Good morning. Kelli Sager on behalf of the nonparty media organizations.
Our argument has been set forth in the motion. I don't want to take up more of the Court's time than is necessary.
We have not received any opposition from any of the parties. I presume that none has been filed with the Court. The motion is pretty straightforward.
The blank questionnaires, it was our understanding, would be released as soon as the jury was impaneled. That has not yet been done. We ask the Court to do that immediately; and the questionnaires that have already been filled out by jurors that were subjected to oral voir dire that are the controlling cases in Copley and Lesher and Press-Enterprise, which are quoted in our papers, we believe, should also be released under the First Amendment.
We're not asking for identifying information such as names, addresses, phone numbers, Social Security numbers, but all other information in those questionnaires is considered part of the voir dire process which is subject to the First Amendment Right of Access.
And since there have been no findings of any compelling interest justifying closure order, we think there wouldn't be any blanket order closure of the sort that is now in effect, we ask that it be immediately released redacted version of those questionnaires that the jurors identifying numbers, but no other name identifying information on these.
I'm happy too answer any questions the Court has or if any opposition is going to be presented at hearing; otherwise, we will not take up any more of the Court's time.
The blank questionnaires are ordered released. The questionnaires of all jurors who are not seated in the jury panel, either as jurors or alternate jurors, are ordered released.
The questionnaires with regards to the jurors sitting in the jury panel or as alternate jurors, they are ordered not released until the conclusion of this program.
Court's inspection of the questionnaires convinces the Court that there are numerous references from which the identity of the jurors can be obtained by various investigative procedures which the press has, in the past, undertaken to find out the identity of prospective jurors.
My information is that, on prior cases, the jurors' identities have been sought out and have been discovered in other cases without very much investigation, based upon the curiosity of the press. And the Court feels that the information in the questionnaires at various points reveals such things as place of employment, names of persons who are -- whose names are included in response to various portions of the questionnaires, would easily link to the identification of the jurors.
The jurors are not sequestered. It is important that the identity of the jurors remain anonymous and not be revealed, because the Court is concerned that the extensive efforts made by the press to pursue persons who are involved in this case, whether they be parties, witnesses, jurors or anybody else, has been extensive, or has itself experienced the intrusiveness of this.
The Court is satisfied that it's necessary to protect the identity and anonymity of the jurors throughout this trial, so that they will not be affected by any pressures exerted by the media upon themselves and their names families' places of employment.
Jurors are concerned that they are being pressured by people at their places of employment, by family members -- pressure placed upon family members by co-workers, and I think there is a supreme interest to be preserved until this case is completed.
Your Honor, if I could ask one question: Does the Court find that there is no portion of any of the questionnaires that could be released without identifying the jurors, or any identification of jurors?
I think the questions and answers are so inextricably intertwined, that for the Court to spend its time going through 20 -- actually 60 questionnaires, when I'm trying to get this case done is, I think, a little excessive. So the motion to that extent is denied on those grounds.
KEY QUOTEMy information is that, on prior cases, the jurors' identities have been sought out and have been discovered in other cases without very much investigation, based upon the curiosity of the press.
The jurors are not sequestered. It is important that the identity of the jurors remain anonymous and not be revealed, because the Court is concerned that the extensive efforts made by the press to pursue persons who are involved in this case, whether they be parties, witnesses, jurors or anybody else, has been extensive.
I think the questions and answers are so inextricably intertwined, that for the Court to spend its time going through 20 -- actually 60 questionnaires, when I'm trying to get this case done is, I think, a little excessive.
We're not asking for identifying information such as names, addresses, phone numbers, Social Security numbers, but all other information in those questionnaires is considered part of the voir dire process which is subject to the First Amendment Right of Access.