Norfolk County Fair

Judge rules O'Connell search warrant should not be sealed

Quincy District Court Judge Robert Ziemian sided with The Patriot Ledger’s argument that there is not sufficient good cause to keep the records sealed. He also ruled that a law that restricts the public availability of police records in sexual assault cases does not apply to the materials in question in O’Connell’s case.

Andrew Berman, a special prosecutor for the Norfolk County district attorney’s office, and O’Connell attorney Stephen Delinsky both said they will appeal the order. The sealed materials are unlikely to become public until the appeals are resolved.

Ziemian stayed his order until Wednesday, meaning it cannot take effect before then. The stay gives the parties the chance to prepare an appeal to the Supreme Judicial Court and request a further stay.

Ziemian said the pretrial publicity the search warrant records might generate would not violate O’Connell’s right to a fair trial, as his lawyer argued.

“There have been many cases where the pretrial publicity is much bigger ... and the courts have always found there’s a way to ensure a fair trial,” he said.

Ziemian also did not agree with Berman and Delinsky’s argument that a search warrant affidavit written by a State Police investigator, even if redacted to hide the alleged victim’s identity, risks identifying her nonetheless.

Berman argued that even if the victim is not identified from the records, the fact that she would be able to read news accounts of the alleged sexual assault would traumatize her in a way that violates her rights.

“She’s going to have to relive her victimization,” Berman argued before Ziemian. “It would be an egregious violation of the victim’s rights.”

Ziemian, who had previously ordered the prosecution and defense to submit redacted versions of the search warrant materials, did not agree that significant harm would result from their release.

“The privacy of the victim in this case is ensured not only by redaction of her name but redaction of other things,” he said.

The Patriot Ledger has been petitioning the court to lift the May 9 impoundment order on material related to a police raid on O’Connell’s Marina Bay condominium. Following the March raid, O’Connell was charged with aggravated rape of a child under 16, paying a fee for sex and cocaine trafficking.

NORFOLK COUNTY FAIR AND HORSE SHOW | The Silo

The Norfolk County Fair & Horse Show is in its 171st year and is the 5th largest fair in Ontario, with over 120,000 visitors each year. This year’s fair features agricultural displays, crafts exhibits, food vendors, art demonstrations, talent competitions, midway rides and many special events. For more information on the fair and any of the scheduled events, please visit our website at www.norfolkcountyfair.com or by phone at 519-426-7280.

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