Time: Wed Jul 16 05:59:11 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id FAA26645 for [address in tool bar]; Wed, 16 Jul 1997 05:57:17 -0700 (MST) by usr09.primenet.com (8.8.5/8.8.5) with SMTP id FAA09369; Wed, 16 Jul 1997 05:55:11 -0700 (MST) Date: Wed, 16 Jul 1997 05:54:48 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Okla. Bomb Evidence Seal Upheld (fwd) <snip> > >.c The Associated Press > >DENVER (AP) - A federal appeals court rejected arguments by news >organizations that the Oklahoma City bombing judge violated the public's >right to information by sealing pretrial documents. > >U.S. District Judge Richard Matsch had sealed motions by defendant Terry >Nichols to suppress evidence and FBI reports concerning Nichols' nine-hour >statement to authorities before his arrest. He also sealed motions from >Nichols and Timothy McVeigh for separate trials. > >Nichols faces a Sept. 29 trial on murder and other counts in the April 1995 >bombing of the Alfred P. Murrah Federal Building, which killed 168 people and >injured more than 500. McVeigh was convicted last month on identical charges >and sentenced to death. > >During arguments before the 10th U.S. Circuit Court of Appeals, media >attorneys argued that Matsch used secret documents to decide McVeigh and >Nichols deserved separate trials. > >The attorneys said that violated the public's right to know and >constitutional guarantees of a free press. > >In its ruling Monday, the appeals court said the suppressed evidence, >including Nichols' statement, was not admissible at trial. > >Disclosing the information, the court said, ``would play a negative role in >the functioning of the criminal process, by exposing the public generally, as >well as potential jurors, to incriminating evidence that the law has >determined may not be used to support a conviction.'' > >The appeals court said the public and media had ample opportunity to >understand the circumstances of Nichols' statement during a four-day public >hearing. > >The court also said defense attorneys and prosecutors were very candid about >their cases under the promise the motions would be kept secret. > >The appeals court said it reviewed the still-secret documents and concluded >that ``the district court properly sealed only those portions of the >documents'' necessary. > >AP-NY-07-15-97 0825EDT > > >-> Send "subscribe snetnews " to majordomo@world.std.com >-> Posted by: Finchley@aol.com > > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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