Evidence Sealed In Child Murder Case

LOUISVILLE, Ky. (AP) - A judge has sealed the evidence against a
convicted Louisville sex offender charged with killing a 4-year-old boy.
Jefferson Circuit Court Judge Judith McDonald-Burkman ruled Monday that Cecil Eugene New II's right to a fair and impartial jury is greater than the public's right to have access to the evidence before it is released in court.
The judge said in her ruling that sealing the evidence will "have the effect of keeping inflammatory, graphic and possibly irrelevant material out of the public view until a jury is seated."
Jon Fleischaker, an attorney for The Courier-Journal, called the
judge's order "erroneous" and said the newspaper would appeal.
"We don't know the publicity will affect the ability to seat a jury," he said, adding that the judge has alternatives other than sealing the evidence, such as moving the trial.
New was charged in December with killing Cesar "Ivan" Aguilar-Cano, who disappeared near Churchill Downs on June 29. He was found in the back of a garbage truck eight days later.
New faces charges of murder, kidnapping, tampering with physical
evidence and being a persistent felony offender. Prosecutors plan to seek the death penalty if New is convicted.
New has been on the Kentucky sex offender registry since March
2000. He was convicted of sodomy involving 11- and 9-year-old victims in northern Kentucky.
Ivan was buried in his mother's hometown of San Juan Tapalapa,
Guatemala, in August. His mother, Rosa Cano, who is in the United
States illegally, was granted a special visa allowing her to leave and return to the country as a material witness in the criminal investigation.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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  • by Anonymous on Mar 5, 2008 at 04:49 AM
    I bet this evidence is heinous!!! This guy doesn't have a chance if this evidence goes public.
  • by jane Location: ky on Mar 4, 2008 at 03:46 PM
    If sealing the evidence will make it less likely that this animal can appeal his conviction, then more power to them. He won't be able to complain that he was convicted via pretrial publicity.
  • by Brenda Location: Somerset on Mar 4, 2008 at 09:01 AM
    Thank you news reporters for appealing this judges' decision. There should be no difference made in any case with respect to the public. After all, the media have attorneys who tell them what they can and cannot legally talk about. Public help the media. Please. We need citizens to get involved. Too many children are suffering needlessly.......
  • by Mom Location: KY on Mar 4, 2008 at 08:58 AM
    This animal should have been locked away from society. If he wasn't walking the streets, this child would still be alive. Until there are laws to put these perverts away for life, then this will continue to happen. Hang him!


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