State v. Davis

834 A.2d 805, 48 Conn. Supp. 147, 2003 Conn. Super. LEXIS 1936
CourtConnecticut Superior Court
DecidedJune 26, 2003
DocketFile No. CR-03 0119499
StatusPublished
Cited by1 cases

This text of 834 A.2d 805 (State v. Davis) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 834 A.2d 805, 48 Conn. Supp. 147, 2003 Conn. Super. LEXIS 1936 (Colo. Ct. App. 2003).

Opinion

FOLEY, J.

The court is presented with a motion by the defendant, Jefferson B. Davis, to continue the sealing order of an arrest warrant affidavit. The defendant [148]*148is a Connecticut state representative who has been charged with sexual assault and risk of injury to a young male child, who was placed in his care by the department of children and families (department). The motion is brought pursuant to the existing Practice Book § 42-49,1 which will be changed as of July [149]*1491, 2003.2 In order to meet the spirit of the new rules [150]*150and yet simultaneously comply with the existing Practice Book section, this court, upon receiving the motion, ordered notice of this assignment, the time, date and place of the hearing to be posted outside the clerk of the court’s office as is required under the new rule. See Practice Book § 42-49A (e).3 The court will apply [151]*151existing Practice Book § 42-49 together with existing interpretations of the first, fifth, sixth and fourteenth amendments to the United States constitution and article first, §§ 4, 5, 8, 9, and 20, of the constitution of Connecticut.

At the commencement of the hearing, a motion to intervene was filed by the New London Day, a newspaper circulating within eastern Connecticut. The motion [152]*152was granted without objection, and counsel for the newspaper presented argument in opposition to the granting of any order sealing the affidavit.

The court is mindful of the holding of the United States Supreme Court in Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S. Ct. 2814, 65 L. Ed. 2d 973 (1980), that the public and the press have a first amendment right of access to criminal trials. The right of public access to court documents is not absolute, and the decision whether to allow public access is within the sound discretion of the trial court in light of the facts and circumstances of the particular case. See Nixon v. Warner Communications, Inc., 435 U.S. 589, 98 S. Ct. 1306, 55 L. Ed. 2d 570 (1978). An affidavit in support of an arrest warrant is necessary and relevant to the performance of the judicial function and, accordingly, is a judicial record. The court is aware of the strong presumption in favor of public inspection and copying of such documents. This right is, however, a qualified right.

In order to seal or limit disclosure of the arrest warrant affidavit, the party seeking to prevent public inspection must advance an overriding protected interest that is likely to be prejudiced. In the present case, the defendant maintains that certain paragraphs in the arrest warrant affidavit contain highly inflammatory and prejudicial information, which, if made generally available to the public, would jeopardize the defendant’s ability to obtain a fair and impartial jury within the judicial district of Windham. See Waller v. Georgia, 467 U.S. 39, 104 S. Ct. 2210, 81 L. Ed. 2d 31 (1984); State v. Kelly, 208 Conn. 365, 545 A.2d 1048 (1988). Conclusory statements that the defendant’s right to an impartial jury will be prejudiced are not sufficient to overcome the right of public access. State v. Kelly, 45 Conn. App. 142, 147, 695 A.2d 1 (1997) There must be [153]*153some compelling demonstration that irreparable damage to a fair trial will likely result from a public disclosure of the information. Such a determination requires specific findings by the court.

The federal courts have indicated that the preferred and most effective means of assuring the defendant a fair trial are best preserved through use of the voir dire. United States v. Martin, 746 F.2d. 964, 973-74 (3d Cir. 1984); In re National Broadcasting Co., 653 F.2d 609, 617 (D.C. Cir. 1981); United States v. Criden, 648 F.2d 814, 827-28 (3d Cir. 1981).

The court is aware that safeguarding the physical and psychological well-being of a minor victim of a sexual assault may constitute a compelling interest to seal an affidavit. Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 606-607, 102 S. Ct. 2613, 73 L. Ed. 2d 248 (1982). This will be a consideration made by the court.

If the defendant is able to demonstrate a compelling case that his opportunity for a fair trial will be jeopardized by the disclosure of the information in the affidavit, the court must next consider how the affidavit can be sealed in a fashion that is as narrow as possible to protect the defendant’s compelling interest. The court must also consider if there are alternatives to the sealing of the affidavit and, lastly, the court must make findings adequate to articulate the reasons for the sealing order. This process is done on a case-by-case basis. “[F]or a case-by-case approach to be meaningful, representatives of the press and general public ‘must be given an opportunity to be heard on the question of their exclusion.’ ” Id., 609 n. 25, quoting Gannett Co. v. DePas-quale, 443 U.S. 368, 401, 99 S. Ct. 2898, 61 L. Ed. 2d 608 (1979), (Powell, J., concurring).

The court has considered the following factors. The defendant has sought the sealing order. The requested relief seeks to seal seventeen out of seventy paragraphs [154]*154contained in the affidavit. Those seventeen paragraphs include virtually all of the detail that supports the charges. The nature of the charges, sexual assault and risk of injury to a minor child, are very serious criminal charges. The defendant is presumed to be innocent of these charges. The public interest in the openness of judicial proceedings and the public confidence such openness engenders are important considerations in passing upon a request to seal. The arrest warrant affidavit is very detailed in its description of the allegations. The court is aware of coverage of the defendant’s case as reported in The Hartford Courant, the New London Day and the Norwich Bulletin, as well as television coverage.

The arrest warrant affidavit contains information that can be generally described as follows: (a) information developed through police investigation; (b) statements in the nature of hearsay made by the present guardians, some of which may be admissible at trial and some of which would normally not be admissible at trial; (c) statements made by the victim that would be admissible at trial; (d) information from the department’s records that may be subject to privilege; and (e) inculpatory statements made by the defendant to the police that may be admissible as declarations against his penal interests.

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Cite This Page — Counsel Stack

Bluebook (online)
834 A.2d 805, 48 Conn. Supp. 147, 2003 Conn. Super. LEXIS 1936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-connsuperct-2003.