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Case TASECIDOS8E-EAELITBOOUEA AN O34 Filed@2/e4/22agePageé 36 of 67 UNITED STATES OF AMERICA, y PAUL M. DAUGERDAS, ET AL., Cetrdau3 Page 97 1 (Witness excused) 2 THE COURT: Before the defendants call Juror No. LI 3 have before me an application on behalf of Juror No. 1 4 concerning closure of the courtroom. I have reviewed the 5 letter submissions of the parties. Ms. Sternheim, do you wish 6 to be heard further on that application? % MS. STERNHEIM: Very brief briefly, your Honor. 8 THE COURT: Please. Take the podium. | 9 MS. STERNHEIM: | am aware that aspects of Ms. 10 Conrad's alcohol dependence are in the record, as we have heard 11 today. However, I maintain that she does have the right to 12 confidentiality regarding her condition and any treatment she 13. may have received. [ do not suggest that it should not be an /14 area of inquiry, but I don't believe that it needs to be an 15 area disclosed publicly. The record can be created so that all 16 the parties of interest in this matter have the facts that they 17 need to make their respective arguments. lie The other part of my letter, which I don't have with 19 me forthe moment, concerns aspects -- does the Court have the 20 letter there? May I see it? Or does any counsel have a copy? 21 THE COURT: I've got it. |22 MS. STERNHEIM: Thank you. 23 THE COURT: These letters will be docketed and filed 24 if they haven't already been. 25 MS. STERNHEIM: The other aspects were HIPAA concerns C2trdau3 Page 98 February 15, 2012 C2trdau3 Page 99 H owontoaow &# Ww HH NNNNN NPP PPP PPR PB we WwUNH OW ATA UM Pw bP C2trdau3 my letter, which I know the Court has furnished to counsel, I informed the Court prior to today that on advice of counsel Ms, Conrad will be asserting her Fifth Amendment right against self-incrimination. She will be doing that once called into this courtroom. Obviously, if she is granted immunity, she will answer the questions as ordered. THE COURT: Thank you, Ms. Sternheim. Does any other counsel wish to be heard further on the question of the sealing of the courtroom? MR. GAIR: No, your Honor, MR. OKULA: No, your Honor. MR. ROTERT: No, your Honor. A VOICE: Your Honor, may I be heard? THE COURT: It's really not necessary. Have a seat. By letter dated February 8, 2012, Catherine Conrad requests that any questioning during this hearing concerning her medical suspension in proceedings held before the departmental disciplinary committee of the First Judicial Department be conducted in a closed courtroom. A party seeking to close the courtroom to the public must demonstrate "an overriding interest that is likely to be prejudiced, the closure must be no broader than necessary to protect that interest, the trial court must consider reasonable alternatives to closing the proceeding, and the trial court _ must make findings adequate to support the closure." Presley Page 100 1 regarding her personal medical conditions. 1 y. Georgia, 130 S.Ct 721, 724 (2010) quoting Walker v. Georgia, 2 With regard to inquiry concerning the disciplinary | 2 467 U.S. 39, 48 (1984). 3 committee, my request is based on the fact that disciplinary | 3 The information Ms. Conrad seeks to shield from public 4 proceedings, at least in the First Department, are not public | 4 view has already been disseminated, But the vanous court 5 proceedings, and it is my understanding that sealed records | 5 filings in support of the defendants’ motion for a new trial 6 were unsealed for the purpose of this matter, However, again, | 6 include, among other things, Conrad's disciplinary records and 7 that I believe was so that the parties would have opportunity | 7 related court filings and her psychological evaluations. Given 8 to make their record here. I still maintain because itis a | 8 these prior disclosures, there is no overriding interest of Ms. 9 pending matter in the First Department, it should not be opened | 9 Conrad that is likely to be prejudiced. Moreover, the rights 10 to the public. 10 of the defendants in this criminal case to a public proceeding 11 Once again, I am not stating in any way that counsel {11 trump Ms, Conrad's own parochial interest. Accordingly, her 12 for either party should not be permitted to inquire. I |12 application is denied. 13 understand the relevance of it. However, again, 1 donot |13 I'd ask at this time that the marshals bring Ms. 14 believe that the inquiry into a matter which in and of itself |14 Conrad out. 15 was aclosed proceeding, although revealed for purposes of /15 MR. OKULA: Your Honor, before they bring her out, may 16 this, and still pending should be a matter dealt with inopen |16 I be heard briefly? | 17. court. 17 THE COURT; Certainly, 18 So, my request again is should counsel wish to inquire |18 MR. OKULA: I have spoken with Mr. Gair, and we 19 into the underlying aspects of an alcohol dependency andthe |19 understand that the procedure is that Mr. Gair is going to call 20 disciplinary committee and the proceedings, that that be a |20 Ms. Conrad and that she is going to invoke her Fifth Amendment 21 matter that is not for public consideration. 21 rights. Your Honor has before you an application that we have | 22 THE COURT: Thank you, Ms. Sternheim. Is there any |22 submitted requesting that she be compelled to testify and be | 23 other matter that you want to bring to the Court's attention |23 given use immunity in connection with that testimony. | 24 before the witness is called? 24 I want to be perfectly clear that in connection with 25 MS. STERNHEIM: Yes, your Honor. In connection with |25 this hearing, although Mr. Gair is calling Ms. Conrad as a spl SOUTHERN DISTRICT REPORTERS (25) Page 97 - Page 100 DOJ-OGR- 00009238