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Page 3 · column 5 of 9 · from the scan, no model involved
weaknesses pointed out, Luke added.
Noting that he had expressed reservations on the closure of the February 25 hearing, prosecutor Steven Merrill said he didn’t know how to resolve the conflict between the public’s right to know and the defendant’s right to a fair trial. He suggested that the court separate the grand jury report and testimony given “strictly before the grand jury” and open the rest of the record. “The court would have to cull through (the no sealed portion) because it made portions of the grand jury’s report part of the record,” Merrill added.
“It’s very difficult to make an effective argument against Mr. Luke because of the court’s sanctions on me,” said John Dowd, half of Kidwell’s defense team. He noted that the record is clear that both the prosecution and the defense agreed to the closure. “The peculiar facts require that, not only to protect the rights of Mrs. Kidwell but certain privileged information and the rights of innocent parties,” he maintained.
As Kidwell’s advocate,
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