The Denver Post
Breyer rejects bid to allow publishing of transcript
Tuesday, July 27, 2004 -
A U.S. Supreme Court justice has denied, at least temporarily, a media request to stay a local court order prohibiting the media from publishing a closed-hearing transcript in the Kobe Bryant sexual-assault case.
State District Judge Terry Ruckriegle issued the order barring publishing the transcript, which was mistakenly sent to media outlets, including The Denver Post. The Colorado Supreme Court upheld the order, and the media asked the U.S. Supreme Court to stop enforcement of that ruling. But Monday, Justice Stephen Breyer ruled that "due to a change in circumstances" - a subsequent ruling by Ruckriegle that at least some of the evidence from the closed hearings will be admissible in the trial - he was denying the media challenge without prejudice, which means the media may refile the request in two days. Steven Zansberg, an attorney for The Post, declined to comment Monday night. Breyer said Ruckriegle's newest ruling may result in some or all of the information contained in the transcript being made public, which would make the media challenge moot. "A brief delay will permit the state courts to clarify, perhaps avoid, the controversy at issue here," Breyer said in his ruling. If the transcript isn't released to the public in the next two days or if Ruckriegle doesn't make public his intentions in that regard, the media outlets can refile their First Amendment-based challenge. Breyer said he believes the transcripts' release "is imminent. I recognize the importance of the constitutional interests at issue." Staff writer Jim Kirksey can be reached at 303-820-1448 or jkirksey@denverpost.com .
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