Judge keeps Kelly case under wraps
CHILD PORN TRIAL | He closes next week's hearing, raising public access concerns
The judge presiding over R&B star R. Kelly's child pornography case will hold a closed hearing next week -- one of several measures he has taken to impose secrecy on parts of the high-profile case.
Judge Vincent Gaughan said Tuesday the April 11 hearing will deal with "motions that were filed under seal," and jury instructions. Jury selection is set to begin May 9, more than five years after Kelly was charged.
(AP)
Gaughan has already placed several documents under seal, including lists of witnesses. But the total number of documents under seal -- and what they are -- remains a secret.
"They're running the risk of, in effect, creating a secret proceeding," said Jane Kirtley, a law and journalism professor at the University of Minnesota.
Gaughan has issued a "decorum order" barring lawyers from talking to the media about anything beyond the charges, scheduling, and basic details about Kelly. At Kelly's court dates, the lawyers usually meet with Gaughan in his chambers for a half hour to an hour before emerging and briefly discussing scheduling matters in public.
Kelly, 41, is charged with child pornography for allegedly videotaping himself having sex with a girl estimated to be 13 or 14. Kelly, of Olympia Fields, has pleaded not guilty.
Martin Garbus, a First Amendment lawyer in New York, said Gaughan may have sealed documents to protect the alleged victim or other children. "There are certain valid things that ought to be protected," such as the rights of children or national security, he said.
But Garbus, Kirtley and others said a judge is required to articulate why he is sealing documents and proceedings.
"The basic U.S. Supreme Court rule is that court hearings are open and court pleadings are public," said lawyer Ken Kraus, who teaches media law at DePaul.
Albert Alschuler, a law professor at Northwestern University, noted conferences on jury instructions are often conducted privately, and that "gag orders are becoming more and more routine in highly publicized cases."
As to why Gaughan sealed court documents and plans a closed-door hearing, "You wonder if he's worried about some kind of witness intimidation," Alschuler said.