Judge Blocks Post-Dispatch Story about Accused Murderer

RYAN KRULL

The Post-Dispatch's offices downtown off North Tenth Street.

A judge in St. Louis City Circuit Court has forbidden the St. Louis Post-Dispatch from publishing material from the mental health evaluation of a man accused of killing a police officer in Tower Grove South in 2020.

It's unknown what exactly is contained in the evaluation, but court filings made by those attempting to block its publication say material in it is "highly confidential" and that its being made public would hinder Thomas Kinworthy's ability to get a "fair and impartial trial."

Kinworthy, 46, is accused of killing officer Tamarris Bohannon on August 29, 2020. On that day, according to a police probable cause statement, Kinworthy was armed when he ran into a house on Hartford Avenue. Two residents fled out the back door. When Bohannon approached the front door, Kinworthy allegedly opened fire, killing the officer. He was taken into custody after a 12-hour standoff.

Kinworthy's case has been making its way through the courts ever since.

Last Thursday a mental health report about Kinworthy was filed with the court by an attorney with the Missouri Department of Mental Health. A report like this would typically not be filed publicly, but this one was — likely in error.

That same day, according to court filings, Post-Dispatch reporter Katie Kull obtained a copy of the report through a search of public court records. On Monday, Kull contacted Kinworthy's attorney seeking comment about the material.

That same day, the public defender's office filed a petition for a temporary restraining order seeking to block the publication of any material from the report. In addition to arguing that the report could hinder Kinworthy's ability to get a fair trial, the petition also says that the information about Kinworthy isn't of "legitimate interest" to the public.

However, the Post's attorneys pointed out in court filings of their own that Kull obtained the material legally from a public filing and that courts typically only practice “prior restraint” — the legal term for a court blocking what would otherwise be free speech before it even takes place — when that information involves "issues of grave national security or significant threats to public safety."

A temporary restraining order barring the Post from publishing anything based on the mental health evaluation was issued Tuesday by Judge Elizabeth Hogan, and it will be in place for now as the suit continues to make its way through the court.

Kansas City attorney Jean Maneke, who specializes in legal issues related to the press, says that when someone legally accesses a document at the courthouse, "There's a presumption that it's yours, it's open to you to read and to use the information, because it is a public record."

She adds, "I am sorry that this happened to whoever made the mistake. But the reporter did nothing wrong. The reporter had a right to presume this was a public record. Everybody, always when something goes wrong, tries to think, ‘Who can I blame?’"

The public defender's office has until June 2 to submit filings in favor of the restraining order. The Post has until June 12 to submit filings against. 

When reached for comment, Post-Dispatch Executive Editor Alan Achkar referred the RFT to court filings. Matt Mahaffey with the Missouri Public Defender's Office said he could not comment on a pending case.

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