Secret courts
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QUICKLINK 3rd Cir. · August 19, 2009 · Secret courts
Judge seals briefs, pulls opinions in Amtrak case
A federal judge in Pennsylvania directed Lexis and Westlaw to remove eight opinions from their database as part of a confidential settlement, The Legal Intelligencer reports. Related court documents were also sealed, though one of the defendants, Amtrak, is owned by the federal government.
The newspaper reports that U.S. District Judge Lawrence F. Stengel “agreed to vacate eight of his published opinions and to ‘direct’ Lexis and Westlaw to remove them from their databases.” . . . [more]
— Rory Eastburg, 5:15 pm · Comments: 0
NEWS MEDIA UPDATE California · August 14, 2009 · Secret courts
In secret case, government agrees to disclosures
Attorneys representing the federal government in a trial that was held in complete secrecy have apparently agreed to the release of some information in the case.
The civil lawsuit involves the prison killing of Jewish Defense League figure Earl Krugel. U.S. District Judge Stephen Wilson ordered reporters and the public out of the courtroom, conducting the whole trial behind closed doors in an attempt to protect Bureau of Prisons (BOP) strategies for identifying gang members. Many documents, including the court’s opinion, were sealed.
The Los Angeles Times, The Associated Press, the California Newspaper Publishers Association, and The Reporters Committee for Freedom of the Press asked the court to unseal documents and trial transcripts on Aug. 4, . . . [more]
— Rory Eastburg, 1:01 pm · Comments: 0
PRESS RELEASE Georgia · August 13, 2009 · Secret courts
Reporters Committee asks high court to keep jury selection public
The Reporters Committee for Freedom of the Press filed a friend-of-the-court brief today urging the U.S. Supreme Court to review a decision that allows Georgia judges to bar the public from courtrooms during jury selection.
The judge overseeing Eric Presley’s drug trial ordered the public to leave the entire courthouse floor where jury selection (called voir dire) was taking place. The judge reportedly often conducted jury selection in secret, concerned that members of the public would speak to prospective jurors and unaware that the First and Sixth Amendments each create a presumption of public access to jury . . . [more]
— Rory Eastburg, 4:32 pm · Comments: 0
QUICKLINK 2nd Cir. · August 10, 2009 · Secret courts
Court finds no right of access to prostitution investigation wiretaps
The New York Times lost its bid to unseal records related to the investigation of a prostitution ring that brought down New York Gov. Elliot Spitzer, after the U.S. Court of Appeals in New York City (2nd Cir.) on Friday overturned a lower court's order.
The appellate court ruled that the Times had not shown "good cause" to have the wiretap . . . [more]
— Posted at 6:05 pm · Comments: 0
NEWS MEDIA UPDATE California · August 5, 2009 · Secret courts
Press groups move to intervene in secret trial
A coalition of news media organizations on Tuesday moved to intervene in a case where an entire trial was held in secret. The case, a civil lawsuit against the federal government, stems from the beating death of Jewish Defense League activist Earl Krugel at the hands of a white supremacist while in federal custody.
U.S. District Judge Stephen Wilson last month ordered reporters and the public to leave the courtroom, conducting the whole trial behind closed doors in an attempt to keep secret various Bureau of Prisons strategies for identifying members of white supremacist gangs. Even the court’s opinion is sealed.
On Tuesday, four media groups – the Los Angeles Times, The Associated Press, the California Newspaper Publishers Association, and The Reporters Committee – moved to intervene and unseal court documents and trial transcripts. “While any infringement of the public’s constitutional right of access is inappropriate,” the groups argued, “the holding of a secret trial and the sealing of court records concerning substantive court rulings is . . . [more]
— Rory Eastburg, 5:24 pm · Comments: 0
QUICKLINK U.S. · August 4, 2009 · Secret courts
Obama administration asserts state secrets privilege
The Obama administration argued in a Supreme Court filing last month that the "state secrets privilege" is rooted in the constitution, The New York Times reported. Writer Adam Liptak also points out that the history of the privilege shows how "problematic" it can be, because the case that established the privilege turned out years later to have hidden proof of negligence, not national security secrets.
The assertion is a reinforcement of Bush administration views on the . . . [more]
— Jonathan Jones, 7:32 pm · View reader comments (1)
QUICKLINK U.S. · July 31, 2009 · Secret courts
Mikva to lawyers: Think twice before sealing documents
Abner Mikva – retired federal judge, congressman, and White House counsel – urged lawyers at the American Bar Association convention to stop routinely filing court documents under seal, the Chicago Sun-Times reports.
“You civil lawyers out there pay some attention: I don't think that documents that are filed in the taxpayer-supported courthouse before a taxpayer-paid judge should be treated as private material unless there is some overwhelming . . . [more]
— Rory Eastburg, 12:08 pm · Comments: 0
QUICKLINK California · July 24, 2009 · Secret courts
Los Angeles judge holds entire trial in secret
A federal judge in California conducted an entire trial this week behind closed doors, the Los Angeles Times reports.
The civil suit stems from the prison killing of a Jewish Defense League activist by a white supremacist. U.S. District Judge Stephen V. Wilson “banished media and spectators from the courtroom Tuesday and Wednesday, from the swearing in of the first witness through closing arguments,” The Times reports. Though the order closing the trial was . . . [more]
— Rory Eastburg, 5:47 pm · View reader comments (4)
NEWS MEDIA UPDATE Maryland · July 21, 2009 · Secret courts
Maryland court OKs access to taped murder confession
A Maryland appellate court on Friday upheld a trial court's order allowing a Baltimore television station to copy two recordings of explicit confessions in a high-profile murder trial.
A Baltimore jury convicted John Gaumer of raping and murdering Josie Brown, whom he met on Myspace, in 2007. During Gaumer’s trial, prosecutors introduced two taped confessions, one videotaped and one audiotaped. On March 5, 2008, the trial court granted WBAL-TV’s request to copy portions of the tapes.
On appeal, prosecutors and the Brown family claimed that the trial court abused its discretion in granting WBAL’s request for access because the protection of victims’ rights outweighed the presumption of public access to court records. But the Court of Special Appeals of Maryland – the state’s intermediate appellate court – recognized a “common law presumption of the openness of court records that, as a general rule, can only be overcome by a ‘special and compelling reason.’” It added that, because . . . [more]
— Rory Eastburg, 5:06 pm · View reader comments (1)
NEWS MEDIA UPDATE Florida · July 20, 2009 · Secret courts
Florida rejects proposal to hide electronic court records
The Supreme Court of Florida refused to block public access to electronic records of court proceedings, in a unanimous decision released Thursday.
The court rejected amendments that had been recommended by a judicial rules committee to remove "electronic records, videotapes, or stenographic tapes of court proceedings" from the meaning of "court records," which are open to the public. Under the proposed rule, electronic records would have been released only under certain circumstances and at the court's discretion.
Noting that such a rule would deny the public access to records of open proceedings, the court concluded: "Such a provision is overly restrictive and is contrary to Florida‘s well established public policy of government in the sunshine and this Court‘s longstanding presumption in favor of openness for all court proceedings and allowing access to records of those proceedings."
The court expressed concern with granting judges "unfettered discretion" over access to recordings, citing a May ruling by a lower Florida . . . [more]
— Lucas Tanglen, 4:53 pm · View reader comments (1)
QUICKLINK Ohio · July 14, 2009 · Secret courts
Ohio court says murder case documents were wrongly sealed
The Cincinnati Enquirer was wrongly denied access to court records in the case of a man accused of killing his wife and four children, an Ohio appeals court has ruled.
Two county judges presiding over the case of Michel Veillette last year sealed search warrants, public preliminary hearing records, and other documents on the grounds that their disclosure could affect the outcome of the trial, according to the Enquirer. The paper appealed.
The . . . [more]
— Caitlin Dickson, 4:58 pm · Comments: 0
QUICKLINK U.S. Supreme Court · July 14, 2009 · Secret courts
Sotomayor has had "positive experiences" with cameras in court
Supreme Court nominee Sonia Sotomayor told senators at her confirmation hearing Tuesday that she has had "positive experiences" with cameras in the courtroom and would add a "new voice" to the court's ongoing internal discussion about opening up its proceedings.
If confirmed, Sotomayor would replace Justice David Souter, who was one of the staunchest opponents of allowing cameras into the Supreme Court.
The subject came up during Sen. Herb Kohl's (D-Wisc.) questioning of Sotomayor on the second day of her confirmation hearings. Sotomayor sits on the U.S. . . . [more]
— Jonathan Jones, 3:41 pm · Comments: 0
NEWS MEDIA UPDATE Georgia · July 10, 2009 · Secret courts
Supreme Court asked to review secret jury selection
A Georgia man yesterday asked the U.S. Supreme Court to revisit his conviction for drug trafficking on the grounds that the public was improperly excluded from the jury selection hearing, called voir dire.
In the case, State v. Presley, the trial court judge excluded the defendant Eric Presley’s uncle and other members of the public from the courtroom during jury selection. The judge reasoned that “[t]here just isn’t space for them to sit” in the “very small courtrooms,” because “witnesses and relatives cannot sit in the audience beside the potential jurors.”
The judge also ordered the public to vacate the entire sixth floor of the courthouse – suggesting they visit the snack bar – because “jurors will be all out in the hallway in a few moments.”
Presley objected to the court’s action, and later asked for a new trial on the grounds that the court improperly excluded the public from jury selection.
On appeal, the Georgia Supreme Court agreed that the public has a presumptive right of access to . . . [more]
— Rory Eastburg, 6:21 pm · View reader comments (1)
NEWS MEDIA UPDATE Virginia · July 8, 2009 · Secret courts
Virginia high court moves to seal juror information
The Virginia Supreme Court has proposed a rule to tighten access to juror information in all criminal trials, expanding on a 2008 state law that gives courts the authority to keep juror lists secret where there is "good cause."
The proposed rule would shield jurors' identities, giving them numbers by which they would be referred to in court. It would allow judges to further restrict disclosure of personal juror information collected by the clerk's office in some cases. Virginia Beach courts have already launched a similarly restrictive policy, closing access to juror information in all cases, according to The Virginian-Pilot.
The Virginia Coalition for Open Government has come out against the proposed statewide rule.
Megan Rhyne, the executive director of the coalition, said in an interview that "routinely closing off juror information is potentially unconstitutional," and interferes with the public's right to know what is happening in a trial.
The proposed rule has been tentatively . . . [more]
— Caitlin Dickson, 5:04 pm · Comments: 0
QUICKLINK Minnesota · June 22, 2009 · Secret courts
Court denies request to keep boy's medical records sealed
A request from a Minnesota boy and his parents for a court order sealing his medical records was denied last week, The Associated Press reports.
According to the AP, Brown County Judge John Rodenberg decided that since Daniel Hauser's refusal to be treated for childhood Hodgkin's lymphoma has already become national news, the public has an overriding interest in access to the full story about the boy's medical record as it was filed in court papers.
Earlier this year, Rodenberg ordered Hauser to . . . [more]
— Caitlin Dickson, 5:14 pm · View reader comments (1)
QUICKLINK Illinois · June 8, 2009 · Secret courts
Judge in high-profile murder case limits defendant's media contacts
An Illinois judge has blocked a high-profile murder defendant from contacting anyone not on a pre-approved list of relatives and friends, and told all attorneys in the case to notify him before issuing press releases and holding news interviews, in a bid to deflect the media glare in the case.
Drew Peterson, a former police officer, was indicted in May in the murder of his third wife. He has pleaded not guilty. According to the AP, Will County Judge Stephen White said Wednesday that Peterson, who had called into a . . . [more]
— Kathleen Cullinan, 3:24 pm · View reader comments (4)
NEWS MEDIA UPDATE D.C. Cir. · June 2, 2009 · Secret courts
Judge limits secrecy in detainee proceedings
The public has a right to know the details of pending charges and the government's evidence against Guantanamo Bay detainees who are challenging their detention, a federal judge ruled on Monday.
The government had asked the court to keep unclassified documents sealed in more than 100 cases, saying some classified information had accidentally been included in those files. U.S. District Judge Thomas Hogan refused to allow such sweeping secrecy, saying the government could only ask to seal specific words or passages.
The government's proposal to seal the documents, known as factual returns, was originally opposed by the detainees. The Associated Press, The New York Times and USA Today joined in the legal action.
Hogan ruled that the public has a First Amendment right to see documents in habeas corpus proceedings, finding that journalists have historically had access to such records in civil cases and that access is important in "enlightening the citizenry."
Hogan also ruled that the government had . . . [more]
— Lucas Tanglen, 4:49 pm · Comments: 0
NEWS MEDIA UPDATE Connecticut · June 1, 2009 · Secret courts
Connecticut court unseals priest abuse documents
In a ruling due to be formally published this week, the Connecticut Supreme Court has found that documents filed in more than two dozen civil lawsuits against the Roman Catholic Diocese of Bridgeport should be unsealed.
The lawsuits, which alleged sexual abuse, were brought against the diocese and six priests in the mid-1990s. The judge then handling the case sealed documents that he felt could jeopardize the defendants' right to a fair trial, until a jury had been selected. But the cases all settled in 2001 without going to trial.
In 2002 The New York Times sought to intervene and have the records unsealed. The Boston Globe, Hartford Courant and The Washington Post all joined the case later. The newspapers' request made its way up to the Connecticut Supreme Court once before, but was sent back down for further proceedings. In 2006, the trial court ruled that the documents should be released. The reasoning went that the basis for sealing them -- to protect the defendants' right to a fair trial -- had expired and the church had not raised . . . [more]
— Jonathan Jones, 5:37 pm · View reader comments (2)
NEWS MEDIA UPDATE Georgia · May 29, 2009 · Secret courts
Media asking for access to evidence of terrorism
Several news organizations are asking a federal judge to release prosecution evidence on the eve of a terrorism trial in Atlanta, The Associated Press reports.
The AP, The Atlanta Journal-Constitution, the Canadian Broadcasting Corporation, CNN and WSB-TV filed a motion Thursday in federal court in Atlanta seeking access to 12 hours of audiotaped interviews with Syed Haris Ahmed as well as videotape that Ahmed and his co-defendant supposedly created in an effort to case terrorism targets. The former Georgia Tech student is set to go on trial Monday on charges of providing material support to terrorists and conspiracy. His co-defendant, Ehsanul Islam Sadequee, is facing similar charges and is scheduled to be tried in August.
Ahmed's attorneys asked that the videotapes be sealed after they were filed as evidence in January 2008. A federal magistrate judge rejected the request, but said the order was pending review by a district court judge, the AP reported. The case has been handled by two different district court . . . [more]
— Jonathan Jones, 4:52 pm · Comments: 0
QUICKLINK 2nd Cir. · May 21, 2009 · Secret courts
Federal judge to weigh prior restraint of 'perp walk' photos
A federal judge in New York has set a hearing next week to consider a defense attorney's request that Newsday and a local television station be barred from publishing photos taken of his client while he was under arrest, the paper reports.
According to Newsday, Judge Arthur Spatt refused to impose an immediate ban on the press, but said in court Wednesday he did find it "especially troubling" that the paper illustrated its stories on state lawmaker Roger . . . [more]
— Kathleen Cullinan, 6:05 pm · Comments: 0
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