United States v. Dimora

862 F. Supp. 2d 697, 2012 WL 1004334, 2012 U.S. Dist. LEXIS 39381
Procedural entryThis page is a short order in United States v. Dimora. Read the opinion of the Court — 836 F. Supp. 2d 534
District Court, N.D. Ohio·Decided March 22, 2012·No. Case No. 1:10CR387·Published

Opinion

OPINION AND ORDER

SARA LIOI, District Judge.

This matter is before the Court on the written request of WKYC TV television station, filed on March 15, 2012, to release all of the exhibits admitted at trial. (Doc. No. 749.) Numerous other news organizations have made oral requests for the release of these same materials. Previously, at the end of proceedings on March 14, 2012 — the day the jury was discharged— defendant James Dimora lodged an oral objection on the record as to any such dissemination. At that time, the Court advised counsel to be prepared to address the issue and, once the request for exhibits was filed by a media source, granted the parties a short leave (until noon on March 16, 2012) to file briefs in support of or in opposition to the release. While the government has indicated it takes no position on the release of the exhibits, defendant James Dimora continues to strongly object to the immediate release of these materials,1 citing the fact that he faces a second prosecution on related charges. (See Doc. No. 754.)

1. Background

Former Cuyahoga County Commissioner James Dimora was indicted, along with former Cuyahoga County employee Michael Gabor and several other individuals, on multiple federal offenses resulting from an FBI investigation into suspected public corruption in Cuyahoga County. The indictment was one of many issued as a result of this three-year federal investigation. There has been significant public interest in these cases, with the present case receiving the most attention from the media due, in part, to the fact that Dimora was one of the two highest-ranking public officials ensnared in the FBI’s probe.

On March 9, 2012, following a 37-day trial,2 the jury returned 37 guilty verdicts [703]*703against Dimora relating to 33 of the 34 counts in which he was charged. He was acquitted by the jury on one count. The charges of which Dimora was found guilty included: RICO conspiracy, conspiracy to commit mail and wire fraud and honest services mail fraud, Hobbs Act conspiracy, bribery concerning programs receiving federal funds, tax fraud, obstruction of justice, and destruction of records. (Doc. No. 738.) Defendant Gabor was found guilty by the jury on nine charges contained in seven counts charging similar fraud and conspiracy-related offenses. He, too, was acquitted by the jury on one count. (Doc. No. 739.) After the Court scheduled the matter for a jury trial on the issue of forfeiture of property belonging to defendant Dimora, the Court was advised that the parties had reached an agreement as to forfeiture. On March 14, 2012, the Court placed the parties’ forfeiture agreement on the record and discharged the jury.

Even before the jury was discharged, the Court began to receive informal inquiries from the press regarding access, upon conclusion of the proceedings, to the over 1,200 exhibits admitted at trial. This opinion places the exhibits into seven categories: government records; private business records; financial documents; photographs and videos; miscellaneous documents, including handwritten notes seized during the execution of search warrants; summaries; and audio recordings of intercepted telephone calls and their corresponding transcripts.

II. Analysis

There can be no question that there exists a constitutional right of the public and the press to attend and observe judicial proceedings. This cherished right flows from the First Amendment rights to freedom of speech and freedom of the press, and the Sixth Amendment right to a public trial. See United States v. Beckham, 789 F.2d 401, 406-07 (6th Cir.1986) (quoting Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 576-78, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980) (“It is fundamental that the public and the press have ‘a right to be present' and the ‘rights to speak and to publish concerning what takes place at trial.’ ”)); see, e.g., Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982). As the Sixth Circuit observed in Beckham, transparency in public trials promotes:

the appearance of fairness; public confidence in the judicial'system; the discouragement of misconduct, perjury or secret bias; the enhancement of the performance of all parties; the protection of the judge from imputations of dishonesty; the education of the public; the provision of a safe outlet for public hostility and concern; the, avoidance of covert actions and secret proceedings; and equal treatment of rich and poor.

789 F.2d at 406-07.

“The requirement of a public trial is satisfied by the opportunity of members of the public and the press to attend the trial and report what they have observed.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 610, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). The constitutional right to a public trial does not, however, extend to the right of the public and the [704]*704press to inspect and copy exhibits that have been admitted during the public trial. Beckham, 789 F.2d at 409 (quoting Warner Commc’ns, 435 U.S. at 609, 98 S.Ct. 1306). Such a right finds its origins in the “general, common-law right to inspect and copy public records and documents,” id. (citing Warner Commc’ns, 435 U.S. at 597, 98 S.Ct. 1306), and must, at times, give way to other considerations.

A. The Constitutional Right to a Public Trial

In this case, the Court took extraordinary measures to ensure that both the public and the press enjoyed their right to a public trial.3 With respect to the press, the Court reserved seating in the courtroom for members of the media, where reporters were permitted to take notes and prepare sketches of the proceedings.4 Members of the press were also provided a second room where they were permitted to view the proceedings via a live, closed circuit audiovisual feed. This room was reserved exclusively for credentialed members of the media; those taking advantage of this media room were permitted to use electronic communication and data entry devices in the room.5 {See Courtroom Decorum and Media Order, Doc. No. 601.)6 Moreover, even after the jury retired to deliberate on the afternoon of March 8, 2012, members of the media were permitted to remain in the media room to await a verdict or any questions from the jury. As such, this room remained available to the media through March 14, 2012, when the jury was discharged.

The Court also made arrangements for additional seating for the public. While the public was permitted to view the proceedings from the courtroom, those wishing to observe also had the option of watching the trial from an overflow room. As was the case with the media room, a live, closed circuit audiovisual feed was piped into the overflow room. {Id.) Additionally, the Court kept the public and the press updated as to the Court’s calendar7

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United States v. Dimora, 862 F. Supp. 2d 697, 2012 WL 1004334, 2012 U.S. Dist. LEXIS 39381 (N.D. Ohio 2012).

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