United States Second Circuit

The district court's grant of the government's motion to close the courtroom to all persons not directly involved in defendant's trial during a child victim's testimony, is affirmed, where: 1) closure may be ordered in compliance with the Sixth Amendment when it advances an overriding interest that is likely to be prejudiced, when such closure is no broader than necessary, when reasonable alternatives are considered, and when findings adequate to support the closure are made; 2) the victim is a ten-year old girl who had been sexually abused by her mother at the request of defendant, and was found to have a particularized emotional fear of others witnessing the story of her sexual abuse; and 3) the victim's ability to effectively communicate about her sexual abuse was a sufficient interest at risk of being prejudiced to justify the closure, given the relatively narrow breadth of closure, that reasonable alternatives were considered, and that findings adequate to support the closure were made.

Appellate Information

• Decided 08/08/2014
• Published 08/08/2014

Judges

• WALKER

Court

• United States Second Circuit

Counsel