How transparent should transparency be?
March 22, 2008
The hearing yesterday, to ascertain if transcripts compiled by a grand jury during an investigation of the jailhouse beating death of John Chamberlain, should remain under seal was postponed until Monday.
The hearing, scheduled on a motion submitted by the Orange County Counsel's Office on behalf of the Sheriff's Department was filed under seal, hence the basis for the request is unknown.
Kudos to the attorneys for The Orange County Register and the Los Angeles Times, who filed a brief opposing any attempt to seal the grand jury transcripts. Understandably, Sheriff's officials want to keep secret portions of the testimony and documents that deal with jail security protected by state personnel laws. However, as the attorney filing the motion asserts “ to keep the grand jury proceedings secret appears to be a thinly disguised attempt to hide evidence of misfeasance or malfeasance by sheriff's deputies”. No different that homeowner’s association claiming to do everything by the book, when the proceedings are shrouded in secrecy.
Orange County District Attorney Tony Rackauckas previously concluded he did not have sufficient evidence that would stand up in court, to criminally charge any of the sheriff personnel involved, however he indicated that that there was testimony of negligence that could lead to disciplinary action, including termination of employment.
We continue to support and give law and order the benefit of the doubt. For that reason, it is important that an extreme makeover takes place at the Orange County Sheriff’s Department, to pave the way for new leadership.
The question is, how transparent should transparency be?
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