Courant Files Motion for Pretrial Release of the Witness Lists in Komisarjevsky Trial

The Hartford Courant says lawyers must show there is an 'overriding interest' for keeping witnesses secret.

A newspaper’s request for the pretrial release of the witness lists has come up again in the Cheshire home invasion trial of Joshua Komisarjevsky in New Haven Superior Court.

The Hartford Courant filed a motion this week seeking to vacate a previous ruling that blocks release of the defense and prosecution witness lists. (see pdf.)

Defense lawyers and prosecutors have opposed releasing the lists because it might discourage some witnesses from testifying in the trial, scheduled to start in September.

On March 16, the first day of jury selection, Judge Jon C. Blue suggested a compromise, to release a redacted list blacking out the names of witnesses who might be intimidated.

The Courant’s motion said the newspaper has "a presumptive, First Amendment and common law right" to access to the witness lists.

It said under statutory and Constitutional law and the Connecticut Practice Book, parties opposing the release of trial witness lists must prove there is an overriding interest to keep the lists secret, that the sealing order is necessary to protect that interest, and that there are no alternatives except to seal them.

Neither the defense nor prosecution has filed a notice written answer to the Courant’s previous request to release the lists. The Courant argued that means the court must release the lists.

Judge Blue gave the defense lawyers until April 1 to file a response. Prosecutors indicated they would not respond.