Trib to continue fight for jurors' names from Sheriff Held's mistrial following appeals court ruling

Trib Total Media, the parent company of the Tribune-Review, on Wednesday vowed to continue fighting to make public the names of jurors who served in the 2018 public corruption mistrial of former Westmoreland County Sheriff Jonathan Held after a state appellate court upheld the delay of the release.

The newspaper sought the immediate release of identities of jurors in that trial after Common Pleas Court Judge Timothy Creany, a visiting senior judge who presided over what resulted in a mistrial, ruled that the names would remain sealed pending Held’s retrial or resolution of the charges.

The ruling flies in the face of the law as well as public’s need for information that can help citizens better understand important court proceedings, said Trib Total Media lawyer David Strassburger of the Pittsburgh firm Strassburger, McKenna, Gutnick & Gefsky.

“We’re disappointed in the Superior Court’s decision,” Strassburger said. “Access delayed is access denied under the First Amendment. We don’t believe this opinion is consistent with the law, and we will continue to pursue the appeal to its conclusion.”

Although voters rejected Held’s bid for re-election last year, the case against him is still pending 18 months after his mistrial. Last month, the Superior Court denied Held’s appeal to quash the charges against him. He is appealing that decision to the state Supreme Court.

Pennsylvania Attorney General Joshua Shapiro’s plans to retry the former sheriff are on hold, pending that appeal. Shapiro previously filed legal arguments supporting the Trib’s efforts to secure the release of the juror’s names.

Held, a Republican first elected sheriff in 2011, is accused of requiring deputies to do political work for his 2015 re-election campaign. He has maintained his innocence.

At the end of Held’s trial, the jury returned a guilty verdict. However, one juror later denied that he had voted to convict the sheriff when polled publicly in court.

Creany then sent the jury back to resume deliberations, but later declared a mistrial when jurors said they were deadlocked.

Although Pennsylvania courts typically release jury lists at the conclusion of trials, Creany did not. He said releasing their names would have a “chilling effect” on those summoned for jury duty at a retrial. It also could disrupt a retrial if reporters contacted the original jurors, he said.

The newspaper maintained those concerns were inflated and noted that Held’s lawyer did not object to the release of the names.

Writing for the three judge Superior Court panel, Superior Court President Judge Emeritus John T. Bender agreed with Creany. He said releasing the jury list before the case is resolved could affect Held’s right to a fair trial.

Melissa Melewsky, media law counsel for the Pennsylvania News Media Association, said the fact that the original jury will have no role in any future proceedings seems to negate the court’s concerns.

“This seems a little unusual in light of the Supreme Court precedent holding that juror names are public record. From a constitutional perspective, juror names are public record. To deny public access, the reason had to be compelling and narrowly tailored. This does not sound like it meets those criteria,” Melewsky said.