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matters and matters occurring before the grand jury which had no bearing on the issue of guilt or innocence of Diane Kidwell. The court, after hearing all of the facts and arguments of counsel for both sides, found that the matters of privilege, the matters occurring before the grand jury and the Constitutional due process rights of Diane Kidwell were paramount to the right of your newspaper to obtain the information under the seal of the court. There is nothing suspicious or sinister in Judge Horne’s ruling. He simply found from the facts before him that those matters before him ‘ and presented to him under seal dictated his protective order. The first trial, which was fair and open, amply demonstrated the prudence and wisdom of his ruling.
It would be a gross injustice to the Commonwealth of Virginia and Diane Kidwell to promote suspicion and prejudice simply because your interests did not prevail under certain paramount Constitutional and privileged interests. In a Constitutional democracy, we have discovered th*t no one has an absolute right. All of our rights and privileges have to be considered and weighed under the peculiar circumstances presented to the court in each case. It is not uncommon, unusual or cause for suspicion that a court finds that a privilege, grand jury secrecy or the due process rights of a defendant in a serious criminal case are paramount to the desires of the newspaper for disclosure.
Thank you fyr the opportunity to present and express these views.
JOHN M. DOWD Washington, D.C.
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