Attorneys for the media filed documents on Thursday, July 8th with the California Second District Court of Appeal. An appeal filed was not docketed by an appellate clerk inside Santa Barbara County Superior Court Judge Rodney Melville?s office.
The appeal by news media seeking access to court motions that have been strategically placed under seal by both parties at the behest of Judge Melville went unfilled for a week by an appellate clerk in the judge?s office. The clerk stated that ?the court is not recognizing you as a party.?
Attorney Dominic Lanza, who is part of the legal team headed by Theodore Boutrous, Jr., filed the first notice of appeal on July 8th. He checked to make sure the matter had been docketed five days later.
Mr. Lanza said that it took until Thursday for the Court of Appeals to instruct the clerk that the notice of appeal should be filed.
The attorneys for the media have argued that Judge Melville has imposed extraordinary measures of secrecy in the case against Michael Jackson. The media including the Associated Press and eleven other news media organizations are suing for access to court files on behalf of the public.
?It?s clear that we have standing to appeal. So we were surprised to find out that our notice of appeal was not on the docket?, Mr. Boutrous said on Thursday.
Mr. Boutrous noted that in the hearings, ?Judge Melville has allowed us to participate fully in arguing to unseal documents. We have briefed and argued more motions than anybody."
Mr. Boutrous filed the 27-page brief on Thursday asking the appeals court for an expedited schedule stating, ?The public?s First Amendment right of access to judicial proceedings and documents is one that is exceedingly time-sensitive.?
He asked that the secrecy of issues be resolved before a major series of hearings begins on August 16th. The hearings will deal with the defense request to dismiss the indictment.
In the appeal filed, it notes that Judge Melville has ordered all documents in the case to be filed under seal for his consideration to be released later later. The judge has released only heavily edited portions of motions and search warrants and has kept secret key details of the indictment, the grand jury transcripts and the motion to change the trial date.
Mr. Boutrous does acknowledge that the judge justifies his stance on the unusual secrecy ?based on Mr. Jackson?s fame and celebrity status and the intense public and media interest in the case?, and fearful that the publicity generated might taint the jury pool and prejudice a right to a fair trial for the singer.
However, Mr. Boutrous quoted a recent appellate court decision in New York in conjunction to the Martha Stewart?s case, which said that media coverage was not a sufficient reason to close proceedings.
"In general, openness acts to protect rather than to threaten the right to a fair trial," said the decision he quoted from the 2nd U.S. Circuit Court of Appeal.
Sources: Associated Press/ MJJForum
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