Sealed Supplemental Plea Agreement

In this way, Sale said, “anyone who looks at the docket from the outside… see that all arguments are exactly the same, and only by accessing the sealed supplement – and people move from time to time to disinterest – someone might discover that Person A was cooperating, while Person B wasn`t. Last week, when former Baltimore Mayor Catherine Pugh`s arguments with federal lawyers were filed, she came with a sealed supplement whose contents remain under seal. The sale was not possible to obtain notice, but the office of Maryland U.S. Attorney Robert Hur confirmed the routine filing of plea supplements as a protective measure. More than a decade ago, when federal courts began publishing court records online, officials in the Maryland Attorney`s Office were “cautious about what would happen” if they started doing the same thing in Baltimore, Barbara Sale, the bureau`s former head of the bureau`s criminal department, said at a roundtable discussion on oral arguments published by the Fordham Law Review in 2011. “The minutes show that the district court did not take this presumption of access to court records into account. As such, there is a reasonable likelihood that, but for the district court error, Mr. Bacons plea supplement would not have been filed under seal. In addition, the landgericht did not make a case-by-case arbitration to determine whether the government`s interest “strongly outweighs” the public interest in access.

If the district court had based the government`s interest in the concrete case (including the undisputed evidence that Mr. Bacon was threatened by the sealed pleading market) and not just on the local rule, there is a reasonable likelihood that Mr. Bacon`s arguments were not kept secret.” Last week, Pugh pleaded guilty to four counts – conspiracy to run fraud, conspiracy to defraud the United States and two counts of tax evasion – relating to a system in which she sold the same copies of her children`s books “Healthy Holly” to major institutions and non-profit organizations, and negotiated business before the state and the city. , taking advantage of personal and political benefits without paying reasonable taxes. At her hearing on Thursday, in which she pleaded guilty, there was no indication, in any way, whether Pugh was cooperating with federal authorities. Hur said the investigation was ongoing. “In this district, the district`s prosecutor`s office, the defense and the court agreed that a sealed supplement would be filed as part of each plea to conceal the identity of the cooperating defendants, ensure their safety and reduce the potential for obstruction of justice,” said Marcia Murphy, a spokeswoman. So, before accepting the online application in 2008, Sale worked for months with the public defender, a judge and a member of the private defense bar to “know how best to protect cooperating witnesses,” she told the De Fordham panel. And one of the results was a policy in which prosecutors submit a sealed supplement with every plea deal in Baltimore, whether there is collaboration or not. “If the person doesn`t cooperate, the sealed supplement simply says, “This is not a cooperation agreement,”” Sale said. If the person cooperates, he or she sets out on three or four pages the litany of expectations and commitments that accompany the cooperation agreement. The district court was not impressed: “We are trying to achieve consistency between districts so that everyone has a sealed supplement.” But by analyzing the problem under a simple error standard (the call advanced a new theory), the Tenth Circuit sided with Mr.

Bacon. Pugh`s lawyer, Steven Silverman, declined to consider the extent of the collaboration with the authorities or the content of the supplementary plea. “This is the home of the famous “Stop Snitching Videos,” which were released on DVD, which urged people not to snoop on other people and to harm those who worked with law enforcement,” said Sale, who retired in 2015.

Comments are closed.