United States v. McCraney

99 F. Supp. 3d 651, 2015 WL 1738091
CourtDistrict Court, E.D. Texas
DecidedApril 13, 2015
DocketCIVIL ACTION Nos. 1:14-cr-1, 1:14-cr-80, 1:14-cr-93
StatusPublished
Cited by2 cases

This text of 99 F. Supp. 3d 651 (United States v. McCraney) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McCraney, 99 F. Supp. 3d 651, 2015 WL 1738091 (E.D. Tex. 2015).

Opinion

MEMORANDUM ORDER REQUIRING UNSEALING OF DOCUMENTS

RON CLARK, District Judge

Six Defendants pled guilty to crimes committed in connection with their association with the Beaumont Independent School District (“BISD”). Before the court is a request to unseal the Factual Basis and Stipulation1 contained in the files of three Defendants and to unseal the Plea Agreements of all six Defendants. The court has considered the evidence and arguments and holds that: (1) each Factual Basis shall be unsealed; (2) disclosure of information that would allow identification of defendants who agree to cooperate in exchange for an opportunity to receive a downward departure poses a substantial risk to those defendants and to others, and there is an overriding interest in preventing the disclosure of that information, so that information shall remain sealed; and (3) all other information in the plea agreements shall be unsealed.

I. BACKGROUND

After a lengthy and heavily publicized investigation into allegations of misallocation and misappropriation of funds by administrators, employees, and volunteers of BISD, five Defendants pled guilty to fraud or conspiracy to commit fraud upon programs receiving federal funds, and one Defendant pled guilty to wire fraud. After the Defendants signed their plea agreements, each plea agreement was filed under seal. Additionally, the Factual Bases of three Defendants were filed under seal.

A reporter for a local newspaper asked a deputy in the Clerk’s Office for copies of these documents and was informed that they were sealed. An attorney for the newspaper wrote to the court asking that they be unsealed. The cases had been assigned under the random selection plan of the District to the undersigned and to the Honorable Marcia A. Crone, United States District Judge. Some of the pleas had been taken by different Magistrate Judges. With the agreement of Judge Crone, the undersigned sua sponte set a hearing to determine whether all or a part of the documents should be unsealed. Notice was provided to the United States Attorney’s Office, the Office of the Public Defender, counsel for the five Defendants not represented by the Public Defender, and counsel for the newspaper, who submitted an extensive letter brief. All par-1 ticipated in the hearing, except for counsel for Defendant Allison, who neither appeared nor contacted the court with a reason for his absence.2 The Court allowed another local media outlet to file an amicus brief in support of unsealing the information.

Three witnesses testified at the hearing and cross-examination was allowed. The Government, defense counsel who were present, and counsel for the newspaper, stated their respective positions and arguments.

[654]*654II. DISCUSSION

A. With Narrowly Drawn Exceptions, the Law Favors Public Access to Judicial Records.

The public has a common-law and First Amendment right to inspect and copy judicial records. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980); Nixon v. Warner Comm’ns, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). The public’s access to judicial Records “serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness.” S.E.C. v. Van Waeyenberghe, 990 F.2d 845, 849 (5th Cir.1993) (internal citations and quotations omitted). First 'Amendment access is rooted in transparency. See Richmond Newspapers, 448 U.S. at 572, 100 S.Ct. 2814 (“People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.”). The right of access extends to all phases and records of criminal proceedings. Id. at 580, 100 S.Ct. 2814 (noting the public right of access to trials); Press-Enter. v. Superior Court of Cal., 464 U.S. 501, 508, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) (Press-Enterprise I) (noting the public right of access to voir dire); Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.'2d 31 (1984) (noting the public right of access to suppression hearings); Press-Enter. v. Superior Court of Cal. for Cnty. of Riverside, (Press-Enterprise II), 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986) (noting the public right of access to preliminary hearings).

The First Amendment right of public access is a very strong presumption; it is not an absolute rule. See, e.g., Press-Enterprise I, 464 U.S. at 508, 104 S.Ct. 819. The presumption of openness may be overcome by an overriding interest based on findings that sealing is essential to preserve higher values and is narrowly tailored to serve that interest. Id. at 510, 104 S.Ct. 819.

Courts have delineated narrow circumstances in which an overriding privacy interest outweighs the presumption of public access to judicial records. See, e.g., id. at 511, 104 S.Ct. 819 (noting that the jury selection process sometimes gives rise to a compelling 'interest of a prospective juror when interrogation touches on deeply personal matters that the person has legitimate reasons for keeping out of the public eye).

Similarly, courts have noted safety concerns as overriding interests that outweigh the presumption of public access to judicial records. See, e.g., Presley v. Georgia, 558 U.S. 209, 130 S.Ct. 721, 725, 175 L.Ed.2d 675 (2010) (noting that there are circumstances where a judge could conclude that threats of improper communications with jurors or safety concerns are concrete enough to warrant closing voir dire); United States v. Haller, 837 F.2d 84, 85-89 (2d Cir.1988) (holding that it was improper to seal an entire plea agreement but proper to redact one paragraph with cooperation language to ensure the safety of a defendant who had agreed to testify before a grand jury). Before sealing judicial records, a court must identify the interest that overrides the public’s right to an open court, and articulate supporting findings specific enough that a reviewing court can determine whether the order was properly entered. See Press-Enterprise I, 464 U.S. at 510, 104 S.Ct. 819.

B. Disclosing the Identity of Informants Endangers the Safety and Lives of Informants and Officers.

At the hearing, Mr. Malcolm Bales, United States Attorney for the Eastern [655]

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99 F. Supp. 3d 651, 2015 WL 1738091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccraney-txed-2015.