Massachusetts Criminal Defense Lawyer Blog

The right to a public trial has been affirmed in a recent First Circuit Court of Appeals decision holding that trial judge's cannot deny access to the courtroom during any phase of a criminal trial, including jury selection. In the case of United States v. Agosto-Vega, decided August 18, 2010, the First Circuit Court of appeals, which hears cases arising from Massachusetts and Rhode Island, overturned a conviction of a violation of criminal provisions of the Clean Water Act when the trial judge denied family members of the defendant the right to be present during jury selection.

The 1st Circuit in Agosto-Vega found that space was available and the judge did not attempt to pursue other options that would allow the defendant's family to be present in the court during jury selection. Recent cases such as Presley v. Georgia, from the United States Supreme Court have affirmed a defendant's right to a public trial and denial of this right will result in the reversal of a criminal conviction. Under the Sixth and First Amendments to the United States Constitution, Massachusetts criminal defense lawyers should object to any attempt by a trial judge to close the courtroom during any phase of a criminal trial when there is room for the public in the courtroom. Even when a courtroom is full, the court has to allow the public to enter when seats become available. The Presley decision imposes strict limitations upon the ability of a trial judge to close the courtroom to the public. Criminal defense lawyers in Massachusetts may be able to obtain a new trial in the event of conviction if this right is violated.