March 5, 2006 - Associated Press (US) Thousands of Federal Cases Kept Secret Outcome Of Cases For 5,000-Plus Defendants Are Hidden From Public By Michael J. Sniffen And John Solomon, Associated Press

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WASHINGTON - Despite the Sixth Amendment's guarantee of public trials, nearly all records are being kept secret for more than 5,000 defendants who completed their journey through the federal courts over the last three years. Instances of such secrecy more than doubled from 2003 to 2005.

An Associated Press investigation found, and court observers agree, that most of these defendants are cooperating government witnesses, but the secrecy surrounding their records prevents the public from knowing details of any plea bargains.

Most of these defendants are involved in drug gangs, though lately a very small number come from terrorism cases.

Some of these cooperating witnesses are among the most unsavory characters in America's courts -- multiple murderers and drug dealers -- but the public cannot learn whether their testimony against confederates won them drastically reduced prison sentences or even freedom.

At the request of the AP, the Administrative Office of U.S. Courts conducted its first tally of secrecy in federal criminal cases.

The nationwide data it provided the AP showed 5,116 defendants whose cases were completed in 2003, 2004 and 2005, but the bulk of their records remain secret. The court office's tally also shows the percentage has more than doubled in the last three years.

The courts' administrative office and the Justice Department declined to comment on the numbers.

Trend of Secrecy

The percentage of defendants who have reached verdicts and been sentenced but still have most of their records sealed has more than doubled in the last three years, the court office's tally shows.

Of nearly 85,000 defendants whose cases were closed in 2003, the records of 952 or 1.1 percent remain mostly sealed.

Of more than 82,000 defendants with cases closed in 2004, records for 1,774 or 2.2 percent remain mostly secret.

And of more than 87,000 defendants closed out in 2005, court records for 2,390 or 2.7 percent remain mostly closed to the public.

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