Court filing
Motion for Leave to File Document by Casey David Crowther — USA v. Crowther (Dkt. 80, M.D. Fla. No. 2:20-mj-01094, docketed in No. 2:20-cr-00114)
Filed March 12, 2021 in USA v. Crowther; one of 318 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2021-03-12 |
U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 80 · 2021-03-12 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES
v.
Criminal No. 2:S20-cr-114-FTM-66MRM
CASEY DAVID CROWTHER
Defendant.
_____________________________/
DEFENDANT’S MOTION FOR LEAVE TO FILE UNDER SEAL
PURSUANT TO LOCAL RULE 3.01
MOTION REGARDING TRIAL PROCEEDINGS
Defendant, Casey D. Crowther (“Crowther”), through undersigned counsel,
and pursuant to M.D. Local Rule 3.01, hereby files his Motion for Leave to File Under
Seal Motion for Bench Trial or Alternatively to Seal Certain Proceedings or to
Bifurcate Trial.1
I.
INTRODUCTION
Crowther requests this Court’s leave to file a sealed Motion for Bench Trial or
Alternatively to Seal Certain Proceedings or to Bifurcate Trial. There are certain
proceedings and trial procedures that need to be addressed with the Court in private
1
This Court’s local rules do not specify the Court’s procedure for seeking
leave to file under seal in a criminal case. For this reason, the undersigned contacted
the clerk’s office for guidance and was advised that the procedure is substantially
similar to the procedure for seeking leave to file under seal in civil cases under M.D.
Local Rule 1.11.
The proposed duration of the request to file Crowther’s forthcoming
motion under seal is through the close of the upcoming trial, including the verdict.
Case 2:20-cr-00114-JES-M_M Document 80 Filed 03/12/21 Page 1 of 5 PageID 314
2
in order to preserve Crowther’s constitutional rights, specifically his right to a fair trial
pursuant to the Sixth Amendment. Crowther’s forthcoming motion addresses certain
sensitive information that could cause harm to the jury pool. As this Court is aware,
this criminal case has received significant publicity and news media attention. The
information contained in Crowther’s forthcoming motion therefore should not be filed
in the public domain.
Accordingly, Crowther requests that his forthcoming Motion for Bench Trial or
Alternatively to Seal Certain Proceedings or to Bifurcate Trial be sealed.
II.
MEMORANDUM OF LAW
There are certain matters regarding the upcoming trial that need to be addressed
with the Court in a private setting. Due to the media coverage associated with this
case, this sensitive information should be addressed with the Court in private to avoid
any harm to the jury pool.
In United States v. Cooper, 679 Fed. Appx. 738 (11th Cir. 2017), the Eleventh
Circuit discussed the criteria for sealing proceedings in a criminal action. The
Eleventh Circuit stated:
The public has a qualified First Amendment right of
access to criminal trial proceedings. See United States v.
Ochoa-Vasquez, 428 F.3d 1015, 1028-29 (11th Cir.
2005). This right establishes a presumption of openness that
precludes
the sealing of criminal proceedings. See id. at
1030. To overcome this presumption, a party must show "an
overriding interest based on findings that closure is essential to
preserve higher values and is narrowly tailored to serve that
interest." Id. (quoting Press-Enterprise Co. v. Super. Ct. of
California, 464 U.S. 501, 510, 104 S. Ct. 819, 78 L. Ed. 2d
Case 2:20-cr-00114-JES-M_M Document 80 Filed 03/12/21 Page 2 of 5 PageID 315
3
629
(1984)). A
district
court,
addressing
the sealing of criminal proceedings,
has
"discretion
to
determine which portions of the record should be placed
under seal." Perez-Guerrero v. United States AG, 717 F.3d
1224, 1235 (11th Cir. 2013). In denying a party's access to
documents or sealing proceedings, however, a district court
"must articulate the overriding interest 'along with findings
specific enough that a reviewing court can determine
whether the closure order was properly entered.'" Ochoa-
Vasquez, 428 F.3d at 1030 (quoting Press-Enterprise Co., 464
U.S. at 510).
Cooper, 679 Fed. Appx. at 742.
Suffice to say, Crowther’s right to a fair trial constitutes an overriding interest
to the presumption of openness that normally attaches to criminal proceedings. The
sensitive information that should be addressed with the Court in a private setting may
impact the jury pool and thus cause harm to Crowther’s Constitutional rights. The
duration of the request of sealing the forthcoming motion will last not more than thirty
days and may actually be able to be unsealed within fourteen days or less.
Accordingly, Crowther requests that his forthcoming motion regarding the
upcoming trial and trial procedures be sealed.
III.
CONCLUSION
Based on the foregoing, Defendant, Casey David Crowther respectfully requests
that this Court (a) grant this Motion in all respects; (b) grant Crowther leave to seal his
forthcoming Motion for Bench Trial or Alternatively to Seal Certain Proceedings or
to Bifurcate Trial; and (c) enter such other and further relief this Court deems just and
proper.
Case 2:20-cr-00114-JES-M_M Document 80 Filed 03/12/21 Page 3 of 5 PageID 316
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IV.
CERTIFICATION
Pursuant to the Court’s Pretrial Criminal Scheduling Order [D.E. 40], the
undersigned certifies the following:
i. moving counsel has conferred with opposing counsel;
ii. counsel has not resolved the motion by agreement; and
iii. the motion concerns a matter not covered by this Order.
Respectfully Submitted,
/s/ Nicole H. Waid____
Nicole H. Waid, Esq.
Florida Bar No. 0121720
nicole.waid@fisherbroyles.com
/s/ Brian E. Dickerson
Brian E. Dickerson, Esq.
Fla. Bar No. 106615
brian.dickerson@fisherbroyles.com
FISHERBROYLES, LLP
2390 Tamiami Trail North, Suite 100
Naples, Florida 34103
Phone: (202) 906-9572
Fax: (239) 236-1360
Case 2:20-cr-00114-JES-M_M Document 80 Filed 03/12/21 Page 4 of 5 PageID 317
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CERTIFICATE OF SERVICE
I, Nicole H. Waid, attorney for Casey David Crowther, do hereby certify that I
have, this day, filed the foregoing with the Clerk of Court via the CM/ECF system,
which has caused a true and correct copy to be served on all counsel of record.
/s/ Nicole H. Waid____
Nicole H. Waid, Esq.
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