A Boulder District Court judge ruled Monday that this week's preliminary hearing for the 16-year-old boy charged with attempted murder in the Centaurus High pipe-bomb case will remain open to the public.
Judge Ingrid Bakke denied a request by attorneys for Andrew de Bartolome to close Wednesday's hearing, writing that the defense failed to sufficiently establish why it would be in the teen's best interest to do so.
Furthermore, she noted in her written ruling, prosecutors acknowledged they will not address de Bartolome's "life, health, development, history and functioning" at the preliminary hearing -- the reasons cited by the defense in their request to close the courtroom.
Bakke has not yet ruled on the defense's similar request to bar the public from an Oct. 9 hearing on whether to transfer de Bartolome's case to juvenile court. She gave the defense 15 days to respond to objections to that hearing's closure made by Boulder County District Attorney Stan Garnett and the Daily Camera in separate filings last week.
De Bartolome, who is free on bond, is charged as an adult with felony counts of first-degree attempted murder, use of explosives and possession of an explosive or incendiary device, as well as two counts of felony menacing, in the May incident at the Lafayette high school.
A Centaurus High teacher discovered an explosive device, which police described as being "very similar to a pipe bomb," inside Centaurus High School on May 13, forcing the school's evacuation and the closure of South Boulder Road for several hours.
Officials said the device had a 9-volt battery and could have injured those in close proximity had it exploded.
The device was detonated by the Boulder County bomb squad away from the school.
There were no injuries. ___