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As the basis for denying access to the public and the press (a rule in effect even during the time alloted to Luke’s motion), Judge Horne said pre-trial hearings are exempt from requirements for open proceedings, testimony on the motions covered the secret deliberations of the special grand jury and therefore should not be presented in open court and testimony would relate to other "privileged information.”
Luke entered his objection into the record.
During Friday’s closeddoor proceedings, the colirt heard testimony from two witnesses subpoenaed by the defense: Baumgardner and David Konick, attorney for Kidwell until his replacement by Dowd and Leffler after her indictment.
In addition to holding Friday’s proceedings behind closed doors, Judge Home sealed portions of the case file. There is no record of pleadings filed by the defense, no public record of the grounds on which Leffler and Dowd reportedly sought to have charges against their client dismissed, no public record of the motion to close the pre-trial conference.
Currently, the only documents in the file and available for public inspection are copies of the grand jury in(Continued
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