Order denying 80 Motion for Leave to File as to Casey David Crowther (1) — USA v. Crowther (Dkt. 103, M.D. Fla. No. 2:20-mj-01094, docketed in No. 2:20-cr-00114)

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U.S. District Court for the Middle District of Florida · No. 2:20-cr-00114 · Doc. 103 · 2021-03-17 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
FORT MYERS DIVISION 
 
UNITED STATES OF AMERICA 
 
 
VS. 
CASE NO: 2:20-cr-114-JES-MRM 
CASEY DAVID CROWTHER 
 
 
ORDER 
This matter comes before the Court on defendant’s Motion for 
Leave to File Under Seal Pursuant to Local Rule 3.01 Motion 
Regarding Trial Proceedings (Doc. #80) filed on March 12, 2021.  
The motion seeks leave to file a sealed motion requesting a bench 
trial, or alternatively, to seal certain proceedings or bifurcate 
the upcoming trial.  Id. p. 1.  For the reasons that follow, while 
defendant may file such a motion, the request to file it under 
seal is denied. 
As recognized by the motion, “[t]he public has a qualified 
First Amendment right of access to criminal trial proceedings,” 
and this right “establishes a presumption of openness that 
precludes the sealing of criminal proceedings.”  United States v. 
Cooper, 679 F. App’x 738, 742 (11th Cir. 2017) (citations omitted).  
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. (marks and citations omitted).  Defendant has failed to make 
Case 2:20-cr-00114-JES-M_M     Document 103     Filed 03/17/21     Page 1 of 2 PageID 569

 
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such a showing, and the Court cannot glean any sufficient reason 
from the title of the proposed motion.  A request for a bench 
trial requires a written waiver of a jury trial by defendant and 
the consent of the government.  Fed. R. Crim. P. 23(a)(1)-(2).  If 
the government does not consent, the issue is a non-starter.  
Bifurcation will occur as to the forfeiture proceedings, and it is 
not apparent what other matters would be subject to bifurcation. 
Accordingly, it is hereby 
ORDERED: 
Defendant’s Motion for Leave to File Under Seal Pursuant to 
Local Rule 3.01 Motion Regarding Trial Proceedings (Doc. #80) is 
DENIED. 
DONE and ORDERED at Fort Myers, Florida, this   17th   day 
of March, 2021. 
 
 
 
 
Copies: 
Counsel of Record 
Case 2:20-cr-00114-JES-M_M     Document 103     Filed 03/17/21     Page 2 of 2 PageID 570

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