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verdict, rnor to tnat proceeding, two closed pre-trial hearings were held at which a motion to dismiss charges and a motion to limit evidence were heard. Judge Home ordered transcripts of those closed hearings and related motions sealed.
In effect, the petitions presented Friday ask the Supreme Court Justices to direct Judge Horne to open to the public all portions of the record in the Kidwell case on the grounds that closure was in violations of the standards established by the court in Richmond Newspapers v. Commonwealth.
Luke notes that an appeal of the closure is also being pursued but since a new trial for Kidwell is scheduled for September 14, Arundel Communications “has no adequate remedy to protect its constitutional rights prior to trial save by this application for extraordinary relief.”
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