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Defense attorneys for the college professor accused of killing his wife are trying to minimize media coverage by asking the judge to limit prosecutors and police pre-trial public comment, shutting off the WebEx live feed of any court hearings and objecting to TV stations expanded media coverage requests.
Nicholas Myklebust, 44, a well-respected Regis University English Literature associate professor, faces one count of first-degree murder in the death of Seorin Kim, 44, and one count of tampering with evidence.
Myklebust sat with his head down for most of the 30-minute hearing, shacked at the hands and feet, while appearing before 2nd Judicial District Judge Ericka Englert for a status conference Thursday.
Englert ruled on a series of defense motions and set the next status conference date for Sept. 27.
The judge previous to the case, Denver District Judge Karen Brody, denied ABC affiliate Denver7's request for expanded media coverage.
"The Court finds that there is a reasonable likelihood that expanded media coverage would unduly detract from the solemnity, decorum and dignity of the Court and would create adverse effects that would be greater than those caused by traditional media coverage," according to her July 30 ruling.
Judge Englert denied a defense motion to "prohibit law enforcement and the prosecution from seeking or obtaining ex parte search warrants." She also denied a request from the defense that would have forced prosecutors to disclose expert witnesses sooner than rules currently allow.
Deputy District Attorney Anthony Santos said prosecutors would comply with Rule 16, which "encourages professionalism and cooperation among counsel and parties to facilitate disclosure, discovery, pretrial and trial procedures."
Santos and public defender Becca Butler-Dines discussed a matter not disclosed to the public at the bench for about 15 minutes.
Myklebust called Denver police just before 7 a.m., July 29 to report he had discovered Kim on the floor of their bedroom, with blood coming from her head, according to the arrest affidavit.
Myklebust told 911 dispatch he also found “his baby” on the ground, not breathing, arrest documents indicated.
When they arrived, police and paramedics found the adult victim near a bassinet along a wall in the bedroom, with multiple blunt force injuries to her head and face, the arrest record stated.
An infant female was discovered deceased on the bed with no visible injuries as well.
The affidavit showed paramedics noted Kim's injuries were not consistent with a fall and that Myklebust had scratch marks on his neck and chest. Investigators also noticed Myklebust's knuckles were swollen and that "the hands appeared to be used to strike something."
Police immediately took photos of the suspect’s hands.
At a prior court hearing, Santos said that the baby is the second child of the professor to have died of unusual circumstances at such a young age. The other child, a 10-day-old, died of cranial injuries, Santos revealed.
Butler-Dines said in court previously that there have been no criminal charges related to the first child's death.
Police found bloody gloves "in the dryer and on the dryer," which Santos said proved that the crime scene had been altered.
Myklebust is being held in lieu of a $5,000,000 bond.
Denver Gazette reporter Carol McKinley contributed to this story.
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