Subject: [NEXTEL-1] Judge denies Motorola bid to close trial- Smartnet II Radio trade secrets at issue

From: Marcelrf <[email-masked]>
Date: Mon, 01 Mar 2004 08:45:23 -0500

Judge denies Motorola bid to close trial- Radio trade secrets at issue

By Kevin Murphy
Correspondent for the Capital Times
February 28, 2004

A federal judge has refused to close the courtroom next week for
testimony by Motorola Corp.  employees or a defendant who's on trial for
allegedly trying to jam police and fire communications during a State
Street Halloween disturbance and other occasions last year.

Citing several grounds, including national and local security concerns,
Motorola didn't want the public to hear how its radio equipment used by
first-responder agencies in Madison was jammed by signals Rajib K. Mitra
transmitted from his Orchard Street apartment.

The government's plan to call five Motorola employees to explain how its
Smartnet II radio equipment can be disrupted not only exposes its trade
secrets but threatens the lives of "law enforcement officers that depend
on the proper functioning of their radio communications systems," argued
Motorola's attorney, Daniel Flaherty of La Follette Godfrey & Kahn.

Assistant U.S. Attorney Tim O'Shea opposed Motorola's motion, as did
Mitra's attorney, Christopher Van Wagner, who argued that removing the
public during his client's testimony would prejudice the defendant.

"A mass exodus of the (audience) will cause the jury to speculate as to
what's going on," Van Wagner told District Judge John Shabaz.

Clearing the courtroom when Mitra takes the stand
would cast suspicion over him and render the trial
impartial, Van Wagner stated in documents filed
with the court, noting that Mitra's "appearance is
consistent with those persons labeled terrorists and
with whom the current administration wages war

http://www.madison.com/captimes/news/stories/69102.php

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