Commonwealth v. Herbert Lee, Jefferson Circuit Court (2010)

Lee is a juvenile charged and tried as an adult in Circuit Court in connection with the deaths of 4 passengers in an automobile. After a jury convicted him of, among other things, 4 counts of manslaughter, the Circuit Court sealed the list of jurors. On behalf of the Courier-Journal, we made an unsuccessful informal request to the trial judge to unseal the juror list, then we made the same request to the chief Circuit Judge, who unsealed the juror list.

Next, pending his sentencing, Lee's attorneys moved the court to seal the entire record and to conduct his sentencing in closed court. On behalf of the Courier-Journal, we moved to intervene and oppose the motion. At the hearing, Lee's counsel withdrew the motion and on the record agreed that sentencing should be conducted in open court and without sealing records.