Thanks for posting the motion Y/N. Is it terrible that I just skimmed it? All I hear is the same blah, blah, blah!! Interesting that JSS thought the media was intimidating. Yes, those fingers tweeting must be just causing JA such distress. OFPS- easy solution- don't read what they're saying!! Am I missing something here because this is the most asinine reason for wanting to testify secretly. And people showing up at jail to threaten her? Huh?? How the heck do they know that? I want to see proof that ever happened.
BBM according to the Waller Test, she doesn't have to show proof/actual harm:
-from my post #557:
"C. The Waller Test
In 1984, the U.S. Supreme Court held that the broad
courtroom closure of a seven-day suppression hearing during a
criminal trial was unconstitutional. 37 Waller v. Georgia synthesized
prior holdings to provide a clear rule for all alleged First and Sixth
Amendment public trial violations. 38 Writing for the majority in
Waller v. Georgia, Justice Powell outlined the current four-part test. 39
He held that
the party seeking to close the hearing must [1] advance
an overriding interest that is likely to be prejudiced,
[2] the closure must be no broader than necessary to
protect that interest, [3] the trial court must consider
reasonable alternatives to closing the proceeding, and
[4] it must make findings adequate to support the
closure. 40
The Court held that a violation of the public trial guarantee does
not necessarily require a new trial. 41 “Rather, the remedy should be
appropriate to the violation.”
42 The Court reasoned that automatic
reversal would give defendants unfair windfalls that would not be in
the public interest, 43 but reiterated tha
t the defendant does not
need to show actual harm. 44..."
http://web.wmitchell.edu/law-review/wp-content/uploads/Volume40/documents/7.Cronen.pdf
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