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http://sports.espn.go.com/espn/wire?section=nba&id=1744159
DENVER -- Chiding prosecutors for being too secretive, the judge in
the Kobe Bryant sexual assault case said Wednesday the public should
be able to see at least the titles of all documents filed.
State District Judge Terry Ruckriegle said state law specifically
requires public access to a register showing the general nature of
documents filed in a criminal case.
A redacted register, with some words blacked out, will be posted on
the state court Web site where other Bryant-related documents are
available. Ruckriegle said the list will be updated weekly.
Attorneys for media organizations including The Associated Press had
asked Ruckriegle last month for access to that information. The
existence of some documents was unknown until Jan. 26, when a defense
document referred to a sealed filing by prosecutors.
Defense attorney Hal Haddon had argued against giving the public
access to the full list of filings, saying secret documents needed to
be referred to only as "sealed document." Prosecutors said they had no
objection to releasing a full list of documents.
Ruckriegle said state law specifically provides for the public release
of such a list.
"Failure to reference the nature of the documents precludes or
unnecessarily complicates any meaningful opportunity for public or
media review or challenge," Ruckriegle said. "Although specific
factual assertions may be prejudicial, general identification of the
contested issues is typically not prejudicial and is necessary for an
informed public."
Ruckriegle said he was particularly concerned about prosecutors' "lack
of compliance" with his order denying their request to file under seal
any documents mentioning evidence or potential evidence.
"It appears to the court that many of the documents could have been
filed as a public motion with a sealed offer of proof as ordered or
could also have been submitted in redacted form for public
distribution," he said.
Ruckriegle said no documents can be filed secretly without either a
public request to the judge, or by simultaneously filing a redacted
version for public view.
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