Opinion
19 Cr. 862 (VEC)
01-05-2021
UNITED STATES OF AMERICA v. HEINNER SOLIS, Defendant.
SEALED ORDER
HONORABLE VALERIE E. CAPRONI UNITED STATES DISTRICT JUDGE
The Government has submitted a motion requesting that the Court close the courtroom to the public during the defendant's guilty plea proceeding, scheduled for January 20, 2021, and that the Court delay the public docketing of any filings in connection with that proceeding. The defendant, who is expected to plead guilty pursuant to a cooperation agreement with the Government, joins in these requests.
In considering the Government's motion, the Court has reviewed the four-factor test set forth in Waller v. Georgia, 461 U.S. 39, 43 (1984). The Court finds as follows: (1) The defendant is a former member of a violent gang whose members may retaliate against the defendant if his cooperation were 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 ongoing investigation would be jeopardized; (3) the Government's interests in protecting the defendant's safety and th? 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 proceeding; and (4) there are no reasonable alternatives to the requested closure of the proceeding that would both adequately protect the Government's compelling interests and preserve the public's right of access. Similarly, if any filings in connection with this plea proceeding were made public at this time, it would give notice that the defendant is cooperating, thereby jeopardizing the Government's investigation and the defendant's safety.
Accordingly, for the foregoing reasons, the Government's motion to close the courtroom during the defendant's guilty plea and to delay docketing of any filings in connection with that plea proceeding is GRANTED.
SO ORDERED