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SEX OFFENDER MANAGEMENT PROCEEDING IN THIS HIGH PROFILE CASE SHOULD BE CLOSED TO THE PUBLIC TO PROTECT THE IDENTITIES OF THE VICTIMS (THIRD DEPT).

The Third Department determined the respondent’s sex offender management proceeding should be held in a closed courtroom and the record should be sealed to protect the identities of the victims in this high profile sex offense case:

Here, Supreme Court has taken steps to preserve the victims’ anonymity that include orders directing the media to withhold their names, sealing the trial record and granting anonymity to respondent. Nevertheless, our review of the factual details that may be discussed by petitioner’s experts persuades us that, in this particular case, media coverage of a public trial could well lead to the identification of the victims in the media, on the Internet or by those who followed the high profile proceedings in the past. The risk is particularly acute in view of the online presence that permits many of today’s media outlets to disseminate news beyond their subscribers and their local geographic area, in a form that may foster public discussion in comments or on social media, and which then remains permanently available.

Generally, public policy disfavors “limitations on public access to court proceedings” … . However, the right to such access is not without limitation and “must be balanced against other interests which might justify the closing of the courtroom to the public” … . We note that Mental Health Law § 10.08 reflects the strong public policy in favor of protecting the confidentiality of victims of sex offenses by including provisions that prohibit or limit the disclosure of identifying information … . Further, the controlling regulation cites “the nature of the proceedings and the privacy of the parties” as factors that may justify closing the courtroom during civil management proceedings … . Upon balancing the competing interests, we find that — in the limited and particular circumstances presented here — there is a significant risk that a public trial may compromise the anonymity of respondent’s victims. Thus, good cause has been shown to close the courtroom to the public during respondent’s civil management trial … . Matter of State of New York v John T.. 2018 NY Slip Op 05012, Third Dept 7-5-18

​MENTAL HYGIENE LAW (SEX OFFENDER MANAGEMENT PROCEEDING IN THIS HIGH PROFILE CASE SHOULD BE CLOSED TO THE PUBLIC TO PROTECT THE IDENTITIES OF THE VICTIMS (THIRD DEPT))/COURTROOM CLOSURE (MENTAL HYGIENE LAW, SEX OFFENDER MANAGEMENT PROCEEDING IN THIS HIGH PROFILE CASE SHOULD BE CLOSED TO THE PUBLIC TO PROTECT THE IDENTITIES OF THE VICTIMS (THIRD DEPT))

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