Wednesday, January 26, 2011

Judge has second thoughts about her decision

U.S. District Court Judge Kathleen Cardone on Tuesday agreed to reconsider her decision to throw out the testimony of Gilberto Abascal, a star witness in the case of Luis Posada Carriles.
The court record - what's available to the public, at least - doesn't make clear what happened. It simply says:
Text Order GRANTING 589 Motion for Reconsideration as to Luis Posada Carriles. For the reasons set forth in the record on January 25, 2011, the government's motion is granted. Entered by Judge Kathleen Cardone.
Since the trial began on Jan. 11, at least 11 new documents and other items have been sealed in the case. These include:
  • four documents
  • three motions
  • two exhibits
  • one order
  • one proposed order
There are another 11 minute entry documents - part of the official record containing details about what's going on in court - that aren't available in the electronic records.
Courts are allowed to seal documents to safeguard national security and protect the rights of defendants. I wonder if all the sealed files in this case - which amount to hundreds of documents and thousands of pages since the 2007 - should have been shielded from the public.

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