Breaking: Judge Denies Defendants’ Motion to Seal Filings
Aren’t the Dog Days supposed to be slow news days as well? Apparently not.
Yesterday, Judge Brook Hedge lifted the seal on the motions regarding the plaintiff’s request to pull the defendants’ Verizon phone and email records.
The defense argued to keep them under a tight lid on privacy grounds but she ruled against.
Hedge cited emails between Price and Ward that were “already in the public domain,” and “…there is a general right of the public to inspect and copy public records.” Several of these emails had been admitted as evidence at the criminal trial but no one has had a look at them. Hedge also found that Price’s alt.com profile page was a “published advertisement.”
Unsealed are the four docs that started this skirmish on August 5. And as seen in the criminal motions, the substance is in the attachments…viewable after the jump.
In the plaintiff’s “Points and Authorities in Support”, a series of July 2006 emails between Price and Ward tell of a relationship coming apart: Ward drawing away, leaving Price “scared and upset.”
These emails, according to the plaintiffs, “may provide evidence of the Defendants’ activities and state of mind shortly before and after Mr. Wone’s murder.”
And speaking of attachments, in one email exchange, Price floats the idea of reaching out for a third via alt.com, when Zaborsky will be out of town.
Despite all of this wrangling, in yet another an odd twist, the plaintiffs have withdrawn their motion on the Verizon records so all of this is basically moot:
[Sealed August 16, 2010 and Unsealed by August 24, 2010 Order] Plaintiffs Notice of Withdrawal without Prejudice of Motion for Issuance of a Commission to Subpoena Verizon Communications, Inc. Filed Attorney: RAZI, Mr BENJAMIN J (475946) ESTATE OF ROBERT E WONE (PLAINTIFF);
What’s up with that?
Three of the four newly unsealed documents follow along with Judge Hedge’s order.
The remaining 30 page document, the plaintiff’s Points and Authorities in Support of their Motion for Issuance – the one with the defendants’ emails – will be published tomorrow. Until then, enjoy the Dog Day Document Dump.
Lastly, for those keeping score at home, Judge Hedge pushed the time of the September 10 status hearing back from 9:45 to 10:30am.
-posted by Craig
Plaintiff’s Motion for Issuance
Defendant’s Opposition to Motion of Issuance
Defendants’ Points and Authorities in Support of Opposition