IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA,

Plaintiff,

v. CIVIL NO. 08-337 (FAB)

JORGE A. DE CASTRO-FONT [1],

Defendant.

MEMORANDUM & ORDER

BESOSA, District Judge.

Before the Court is the motion filed by the Centro de

Periodismo Investigativo, Inc. (“CPI”) and the Asociacion de

Periodistas de Puerto Rico (“APPR”), (Docket No. 349), requesting

that the Court stay the sentencing proceedings in this case and

entertain objections to its decision to close the courtroom to the

public during select parts of those proceedings.

“Openness [of court proceedings] enhances both the basic

fairness of the criminal trial and the appearance of fairness so

essential to public confidence in the [justice] system.” Press-

Enterprise Co. v. Superior Court of California, 464 U.S. 501,

(1984). Recognizing this long-standing principle, courts have

repeatedly held that “[c]losed proceedings . . . must be rare and

only for cause shown that outweighs the value of openness.” See,

e.g., id. It is clear that “[t]he presumption of openness may be

overcome only by an overriding interest based on findings that

closure is essential to preserve higher values and is narrowly

Criminal No. 08-337 (FAB) 2

tailored to serve that interest.” Id. Given the importance of

effective law enforcement, however, many courts have found the

danger of compromising ongoing criminal investigations sufficiently

compelling to warrant the limited, targeted closure of criminal

proceedings. See, e.g., United States v. Haller, 837 F.2d 84, 87-

88 (2d Cir. 1988).

Keeping those precepts in mind, the closure of the court shall

be limited to De Castro-Font’s testimony regarding his cooperation

with the government in certain investigations which may potentially

be active within this jurisdiction. That testimony not only

involves the details of specific government investigations, the

public revelation of which could compromise those investigations,

but also touches on, and could undermine the efficiency of, law

enforcement techniques utilized by the government. Both the

attorneys for the government and the attorneys for De Castro-Font

have met with the Court to discuss the content of that testimony.

Based on the representations from both parties and the Court’s

knowledge of the case, the government’s compelling interest in the

ongoing investigations and preserving the integrity of those

investigations justifies excluding the public from the sentencing

proceedings for the limited purpose of hearing Mr. De Castro-Font’s

testimony regarding cooperation with the government and discussing,

in detail, the effect of that testimony on the Court’s sentencing

decision. After these matters have been attended to, Mr. De

Criminal No. 08-337 (FAB) 3

Castro-Font will be sentenced in open court pursuant to 18 U.S.C.

§ 3553.

For the reasons described above, the motion filed by CPI and

APPR, (Docket No. 349), is DENIED.

IT IS SO ORDERED.

In San Juan, Puerto Rico, May 17, 2011.

s/ Francisco A. Besosa
FRANCISCO A. BESOSA
United States District Judge