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Judge
Takes Rap for Private Sentencing
Carl Campanile
New York Post
January 25, 2005
A federal appeals court
chastised a Manhattan judge yesterday for secretly sentencing a pair
of convicted drug peddlers.
The court said it was
illegal for federal Judge Shirley Wohl Kram to sentence the
defendants in chambers "because the public and press have a
qualified First Amendment right of access to plea and sentencing
proceedings."
Kram was ordered to
resentence Carlos Goiry and Luz Marina Muņoz in her public
courtroom.
The appeals court made a
similar ruling in the Martha Stewart case after Judge Miriam Goldman
Cederbaum sought to bar the press from observing the questioning of
potential jurors.
Court
Slams Her Closed-door Justice
Robert Gearty
New York Daily News
January 25, 2005
The U.S. Court of Appeals
slapped a Manhattan judge yesterday for holding criminal proceedings
"behind closed doors" in her robing room - and not in the courtroom.
The court enacted its
rarely used supervisory powers to overturn a guilty plea and a
sentencing decision in two drug conspiracy cases handled by
Manhattan Federal Court Judge Shirley Wohl Kram.
"Holding these significant
criminal proceedings behind closed doors - without notice to the
public or any statement of reasons for the closure - is inconsistent
with our open system of justice," the Second Circuit ruling stated.
Kram had no comment
yesterday about the high court's decision.
Prosecutors had argued that
holding such proceedings in the robing room was "in accordance with
Judge Kram's customary practice."
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