Kleinbart v. United States
Decision Date | 13 June 1978 |
Docket Number | No. 11541.,11541. |
Citation | 388 A.2d 878 |
Parties | Michael N. KLEINBART, Appellant, v. UNITED STATES, Appellee. |
Court | D.C. Court of Appeals |
Michael L. Lehr, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.
Before NEWMAN, Chief Judge, and KERN and GALLAGHER, Associate Judges.
After a bifurcated jury trial, appellant was convicted of carrying a pistol without a license. Based on written assertions by the United States that he had been previously convicted of a felony, an enhanced sentence of from three to ten years' confinement was imposed for what was otherwise a misdemeanor.1 He raises three issues on appeal: (1) denial of his right guaranteed by the Sixth Amendment to a public trial; (2) an alleged abuse of discretion by the trial court's refusal to impanel a second jury for the insanity phase of the bifurcated trial and thereafter by its refusal to allow a second voir dire of the first-phase jurors prior to commencing the insanity phase of the trial; and (3) procedural errors in sentencing to an enhanced sentence under D.C. Code 1973, § 22-3204, by failure to comply strictly with § 23-111 of the Code. Finding that appellant's constitutional right to a public trial was violated, we reverse.2
Appellant's trial commenced with a voir dire of the jury on January 26 and 27, 1976; testimony was received from January 27 to 30 and on February 3. The jury deliberated on February 4 and 5, returning its verdict on the latter date. On January 29, during the first phase of appellant's trial, the courtroom was locked upon order of the trial court without notice to the parties or counsel. Upon learning that the courtroom was locked, counsel for appellant noted a timely objection thereto. The only evidence of and explanation for this action appears in the record of the following colloquy among defense and prosecution counsel and the court:
I understand — I hear that there was some kind of a bomb threat yesterday or something. I don't know whether that is related to it. I don't know. That is not Government counsel's request.
Is the door locked now?
(Pause while the Court confers with the United States Marshal.)
Some fifty minutes later, a spectator was addressed by the trial judge, from which it is evident that by that time the courtroom doors were open. Thus we can conclude that the courtroom was locked during approximately one hour for no articulated reason.3
The Sixth Amendment guarantees to appellant a public trial.4 That amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . ." This right to a public trial has never been definitively construed by the Supreme Court. But see Estes v. Texas, 381 U.S. 532, 560, 85 S.Ct. 1628, 14 L.Ed.2d 543 (1965) (Warren, C. J., Douglas & Goldberg, JJ., concurring); Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038, 4 L.Ed.2d 989 (1960).
The common law right to a public trial was expressly incorporated in the Constitution because of the "Anglo-American distrust for secret trials," In re Oliver, 333 U.S. 257, 268, 68 S.Ct. 499, 505, 92 L.Ed. 682 (1948), symbolized by institutions such as the Court of Star Chamber which our ancestors perceived as a menace to liberty. Id. at 269, 68 S.Ct. at 505. The guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. Id. at 270, 68 S.Ct. 499. Thus a "public trial" serves as a restraint on the possible abuse of judicial power and "guarantee[s] that the accused is fairly dealt with and not unjustly condemned." Estes v. Texas, supra, 381 at 538-39, 85 S.Ct. 1631; United States v. Kobli, 172 F.2d 919, 921 (3d Cir. 1949). Other benefits recognized as accruing from this guarantee are that the quality of testimony is improved; unknown witnesses are induced to come forward with relevant testimony; all participants are moved to perform their duties conscientiously; and the public is given the opportunity to observe the courts in the performance of their duties and to determine whether that performance is adequate. Estes v. Texas, supra, 381 U.S. at 583, 85 S.Ct. 1628 (Warren, C. J., Douglas & Goldberg, JJ., concurring). "The right to a public trial is not only to protect the accused but to protect as much the public's right to know what goes on when men's lives and liberty are at stake, for a secret trial can result in favor to as well as unjust prosecution of a defendant." Lewis v. Peyton, 352 F.2d 791, 792 (4th Cir. 1965).
The right to a public trial is not absolute. However, the qualifications on the breadth of the right are few and are based upon considerations of preserving order, protecting the parties or witnesses, and maintaining confidentiality. United States ex rel. Lloyd v. Vincent, 520 F.2d 1272, 1274 (2d Cir.), cert. denied, 423 U.S. 937, 96 S.Ct. 296, 46 L.Ed.2d 269 (1975); United States v. Eisner, 533 F.2d 987, 993 (6th Cir.), cert. denied, 429 U.S. 919, 97 S.Ct. 314, 50 L.Ed.2d 286 (1976); Davis v. United States, 247 F. 394, 396 (8th Cir. 1917). In implementing these limitations on the otherwise broad right to a public trial, courts must always remain sensitive to the fact that "Mt is only under the most exceptional circumstances that limited portions of a criminal trial may be even partially closed." Stamicarbon, N.V. v. American Cyanamid Co., 506 F.2d 532, 542 (2d Cir. 1974). In evaluating the need for such an exceptional course of action, courts must constantly...
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