Saturday, June 8, 2019


ART MCDONALD, ALWAYS ON THE WRONG SIDE OF THE APPEARANCE OF JUSTICE
THE CASE OF RENE OLIVIERA

Ed Stapleton is Rene Oliviera's attorney.  Ed Stapleton is known for  swinging at the stars and hoping for a stupid or just "I do not give a fuck judge."  Remember in the case of Bob Henrick he tried to get the child porn charges dismissed on an argument that in Brownsville it is our community standard to look at child pornography.  That argument was a low for even the most corrupt and/or inept attorneys.

So now Judge McDonald dutifully does his job of playing games and seals the record on Rene Oliviera's alcohol content.  As I will show you in a very live case, Chief Justice Roberts has a few select words for McDonald on the people's right to know.

Now because the information goes to his guilt in very rare cases with a proper record it may be possible to keep sealed evidence of innocence or guilt until the trial.  But it is basically unheard of.

From the Herald:

"Merchant entered the alcohol and drug results as exhibits during the hearing, but McDonald sealed them at Stapleton’s request. The defense attorney asked McDonald to seal those results to protect Oliveira’s privacy. Merchant said he was not opposed to the results being sealed"

FROM NPR

"It is rare for the Supreme Court to allow such deletions, and on Friday, the Reporters Committee for Freedom of the Press and NPR filed a motion with the Supreme Court requesting it unseal the material that was blocked from public view."

A ruling on this could come this week.

CHIEF JUSTICE ROBERTS ON THE ISSUE and REPORTER'S COMMITTEE

"In 2018, Chief Justice John Roberts called the judiciary “the most transparent branch in government.” And the Supreme Court has long upheld the right of access to a wide range of judicial proceedings and records, because, as the court has put it, the constitutional right of access “enhances the quality and safeguards the integrity of the fact finding process” and allows “the public to participate in and serve as a check upon the judicial process — an essential component in our structure of self-government.”

The court has also said that court proceedings cannot be closed “unless specific, on the record findings are made demonstrating that closure is essential to preserve higher values,” and that the closure is “narrowly tailored to serve that interest.”
There were no such findings made by any of the lower courts. Instead, Price’s lawyers said they had to agree to Alabama’s demand that the record be closed in order to get Price’s claim heard by the appellate courts and ultimately get the case up to Supreme Court."
Will any of this impact Rene's case?  No.  McDonald simply will not are about what ever the Supreme Court says on the issue.



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