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United States v. Berger

Citations: 990 F. Supp. 1054; 26 Media L. Rep. (BNA) 1405; 1998 U.S. Dist. LEXIS 323; 1998 WL 15835Docket: 96-30036

Court: District Court, C.D. Illinois; January 16, 1998; Federal District Court

Narrative Opinion Summary

The case involves a defendant charged with multiple counts of mail fraud and misapplication of government property. During the trial, a juror's illness necessitated a recess, coinciding with the Illinois Governor's trade mission to India. The parties agreed to videotape the Governor's deposition under Federal Rule of Criminal Procedure 15(a) to facilitate its use at the trial. The media's request for access to the deposition was denied until it was presented to the jury. Following the videotape's presentation, the Governor's counsel sought to reseal it, but the court decided that public access should be permitted, emphasizing the videotape's resemblance to judicial records rather than a camera ban under Rule 53. The court found no substantial prejudice to the defendant or violation of constitutional rights. Despite objections from the Governor and a belated request for a stay, the court upheld the strong presumption of public access, as established by the Second and Seventh Circuits. The court stressed that any delay in access could infringe First Amendment rights, leading to the denial of the motions to reseal the videotape. The decision reflects a commitment to transparency and the public's right to access court evidence.

Legal Issues Addressed

Defendant's Rights and Prejudice

Application: The court concluded there was no substantial threat to the defendant's constitutional rights or compelling higher values that would counter the public's right to access the videotape.

Reasoning: Regarding the potential prejudice to the defendant, the court finds no substantial threat to constitutional rights or compelling higher values that would counter the public's right to access.

Federal Rule of Criminal Procedure 53

Application: The court found that releasing the deposition videotape did not violate Rule 53, as the videotape was not equivalent to a courtroom camera and was akin to other evidentiary recordings.

Reasoning: Thus, the court asserts that allowing public access to the videotape of the Governor's deposition does not violate Federal Rule of Criminal Procedure 53.

Presumption of Public Access

Application: The court emphasized a strong presumption in favor of public access to the videotape, which was not successfully challenged, thus denying the motions to keep it sealed.

Reasoning: The presumption of access can only be rebutted by demonstrating that suppression is essential for preserving higher values; however, in this case, the presumption remains strong and has not been successfully challenged.

Public Access to Judicial Records

Application: The court determined that the videotape of the Governor's deposition should be accessible to the public, as it aligns with judicial records rather than a camera ban, supporting the public's right to access.

Reasoning: The court concludes the videotape aligns more with judicial records than a camera ban, noting no live broadcasts occurred during the deposition.

Role of the Court in Media Reporting

Application: The court noted that it is not responsible for ensuring accurate media reporting or preventing public misinformation, focusing instead on the defendant's constitutional rights.

Reasoning: The Seventh Circuit has indicated that the trial judge's responsibility does not include ensuring accurate media reporting or preventing public misinformation.