Pa. Superior Court hears Trib appeal for juror names in Westmoreland public corruption trial | TribLIVE.com
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Pa. Superior Court hears Trib appeal for juror names in Westmoreland public corruption trial

Rich Cholodofsky
| Tuesday, February 18, 2020 4:24 p.m.

The names of jurors in the public corruption trial of former Westmoreland County Sheriff Jonathan Held should be made public, a Tribune-Review attorney argued in court Tuesday.

A three-judge panel of the state’s Superior Court heard arguments in Pittsburgh on the Trib’s appeal of a lower court ruling that withheld juror names in the case, which ended in a mistrial in December 2018.

“The trial court failed to meet its burden and it misinterpreted the law,” argued attorney Adam J. Tragone.

Judge Timothy Creany rejected the newspaper’s request to release juror names, saying it could hinder a fair trial if prosecutors retry the case against the former two-term sheriff, who was defeated in November’s election.

Tragone argued that a 2007 ruling issued by the state’s Supreme Court calls for public disclosure of juror names in most cases. He said a judge would have to issue a specific reason to keep the names private, such as a threat to juror safety.

In that case, the Supreme Court sided with the Tribune-Review, which argued that a Westmoreland County judge improperly withheld the identities of jurors who convicted a Ligonier podiatrist of third-degree murder in his wife’s 2003 death.

Superior Court judges John T. Bender, Mary Jane Bowes and Senior Judge Dan Pellegrini on Tuesday questioned lawyers about Creany’s determination that making juror names public could impact the outcome of a second trial. They suggested that privacy rights of jurors and the potential for unwanted publicity is sufficient reason to keep the identities secret until the case is completed.

Prosecutors and Held’s defense lawyer have previously backed the Trib’s efforts to learn juror identities.

But in court on Tuesday, Senior Deputy Attorney General William Stoycos suggested the appeals court ask that Creany make another ruling, providing specifics about his reasons to keep the jury names private pending the outcome of a second trial.

“The commonwealth is comfortable with withholding names until a second trial is concluded,” Stoycos said.


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