3 news outlets join fight to unseal Yale murder case files

The Associated Press, New Haven (Conn.) Register and The New York Times have added their support to The Hartford (Conn.) Courant in its bid to gain access to sealed court documents in the case against alleged murderer Raymond Clark III, according to the Courant.

Clark is charged with killing Annie Le, a third-year doctoral student at Yale University from Placerville, Calif., and stuffing her body in a wall in a campus research laboratory where they both worked.

Paul R. Guggina, a Hartford-based lawyer representing the news outlets, argued in Connecticut Superior Court Oct. 20 that the sealed documents should be made public because of the constitutional right to a free press, and because release of the documents should overshadow fears that a jury could be influenced by widespread trial publicity, according to Associated Press.

The documents being sought include search warrant affidavits and an arrest warrant affidavit that contain details about evidence sought for a search of Clark’s Middletown, Conn., apartment, the Courant reported.

Judge Roland Fasano said at the Oct. 20 hearing that the documents would stay sealed for at least two more weeks while he decided whether to unseal the documents in part or whole, according to the New Haven (Conn.) Independent.

The prosecution requested sealing of the documents Sept. 17, the day of Clark’s arrest, and Fasano granted a 14-day seal.

Public defenders Beth A. Merkin and Joseph E. Lopez, representing Clark, requested Sept. 24 that the documents stay sealed on the grounds that Clark could not receive a fair trial if the records became public. Fasano granted the request.


Worcester police info snub of local daily quickly reversed

The Worcester (Mass.) Police Department revised its press policy Oct. 19 to exclude the Telegram & Gazette of Worcester only to reverse the policy a day later, according to the Telegram & Gazette.

According to an Oct. 19 Worcester police press statement signed by Police Chief Gary J. Gemme and Sgt. Kerry F. Hazelhurst, the department was to make local radio and television stations the priority when providing public information. On Oct. 20, Gemme told the Telegram & Gazette that the statement was not a change in policy and that it only established that all press inquiries would now be directed to Hazelhurst.

At an Oct. 20 Worcester City Council meeting, Gemme said he criticized the Telegram & Gazette in an effort to motivate members of his department, according to the Telegram & Gazette.

Gemme’s original statement about police-press relations was made the day after an Oct. 18 Telegram & Gazette story critical of the Worcester Police Department’s application of a Massachusetts law that awards law enforcement officers bonuses for earning academic degrees. The story said that more than 100 Worcester police officers’ bonus-qualifying master’s degrees were of doubtful educational merit. Those degrees came from colleges that failed to meet basic academic standards in 2001, according to the Telegram & Gazette. The Oct. 20 police statement said the Telegram & Gazette focused more on “hyperbole over reality,” the Telegram & Gazette reported.

City Manager Michael V. O’Brien said at the City Council meeting that Worcester police would treat all news outlets equally in disseminating information, but he was also critical of the lack of coverage in the Telegram & Gazette of two incidents the weekend of Oct. 17-18, according to the Telegram & Gazette.

In an Oct. 25 Telegram & Gazette editorial, it was reported that a Telegram & Gazette reporter requested information on the incidents on the morning of Oct. 18. The reporter did not receive the information until Oct. 21, although local television and radio had already reported on the incidents, based on police information.

The flap over police dealings with the Telegram & Gazette is the most recent incident involving friction between the police and the Telegram & Gazette, according to the newspaper. The paper is involved in litigation with the Police Department for its refusal to release documents about alleged misconduct by Police Officer Mark A. Rojas, according to the Telegram & Gazette. The Telegram & Gazette also published a story Sept. 9 about Chief Gemme’s brother, Police Officer Alan W. Gemme, and his substantial overtime pay as a department mechanic.


Maine moves to repeal law nixing minors’ health info

A committee of the Maine legislature voted Oct. 16 to recommend repeal of a Maine law initially opposed by the Maine Press Association and other free-speech advocates that prohibits the collection and publication of health-related information for people under age 18, according to mediapost.com.

The law, enacted Sept. 12, prohibits newspapers from publishing the names of minors under certain circumstances, according to mediapost.com.

Margaret Reinsch, lawyer for the committee, said at the Oct. 16 vote that the Act to Prevent Predatory Marketing Practices against Minors is unconstitutional in that it violates the First Amendment, according to mediapost.com. The law prohibits Maine teens who do not have parental permission from providing their medical information on some informational social networking Web sites, such as something-fishy.com, which offers support and counsel for people with eating disorders. The company that hosts the Web site is technically in violation of the Maine law.

The federal Children’s Online Privacy Protection Act already restricts companies from collecting medical information about children under 13.

The Maine Independent Colleges Association and NetChoice are among those that opposed the Maine law.

Maine Attorney General Janet Mills said Sept. 9 that the law violates the First Amendment and said she would not enforce it.

Reinsch said lawmakers in Maine are committed to refining the language of the law to make it more specific about the collection of minors’ health-related information, according to mediapost.com.


Search warrants, affidavits unsealed in Letterman case

Norwalk, Conn., Superior Court Judge Bruce Hudock sided with arguments by The Associated Press and The New York Post when he unsealed search warrants and affidavits Oct. 15 in the case against a CBS television news producer, Robert J. “Joe” Halderman, the AP reported. Halderman is charged with extortion for trying to blackmail television star David Letterman.

The documents, including search warrants for Halderman’s house and car, reveal that Halderman attempted to extort $2 million from Letterman by threatening to expose an affair he had with “Late Show” staff member Stephanie Birkitt, according to the Post. Letterman’s lawyer, James Jackoway, sent Halderman a check for that amount, which he received Sept. 30. The next day, Halderman was arrested in New York City and charged with blackmail, according to the Post.

The prosecution in the case against Halderman had originally requested that the documents stay sealed because they could deter witnesses from testifying, AP reported.

The warrants were released with several names and anything construed as witness-identifying information blacked out, per Hudock’s Oct. 15 ruling.


The items above were written, at least in part, from published reports by Bret Silverberg, a graduate student at the Northeastern University School of Journalism and member of the Bulletin staff.

 


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