion that Danny and Janice Buttrum were guilty, or at least involved in the killing of Demetra Faye Parker, and certain facts that have been brought out in the newspaper, television, and radio, but that probably they can set aside if they were called as Jurors in the case.” Respondent’s Exhibit 17 at 72-73. Articles on the hearing followed. The Chattanooga Times on February 25 summarized the hearing and noted: The murder of Miss Parker has become Whitfield County’s most infamous crime in recent years. The former Beauty pageant contestant had moved from near Dyersburg, Tenn., to work in Dalton-area carpet mills several months before her semi-nude body was found in a motel room she had rented. An autopsy showed that Miss Parker had been stabbed 95-100 times and had been sexually molested, police said. On February 25 the Daily Citizen-News published an article on the denial of the motion to quash the indictment reported that $28,000 had already been spent on the defense. Danny Buttrum’s trial was set for March 9, and the court held final motions hearings on March 5 and 6. Evidence was presented at a hearing on a motion for change of venue. Tom Mantón, a law student, testified by affidavit. He stated he had heard it said that (1) “part of the uterus of Deme-tra Parker was found in [her car] after the killing,” (2) “Janice Buttrum ate part of the uterus of the victim,” (3) “chunks and strips of the victim’s body were missing and may have been eaten by the Butt-rums,” and (4) “a hot curling iron was inserted into the victim’s vagina.” See Defendant’s Exhibit 9 to March 6 Hearing. Lawrence E. Noble, Jr., a professor of political science and expert in media content analysis, also testified at the hearing for the defense. Respondent’s Exhibit 23, Defendant’s Exhibit 8 to March 6 Hearing. He testified that he reviewed a large amount of the pretrial publicity and was familiar with the Chattanooga media area from work on other cases. According to Dr. Noble, the Whitfield County media audience receives radio material from four local stations, television material from Dalton, Chattanooga, and Atlanta stations, and newspaper material from Dalton, Chattanooga and the Atlanta newspapers. In the 27 news days covered by the media information provided to him, “prospective jurors in Whitfield County would have been exposed to some 650 television station newscasts, and some 550 radio newscasts, ... and some 162 newspaper stories about the case for reading by the prospective jurors.” He noted that the community received at least two special media events — the “seven minute piece on the case done by Channel 5 in Atlanta” and “a detective magazine story about the case which circulated in the county.” Id. He concluded that because of the nature of the crime and the extent and character of the publicity, the case should be tried in a venue “not contaminated by a combination of media from Atlanta, Chattanooga, and Dalton.” He found the media content very heavy and extensive for a sustained period in the county, which caused the facts of the case to become saturated into the residents of the county. He explained that over a period of time coverage becomes cumulative because as new events are reported, the background events are repeated again and again. “The content of the coverage is in effect drilled into the knowledge of the prospective jurors.” Id. at 2. He found that several factors of the case lent the case to emotional and inflammatory reporting: The heinous nature of the crime ... by its very nature resulted in sensational, emotional and inflammatory reporting. In addition, the fact that the victim was an attractive, All-American young woman produced an emotional focus on the victim. Other sensational aspects of the case included the interstate hunt for the defendants, the fact that they had their baby with them during the incident, the jail attack of one defendant, the apparent attempted suicide of one defendant, the gag order ... the insanity defense and the competency issue. Id. at 3. Noble thought that these factors would have an especially marked impact on a community like Whitfield County. The bizarre circumstance of married defendants, one allegedly bisexual, sexually molesting a young woman described as beautiful, naive, and trusting is highly inflammatory in a jurisdiction of the traditional nature as Whitfield County. In such a homogeneous community the shared basic values of persons who are prospective jurors would naturally be outraged by such an extraordinary event. The tendency to get the culprits would be particularly strong. Results of jury research which show that some forty percent of the citizenry feel that indictment is presumptive evidence of guilt would no doubt apply in a higher percentage in such a venue with such a relatively homogenous population. Id. The language used by the media would have increased the strength of the opinions developed by its consumers: Terms used in the media describing the crime include: brutal; sexual torture; some one hundred wounds; mutilated; sex murder. These emotive figures were repeated over and over. In this case, the media consumer in the county, a high percentage of which are prospective jurors, were showered with inflammatory material that had a high likelihood of causing opinions to be formed about the guilt of the defendants. Id. Finally, Noble found that “jurors often are not aware of the degree to which their opinions about guilt have been influenced by the media, and further that prospective jurors responding to the authority figure of the judge are not apt to reveal their full feelings about their pretrial exposure....” Id. at 4. He concluded that “prospective jurors in a jurisdiction so thoroughly contaminated with pretrial publicity have too heavy a burden to bear to meet the demands of impartiality.” Id. Maureen McLaughlin, a jury consultant, concurred in the conclusions of Dr. Noble. Id., Defendant’s Exhibit 9 to March 6 Hearing. She testified that jurors are not aware of how much preconceived opinions about a case affect their judgment. Based upon the extensive amount of pretrial publicity in the Buttrums’ case, she concluded, it would be very difficult for jurors to put aside their preconceived views. Id. at 56. The court ruled that it would allow sequestered voir dire on the publicity issue but made no final ruling on the motion for change of venue. On March 6, the Daily Citizen-News reported that Danny Buttrum’s trial was scheduled for the following Monday, March 9. The article reviewed the latest events and recounted many of the details about the crime. On the eve of trial, the Chattanooga News-Free Press published a long story, summarizing many of the events of the preceding seven months and reviewing the details about the crime. The Trial of Danny Buttrum. The publicity most prejudicial to Janice Buttrum’s trial was that covering her husband’s trial. The media reported Danny Buttrum’s confessions which in great detail told how the pair committed the crime and often cast Janice as the more perverse of the pair. The first account was from the Daily Citizen-News on March 9: “Testimony is not expected to begin until Tuesday in the trial of the rape and murder of the Tennessee teen-ager as an expert opposing the death penalty is helping the defense.” It noted that television stations from Atlanta and Chattanooga were covering the jury selection and included a sketch artist representing Channel 2 in Atlanta. The Atlanta Constitution on March 10 published a long article that depicted a small community deeply upset about the death, “Girl’s Slaying Stirs Anger, Shock In N. Georgia Town.” Today didn’t come soon enough for some residents of this carpet mill town that sits in the shadow of Lookout Mountain. “If this thing had happened 40 years ago, folks would have gone and got them out of the jail and made sure justice was done quick,” explained the grizzled cashier of a self-service gas station. “And I’d have been with them.... ” “The tragedy that led to this day has had tongues wagging and tempers “hot hereabouts for half a year now.” In addition to profiling Demetra Parker as a shy, modest, pretty teen-ager, who sang in the choir, the story also recounted the crime, the arrest, the prior record of Danny Buttrum, his escape from the work camp, and that it had become evident that “Janice Buttrum — who could face execution if convicted — was pregnant.” It outlined the prosecution’s theory of the case, including that the Buttrums “wrestled [the victim] to the floor, [and] stabbed her. She was repeatedly raped while still alive and bleeding. Then the Buttrums took her car and drove to Florida.” All of the media followed the voir dire carefully, and at its conclusion noted that the court denied the motion for change of venue. March 11. The Daily Citizen-News reported on March 11, “Danny Buttrum today admitted to stabbing Demetra Parker numerous times in her motel room and having sex with her as [the court] ruled his confession could be admitted into evidence.” It reported the contents of the confession: Buttrum said “this person went to the room of Ms. Parker and asked for a cigarette,” FBI Agent Fred McFall testified, noting that a baby was carried into the room after they forced their way past the 19-year-old victim. Buttrum maintained that he was told while being questioned by FBI agents that his wife was “spilling her guts” about the murder and their statements were inconsistent. Agent McFall said Buttrum indicated he entered the room, his baby was placed on the floor of the victim’s motel room, and he took turns stabbing the teen-ager while having sex with her. He said, “the other person” had oral sex after removing Miss Parker’s underclothing. “I went to the bathroom to wash off the blood,” he was quoted as saying in the sworn statement. “I stuck a hard object up her vagina,” he said in the confession. WDEF TV-12 and WTVC also reported on the confession. WBU radio aired a long newscast summarizing in detail the testimony on March 11. It noted that Danny Buttrum confessed that “Janice went to Parker’s room around 4:00 am Sept 3rd, to ask for a cigarette. She had her 19 month old child with her. When Parker opened the door — Danny forced his way in knocking Parker to the ground.” Janice then allegedly got a pocket knife and repeatedly stabbed Parker in the chest. Then in turn Danny allegedly did the same. Janice then told him that she would like to perform sexual activities with Miss Parker — allegedly according to the testimony — she did. Danny is then said to have raped her and went to the bathroom to wash the blood from his body. When he returned Janice was repeatedly stabbing Demetra Parker over & over. Danny then did the same and then forced a ridged yellow object into her feminine parts. Testimony given by Dr. Metcalf revealed 67 stab wounds to the chest area, 24 to the neck, 3 in the side of the neck, a long gash in her lower abdomen, stabs in the stomach, one long cut on the groin. March 12. With the trial in full swing, every medium gave detailed accounts of the preceding day’s events. The Daily Citizen-News on March 12 recounted the previous day’s testimony in an article titled, “3 Approached Before Parker.” The story detailed the findings of the pathologist, describing the wounds, and noting that Danny Buttrum had attempted to pick up other women earlier that evening. The agent said Buttrum confessed that his 19-year-old wife produced a pocket knife and began the stabbing before removing the victim’s clothing and talking of having oral sex with the girl. [District Attorney] Williams indicated that the accused murderer tried to get two other girls to date him [earlier that evening] and was asked if his wife was jealous. Buttrum responded that Janice Butt-rum wouldn’t mind if she could have her own sexual pleasures first with the women, Williams told jurors his case would prove. The story also reported in detail the findings of the pathologist, including his removing the seven-inch long plastic toothbrush holder from the dead girl’s body, which Williams should be termed “a parting savage gesture of her killers.” It further noted that “the pretty Kenton, Tenn., teenager was still alive as numerous knife thrusts and slashes were made by intruders.” The pathologist was reported having concluded that Ms. Parker was conscious through most of the attack. The Chattanooga News-Free Press also published an article on March 12 headlined “FBI Agent Says Buttrum Confessed Murder.” It detailed the findings of the pathologist, noting the depth of the wounds, the finding of teeth wounds on Ms. Parker’s neck, a “gaping hole” across her abdomen, that the doctor was of the opinion that the young woman died either after or at the very end of the stabbing, and that she was alive when she was raped and sodomized. WTVC TV-9 in Chattanooga and WQTM radio also aired reports about the confession. March 13. On this day, the prosecution and the defense completed their cases, and the jury began deliberations. Coverage was comprehensive. The Daily Citizen-News ran another front page story headlined, “Former Cellmate Tells of Confession.” The article reported the testimony of two women who had been approached earlier by Danny Buttrum the night of the crime. It recounted a confession made to a cellmate, Hugh Don Smith: Smith said Buttrum had blurted out details of the brutal murder in a call [sic] they shared and indicated he became jealous because Janice was bisexual and spent time at a laundry with the victim. Demetra Parker allegedly kicked and screamed but Buttrum put his hands over her mouth and held her down while his wife stabbed the victim, Smith said the accused killer told him. He said they repeatedly stabbed the helpless girl because they feared she was still alive, Smith quoted Buttrum saying. Smith said the Buttrums allowed their 18-month-old baby to watch the events inside the room while concentrating on the victim, Buttrum was quoted as telling him. The story also described the loss felt by Demetra Parker’s family and boyfriend. The Atlanta Journal published a story, “Inmate Says Man Admitted Slaying Teen,” which quoted Smith extensively. The Chattanooga News-Free Press similarly reported Smith’s testimony: “Butt-rum Cellmate Tells of Bizarre Murder.” The additional details of this article revealed that Buttrum “ ‘made his wife go’ to Miss Parker’s room and knock on the door under the pretext of borrowing a cigarette.” “Smith said Buttrum told him that ‘he [had] told her (his wife) to take a knife out of his pocket,’ and when she did she stabbed Miss Parker in the chest.” The two argued about who would sexually abuse the victim first, according to Smith. He said that Buttrum began sexual intercourse with her while his wife “was propped up on her elbow beside them.” Smith said Buttrum told him Buttrum and his wife then had oral sex with the woman. “He stated that he got up to go into the bathroom to wash the blood off him. While he was in there, he said he heard his wife molesting and stabbing her. Before the pair left the room, Smith said Buttrum told him he had sodomized the victim and they had slit her throat “because his wife said T don’t think she’s dead yet.’ ” Id. The Chattanooga Times reported an equally graphic account, adding that at the end of the affair, “ ‘he said his wife said “I don’t believe she is dead yet.” ... and slit her throat.’ ” It reported Smith testifying, “ T ... asked Mr. Buttrum about his child,’ Smith said. ‘He said, “Oh, our child was there watching us. We had our child with us.’”” Id. WQMT radio reported the day’s events, and noted that defense counsel admitted Buttrum had killed Demetra Parker, but that the killing was spontaneous. It reported the District Attorney asked the jury to find Danny Buttrum guilty “not only to avenge the death of Ms. Parker but to do so out of fairness for her parents who were present in the courtroom.” That night, WDEF TV-12 informed viewers that the jury had reached a guilty verdict in just fifteen minutes. March H. On March 14, under a banner headline, “Buttrum Found Guilty,” the Daily Citizen-News published two stories, one summarizing the trial to date and looking toward the sentencing phase, and the other about the family of Ms. Parker: “Next Step For Jury Is to Decide Price Buttrum Must Pay,” and “Family Remembers Demetra.” In recounting the day’s events, it noted that District Attorney Steve Williams thundered in reply that Buttrum was like a shark feeding in a tank and acting with a sexual frenzy when he helped stab Demetra Parker 97 times and raped her. The story pointed out that Williams asked the jury to consider the pain of Ms. Parker’s family during its deliberations. Ray Parker, the girl’s father, bowed his head and wept as Williams pointed to him in the courtroom and noted that murder had taken a daughter that couldn’t be replaced. The article on the family recounted with pathos the grief and loss the father, the mother, and the family. The Atlanta Journal published a story on March 14 summarizing the trial, headlined “Buttrum Found Guilty of Murder and Rape.” In the six months since the nude and bloody body of Miss Parker was found in her $50-a-week room at the Country Boy Inn, the slaying has been a frequent topic of conversation in this north Georgia carpet-mill town. The courtroom was crowded each day of the trial as farmers in bib overalls, secretaries in high heels, teen-aged girls in jogging suits and an assortment of other spectators listened to the grisly story. It noted that the “Buttrums confessed to the crime shortly after they were captured in Demetra Parker’s car.” It reported that Ms. Parker’s father “hung his head and wiped tears from his ruddy cheeks” as the District Attorney told the jury that “this man will never again know the love of his daughter,” and that while several members of the Parker family attended trial, the victim’s mother “just couldn’t bring herself to come over.” The Chattanooga Times and the Chattanooga News-Free Press published sim