12 N.E.3d 1165
Mass. App. Ct.2014Background
- Indictment for criminal offenses returned in 2005; trial occurred in 2007 with pretrial motions first.
- Defendant Riley argued his sister Ayges was barred from the courtroom during pretrial proceedings, violating the Sixth Amendment public trial right.
- Motion for new trial filed after trial; affirmed denial after evidentiary hearing and detailed findings.
- Judge found Ayges was turned away before the pretrial motion hearing began; courtroom was not in session.
- Record showed witnesses and others present during pretrial motions; defendant was in custody; no reporter present when sister observed.
- Court held that even if public trial right attached, relief did not require a new trial; possibilities include public hearing or transcript release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial exclusion violated the Sixth Amendment public trial right | Riley claims right attaches and was violated by exclusion | Court was not in session; no attachment to pretrial proceedings | Not necessary to decide; even if attached, no new trial warranted |
| If violation occurred, is a new trial the proper remedy | New trial appropriate remedy for public trial violation | New trial not the sole or required remedy | Remedies may include a new public hearing or transcript release; not a windfall |
| Whether the court's finding that the court was not in session was supported | Testimony shows judge on bench; closure occurred during session | Pretrial discussions were administrative; not in session | Findings supported; discussion was pre-hearing/administrative, not during an in-session proceeding |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (1984) (public trial rights apply to certain pretrial proceedings)
- Presley v. Georgia, 558 U.S. 209 (2010) (public trial rights extend to certain pretrial proceedings)
- Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986) (framework for evaluating closure of hearings)
- Commonwealth v. Martin, 417 Mass. 187 (1994) (four-factor test for closure and remedies)
- Commonwealth v. Cohen (No. 1), 456 Mass. 94 (2010) (public trial right and remedies for closure)
- Commonwealth v. Rosario, 460 Mass. 181 (2011) (standards for reviewing post-hearing findings on trial rights)
- Walker v. Commonwealth, 443 Mass. 213 (2005) (reasonableness of findings and impact on public trial analysis)
- Rovinsky v. McKaskle, 722 F.2d 197 (5th Cir. 1984) (Sixth Amendment public trial considerations in pretrial/off-trial matters)