Judge kills bid by SC Irish Traveler for secret hearing after protests

A federal judge Thursday killed a bid by a defense attorney to hold a secret sentencing hearing for his Irish Traveler client.

“This has been an open court,” U.S. District Judge Michelle Childs told Rose M. Mulholland’s sentencing hearing.

Mulholland’s lawyer, Jack Swerling of Columbia, had asked for a secret sentencing hearing.

However, Jay Bender, a lawyer for The State Media Co., publisher of The State, and Assistant U.S. Attorney Jim May both objected, citing longstanding precedents that U.S. criminal courts are open to the public.

Sentencing hearings are a crucial part of the criminal court system.

Most defendants charged with federal crimes wind up pleading guilty. As a result, there is no trial, where the facts about a crime and the defendant normally come to light. Instead, those facts only surface at the defendant’s sentencing hearing. Then, prosecutors tell the judge — and the public — about the evidence in the case, and defense attorneys offer details of the defendant’s life, which they hope will lead the judge to give a lighter sentence.

“Open hearings are a safeguard for the public. They let the public see if anyone is getting a special deal — good or bad,” said Bill Rogers, executive director of the S.C. Press Association, of which The State is a member.

Last week, in a rare occurrence, defense attorney Greg Harris of Columbia sought and received a secret sentencing hearing for his Irish Traveler defendant, Kim Mulholland. At the time, Judge Childs expelled a State reporter from the courtroom.

That secret hearing led The State to ask Bender to file a motion for an open hearing in the Rose Mulholland case, where Swerling, too, had asked for a secret hearing. Prosecutor May also filed a motion asking for an open hearing.

After hearing from the lawyers, Childs ruled the hearing would be open.

Mulholland was sentenced to 11 months in federal prison.

“As the U.S. Supreme Court has acknowledged, it’s important for citizens to have access to courts so the public can see that crimes are investigated, and defendants have to stand before the court and receive punishment for their crimes,” Bender said.

This story was originally published September 20, 2018 at 6:59 PM.