Opinion
SI 19 Cr. 792 (LTS)
03-21-2021
UNITED STATES OF AMERICA v. DEVON BROWN, Defendant.
SEALED ORDER
THE HONORABLE LAURA TAYLOR SWAIN, UNITED STATES DISTRICT JUDGE
The Government has submitted a motion requesting that, in connection with the defendant's guilty plea scheduled for April 7, 2021, the Court close the courtroom to the general public.
With respect to the Government's request to close the courtroom during the guilty plea, at which the defendant is expected to plead guilty to the above-captioned superseding information pursuant to a cooperation agreement with the Government, the Court has considered the four-factor test set forth in Waller v. Georgia, 467 U.S. 39, 43 (1984) . The Court finds as follows: (1) The defendant is a former member of a Bronx-based drug trafficking organization whose members may retaliate against the defendant if his cooperation is made public, and the Government is currently investigating certain gang members with whom the defendant was associated and committed crimes; (2) Were the defendant's cooperation made known to the public, the defendant's safety and the Government's investigation would be jeopardized; (3) The Government's interests in protecting the defendant's safety and the confidentiality and integrity of its ongoing investigation are compelling and overriding interests, which would be seriously prejudiced by requiring the defendant to plead guilty in an open courtroom; (4) There are no reasonable alternatives to the requested closure of the courtroom that would both adequately protect the Government's compelling interests and preserve the public's right of access.
Accordingly, for the foregoing reasons, the Government's motion to close the courtroom during the defendant's guilty plea is GRANTED.
SO ORDERED.