U.S. Supreme Court says DeKalb judge should have kept court open

By Bill Rankin

The Atlanta Journal-Constitution

The U.S. Supreme Court on Tuesday set aside the cocaine trafficking conviction of a DeKalb County man because the judge in the case ordered the defendant's uncle to leave the courtroom during jury selection.

In a 7-2 decision, the high court summarily reversed the Georgia Supreme Court, which ruled last year that DeKalb Superior Court Judge Linda Hunter had not violated Eric Presley's constitutional rights when she cleared the courtroom during jury selection. Presley, who was sentenced to 15 years in prison, now gets a new trial.

During jury selection at Presley's 2006 trial, Hunter told Presley's uncle, who was the lone observer sitting in the courtroom, he had to leave. Presley's lawyer objected, asking Hunter to make some accommodation.

"Well, the uncle can certainly come back in once the trial starts," Hunter said. "There's no, really no need for the uncle to be present during jury selection."

The judge expressed concern that with 42 jurors about to enter the courtroom for jury selection, there would not be enough room for Presley's uncle. She also said she did not want him to "intermingle" with members of the jury panel.

On Tuesday, the U.S. Supreme Court said trial judges "are obligated to take every reasonable measure to accommodate public attendance at criminal trials." They are "required to consider alternatives to closure even when they are not offered by the parties," the court said, relying on two 1984 rulings that granted the public access to court proceedings.

The ruling said there was nothing in the record that showed Hunter could not have accommodated the public at Presley's trial. She could have reserved one or more rows for the public, divided the jury panel to reduce courtroom congestion or instructed prospective jurors not to interact with people in the gallery, the court's majority suggested.

Presley's lawyer, public defender Gerald Kleinrock, praised the decision. "I can't believe I had to go this far because I thought the law was settled," he said. "This is a dramatic step forward for open courtrooms."

DeKalb County District Attorney Gwen Keyes Fleming declined comment.

David Hudson, general counsel of the Georgia Press Association, called the ruling "a ringing affirmation" of the public's right to be present for all parts of a criminal trial. "There should be no doubt now in any trial court in Georgia or in other states that this important right must be protected by the presiding judge."

Justice Clarence Thomas, joined by Justice Antonin Scalia, dissented. The ruling "belittles the efforts of our judicial colleagues who have struggled with these issues in attempting to interpret and apply the same opinions upon which the court so confidently relies today," Thomas wrote.