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News (Media Awareness Project) - US CA: Newspaper Lawyer Fights To Open Closed Hearings
Title:US CA: Newspaper Lawyer Fights To Open Closed Hearings
Published On:1999-08-03
Source:San Jose Mercury News (CA)
Fetched On:2008-09-06 00:36:30
NEWSPAPER LAWYER FIGHTS TO OPEN CLOSED HEARINGS

SANTA CRUZ -- Lawyers representing the Mercury News are asking a judge
and the Santa Cruz County Board of Supervisors to open to the public
two closed hearings on a contempt-of-court allegation against the
Santa Cruz County Sentinel.

Closed are a hearing today, when the supervisors are to decide what
role, if any, the county counsel should have in prosecuting the
contempt of court case, and a court hearing Wednesday on the contempt
charge.

Judge Katherine Akao initiated contempt-of-court proceedings against
the Sentinel, its reporter Robin Musitelli and a man who accused Child
Protective Services of lying to take his baby away from him. She
alleged that the Sentinel, its reporter and the source of a June 24
article violated the confidentiality of a juvenile court case.

The article reported that Mark Mendez claimed Child Protective
Services employees lied in papers filed with the court that say
Mendez's baby was addicted to heroin and was receiving morphine shots.
CPS later agreed the child was addicted to methadone, not heroin, and
was receiving morphine in drops, not shots, Musitelli wrote.

Though Mendez and Musitelli are adults, Superior Court Judge Sam
Stevens ruled last week that because the proceedings will involve
confidential juvenile matters, the contempt hearing Wednesday will be
closed to the public.

Mercury News attorney Ed Davis will ask that the ruling be rescinded,
and has sent a letter saying the supervisors' closed hearing would be
against the law.
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