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Supreme Court in Richmond Newspapers vs. Commonwealth. According to that ruling, written motion to close a hearing must be filed at least 24 hours in advance and notice must be given to the public of the motion for closure. At the hearing, the side moving for closure must show that failure to close the proceedings will prejudice the defendant’s right to a fair trial.
“There’s no record that any of this was done,” Luke noted.
Defense lawyers Rodney Leffler and John Dowd have repeatedly stated their position in favor of closure. Merrill, named as special prosecutor after Commonwealth’s Attorney Douglas Baumgardner disqualified himself as prosecutor, has taken no position on the issue.
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