The lawyer defending Tyler McCain — the man charged with murdering his wife, Nikki McCain — has asked a judge to close this week’s preliminary hearing to the public.
And the Shasta County District Attorney’s Office has requested that Tyler McCain’s attorney, Michael Borges, be disqualified from the case.
The District Attorney’s Office made the request to Superior Court Judge Thomas L. Bender on Tuesday at Shasta County Superior Court in Redding.
Tyler McCain appeared before the judge, sitting beside Borges. About 25 people were in the audience, including Nikki McCain’s family, members of the media and supporters from the community.
“We trust the court to make the right decisions,” Nikki McCain’s sister, Kaye Ford, said via email after Tuesday’s hearing. “We continue to have faith in the legal process as the case moves forward.”
Reasons why Borges should be disqualified from representing Tyler McCain were presented by the district attorney’s office to the judge on Tuesday in documents that were filed under seal.
In court, Borges told the judge: “I disagree there are any” grounds for disqualification.
Questions on why prosecutors want Borges disqualified as Tyler McCain’s attorney will be addressed at a plea dispositional hearing scheduled for Wednesday, the district attorney’s office said.
Bender, a retired Madera County Superior Court judge assigned to hear the high-profile Shasta County case, called the motion for disqualification “rare.”
Bender asked if there was anything that Borges would not want to let the prosecution know. Borges said “arguments about facts should be in closed session.”
Also on Tuesday, Borges said that Tyler McCain wants to have a shorthand reporter at the preliminary hearing. And Assistant District Attorney Sarah Murphy said a Spanish interpreter would be needed for one person expected to give testimony.
The preliminary hearing is scheduled to start on Thursday and is estimated to take between five to seven court days to complete, the district attorney’s office said. That court proceeding will determine if there is enough evidence for the case to move forward to trial.
Can the public be excluded from the courtroom?
David Loy, legal director for the California First Amendment Coalition public transparency group, said the U.S. Supreme Court ruled in a case that originated in California in 1986 determining that the public has a right of access to criminal proceedings, including preliminary hearings.
“So the rule is a preliminary hearing must be open,” said Loy. “Any closures are very much the limited exception and the process for doing that — the judge will have to hold a hearing and the press and public have to have an opportunity to object.”
Loy added: “But there must be an (overriding) or compelling reason to justify closing it down. The closure must be very narrowly tailored.”
What happened to Nikki McCain?
Tyler McCain is accused of killing his wife, Nikki Cheng Saelee McCain, after a domestic dispute. He pleaded not guilty on Aug. 22 to a charge of murder in the first degree and other charges he faces related to the homicide case.
Shasta County Superior Court Judge Adam Ryan ordered Tyler McCain to continue to be held without bail in the Shasta County Jail.
Investigators believe McCain killed his wife to prevent her from testifying in a domestic violence case she filed against him in December 2023, District Attorney Stephanie Bridgett said at a press conference on Aug. 20.
Because of that legal “enhancement” — that he murdered his wife to prevent that testimony — Tyler McCain could face life in prison without parole if he is convicted. The domestic violence case was pending when Nikki McCain went missing.
The domestic violence charges against Tyler McCain were dismissed in July 2024 after a Shasta County Superior Court judge said his wife was both the victim and a witness in the case, but was unable to testify.
Bridgett said on Aug. 20 that dismissing the domestic violence charges last year preserved the ability to refile the case once Nikki McCain was located or, in her absence, when sufficient evidence was obtained.
Happy Valley resident Nikki McCain was declared dead last March, 10 months after she was reported missing. Her remains have not been found.
Michele Chandler covers public safety, dining and whatever else comes up for the Redding Record Searchlight/USA Today Network. Accepts story tips at 530-338-7753 and at mrchandler@gannett.com. Please support our entire newsroom’s commitment to public service journalism by subscribing today.
This article originally appeared on Redding Record Searchlight: Lawyer for Tyler McCain wants upcoming hearing closed to the public
Reporting by Michele Chandler and Damon Arthur, Redding Record Searchlight / Redding Record Searchlight
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