Special Prosecutor Angela Corey listens April 12
as defense attorney Mark O'Mara requests the
sealing of records in the shooting case against
his client, George Zimmerman. (Reuters)
Several media outlets led by the
Miami Herald,—including
The New York Times, and CNN, and The First Amendment Foundation, a non-profit media advocacy group—
filed a motion Monday asking a judge to unseal records in the Trayvon Martin killing in Sanford, Fla. Those records were sealed last week at the request of Mark O'Mara, the lawyer representing George Zimmerman in the killing. The 28-year-old Zimmerman has been charged with second-degree murder. If convicted, he could serve life in prison.
Standing with his client in a brief hearing Thursday, O'Mara said there was:
...information about some witnesses, some witness statements, some addresses, telephone numbers. There's even, I believe, though I haven't reviewed the court file, may be some information specific to Trayvon Martin, a juvenile. And the concern is, with the focus this case has gotten to date, there are going to be and already have been requests to get that information. So I am seeking on my client's behalf and just in the interests of justice on a temporary basis that we do a complete sealing of that record, that no one have access to it except for the court, the appropriate court, and court personnel and, of course, the attorneys involved
Seminole County Judge Mark Herr accepted that request but did so without signing an official order. He also noted the trial judge might reverse his decision.
The media motion states that the Florida Supreme Court has set forth three points regarding sealing of records. These include whether the closure is needed to prevent “serious and imminent threat” to justice; whether alternatives exist beyond moving the case to another jurisdiction and whether closing the records would actually protect the rights of the accused. These points were not addressed by O'Mara, the eight-page motion states.
Citing several court precedents, the media outlets argue that:
Typically, defendants in criminal proceedings argue that publicity regarding the records will permeate the county in whcih trial will be held to such a degree that it will be impossible to empanel an impartial jury.
Here these proceedings are at the earliest possible stage and no trial date has been been set. It is facially implausible to suggest that public disclosure of these judicial and public records will taint citizens of a county as large as Seminole County to such a degree that it will be impossible to empanel an impartial jury at some unknown time in the future in connection with a trial for which no trial date has been set. In fact, closure would not be warranted even if every juror in the county were to read articles regarding the records. In case after case in Florida, courts—including the United States Suoreme Court—have held that prominence and publicity are not synonymous with prejudice and impartiality, and have cautioned against assuming that all potential jurors follow the news and retain what they read and watch. [...]
here, numerous details regarding Defendant and the underlying event have been publicly disseminated, including statement that Defendant's father (a former magistrate) made to the media regarding his son. Copies of articles and broadcasts demonstrating the breadth of information already in the public record can be made available to the Court. Thus, to the extent the sealed records contain information that has not already been publicly disseminated, Defendant must show that the release of such additional information will deprive him of his right to a fair trial, which is a showing he cannot make.
The Tribune Co., which owns the
Orlando Sentinel, and WFTV-Channel 9 plan to file their own separate motion on unsealing the records.
A draft of that motion, calls the sealing of the records:
"drastic and extreme…There is no reason to believe that the release of material now will affect the fairness of the trial."
"This criminal case has already raised serious questions—from all sides—about the ability of government to do its job and protect its citizens. Florida's historically open and transparent judicial system should not compound such suspicions by operating in the dark in this case."
A bail hearing is scheduled for Zimmerman on Friday. Sometime this week, we may learn whether the judge assigned to the case, Circuit Judge Jessica Recksiedler, will recuse herself. Recksiedler's husband is the law partner of Mark NeJame, who currently works for CNN as an analyst on the Zimmerman case, and O'Mara has hinted he may seek to have her removed from the case.
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2:10 PM PT: George Zimmerman's defense attorney Mark O'Mara has filed for Judge Jessica Recksiedler to recuse herself from the case.