COEUR d'ALENE - First District Magistrate Clark A. Peterson ruled Tuesday that the evidence portion of an upcoming preliminary hearing for Eldon G. Samuel III will be closed to the public.

"The court never lightly excludes the public from a hearing," Peterson told the parties in the case. "I do find, however, in the unique and very specific circumstances of this case, that I'm granting the defense's motion to seal this preliminary hearing."

During that hearing the prosecution calls witnesses and puts on some evidence. At the end, a magistrate decides whether there is enough evidence to warrant a future trial in District Court.

"If I seal when I should not have, the remedy is merely a delay of information in which the public will be fully informed of those facts when released," Peterson said.

He said he had to weigh the public's right of access to court hearings against the right to a fair trial and court proceedings for Samuel, 14.

He said these types of proceedings for juveniles don't "share the same historic openness" as those for adults.

A date for the preliminary hearing has yet to be scheduled after being continued Tuesday.

Jay Logsdon, deputy public defender, filed the motion to close the hearing to the public's eyes.

He pointed to the alleged patricide and fratricide.

"It's a family tragedy," Logsdon said.

Having the hearing open would hurt Samuel's reputation, Logsdon said, and it's not the public's business at this stage in the case. Samuel needs to be able to get on with his life, and "live this down," if he's acquitted.

Logsdon said it's also a "very private" matter.

"He's clearly got some psychological issues," Logsdon said.

Samuel is charged as an adult with two counts of first-degree murder for the grisly deaths of his father, 46-year-old Eldon Samuel Jr., and 13-year-old brother Jonathan Samuel last month in a Coeur d'Alene home owned by St. Vincent de Paul North Idaho.

Attorney Jason Gray, of Witherspoon-Kelley law firm in Spokane and Coeur d'Alene, sought to ensure public access to the hearing on behalf of KHQ local news.

Following the judge's decision, Gray said he would need to evaluate Peterson's written decision before deciding what to do next.

He said the public has a "qualified" First Amendment right to criminal court proceedings.

Earlier in the day, Gray argued before the court that what was sought by Samuel's defense could be sought by anyone with an upcoming preliminary hearing.

"There just isn't enough evidence to close these proceedings," Gray said.

Kootenai County Deputy Prosecutor Art Verharen said the defense failed to bring forward necessary evidence demonstrating pre-trial publicity from the hearing would damage Samuel's right to a fair trial.

Peterson said the case file will remain open to the public, but any transcript from the evidentiary portion of the preliminary hearing will be sealed.

All other future hearings in the case will be open to the public, he said.