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676 KB
Extraction Summary
11
People
4
Organizations
2
Locations
8
Events
6
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
676 KB
Summary
This legal document argues that there is no absolute right for an accused person to know a witness's true name and address, citing various legal precedents and the Crime Victims' Rights Act. It emphasizes the strong public interest in protecting the identities of victims, particularly in sex abuse cases, to ensure their dignity, privacy, and safety, and to encourage future victims to report crimes. The document provides multiple examples of cases where courts have permitted victims, including minors, to testify using pseudonyms or partial names.
People (11)
| Name | Role | Context |
|---|---|---|
| Clark | Party in a lawsuit |
Party in the case Clark v. Ricketts, 958 F.2d 851, 855 (9th Cir. 1991).
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| Ricketts | Party in a lawsuit |
Party in the case Clark v. Ricketts, 958 F.2d 851, 855 (9th Cir. 1991).
|
| Doe No. 1 | Plaintiff/Victim |
Party in the case Doe on behalf of Doe No. 1 v. Nygard.
|
| Nygard | Defendant |
Party in the case Doe on behalf of Doe No. 1 v. Nygard.
|
| Doe No. 2 | Plaintiff/Victim |
Party in the case Doe No. 2 v. Kolko, which was quoted in the Nygard case.
|
| Kolko | Defendant |
Party in the case Doe No. 2 v. Kolko, 242 F.R.D. 193, 195 (E.D.N.Y. 2006).
|
| Kelly | Defendant |
Defendant in the case United States v. Kelly, No. 19 Cr. 286 (E.D.N.Y.).
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| Dupigny | Defendant |
Defendant in the case United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.).
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| Kidd | Defendant |
Defendant in the case United States v. Kidd, No. 18 Cr. 872 (VM) (S.D.N.Y.).
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| Benjamin | Defendant |
Defendant in the case United States v. Benjamin, No. 18 Cr. 874 (JSR) (S.D.N.Y.).
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| Raniere | Defendant |
Defendant in the case United States v. Raniere, No. 18 Cr. 204 (NGG) (E.D.N.Y.).
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| 9th Cir. | government agency |
Refers to the United States Court of Appeals for the Ninth Circuit, which decided Clark v. Ricketts.
|
| S.D.N.Y. | government agency |
Refers to the United States District Court for the Southern District of New York, where several cited cases were heard.
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| E.D.N.Y. | government agency |
Refers to the United States District Court for the Eastern District of New York, where several cited cases were heard.
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| United States | government agency |
The prosecuting party in the cases against Kelly, Dupigny, Kidd, Benjamin, and Raniere.
|
Timeline (8 events)
2019-05-08
2019-07-01
An order was issued in United States v. Kidd, permitting minor victims to testify under pseudonyms.
S.D.N.Y.
2019-10-17
A transcript was recorded in the case United States v. Dupigny, permitting the use of real first names and fake last names for witnesses.
S.D.N.Y.
2021-08-03
Locations (2)
| Location | Context |
|---|---|
|
Abbreviated as S.D.N.Y., the location of several court cases cited as precedent.
|
|
|
Abbreviated as E.D.N.Y., the location of several court cases cited as precedent.
|
Relationships (6)
The document cites the case United States v. Kelly, indicating a prosecutor-defendant relationship.
The document cites the case United States v. Dupigny, indicating a prosecutor-defendant relationship.
The document cites the case United States v. Kidd, indicating a prosecutor-defendant relationship.
The document cites the case United States v. Benjamin, indicating a prosecutor-defendant relationship.
The document cites the case United States v. Raniere, indicating a prosecutor-defendant relationship.
Key Quotes (5)
"[T]here is no absolute right of an accused to have a jury hear a witness’s true name and address."Source
— Clark v. Ricketts
(A quote from a 1991 9th Circuit court decision establishing that an accused's rights do not extend to knowing a witness's identity.)
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Quote #1
"[t]he right to be reasonably protected from the accused,"Source
— Crime Victims’ Rights Act
(A right granted to crime victims under 18 U.S.C. § 3771.)
DOJ-OGR-00005400.jpg
Quote #2
"[t]he right to be treated with fairness and with respect for the victim’s dignity and privacy."Source
— Crime Victims’ Rights Act
(A right granted to crime victims under 18 U.S.C. § 3771.)
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Quote #3
"has a strong interest in protecting the identities of sexual assault victims so that other victims will not be deterred from reporting such crimes."Source
— Doe No. 2 v. Kolko (quoted in Doe v. Nygard)
(A statement about the public interest in protecting victims' identities to encourage reporting of crimes.)
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Quote #4
"The Court is persuaded that, to protect the minor victims, they should be permitted to testify under pseudonyms and that such anonymous testimony does not violate Kidd’s Sixth Amendment rights."Source
— Court in United States v. Kidd
(A direct quote from a court order allowing minor victims to testify anonymously.)
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Quote #5
Full Extracted Text
Complete text extracted from the document (1,979 characters)
Case 1:20-cr-00330-PAE Document 380 Filed 10/29/21 Page 7 of 54
“[T]here is no absolute right of an accused to have a jury hear a witness’s true name and address.” Clark v. Ricketts, 958 F.2d 851, 855 (9th Cir. 1991). Strong public interests support limiting public disclosure of victim identities and other sensitive information. The Crime Victims’ Rights Act, 18 U.S.C. § 3771, requires district courts to implement procedures to ensure that crime victims are accorded, among other rights, “[t]he right to be reasonably protected from the accused,” and “[t]he right to be treated with fairness and with respect for the victim’s dignity and privacy.” Id. §§ (a)(1), (a)(8). Moreover, the public “has a strong interest in protecting the identities of sexual assault victims so that other victims will not be deterred from reporting such crimes.” Doe on behalf of Doe No. 1 v. Nygard, No. 20 Civ. 6501 (ER), 2020 WL 4890427, at *3 (S.D.N.Y. Aug. 20, 2020) (quoting Doe No. 2 v. Kolko, 242 F.R.D. 193, 195 (E.D.N.Y. 2006)).
These interests are particularly salient in sex abuse cases. Victims in such cases often testify or are referred to only using pseudonyms or without using their last names. See Aug. 3, 2021 Tr. at 53:13-55:2, United States v. Kelly, No. 19 Cr. 286 (E.D.N.Y.); Oct. 17, 2019 Tr. at 32:1-36:6, United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.) Dkt. No. 198 (permitting use of real first names and fake last names); Order at 10-11, United States v. Kidd, No. 18 Cr. 872 (VM) (S.D.N.Y. July 1, 2019), Dkt. No. 60 (“The Court is persuaded that, to protect the minor victims, they should be permitted to testify under pseudonyms and that such anonymous testimony does not violate Kidd’s Sixth Amendment rights.”); May 8, 2019 Tr. at 6:20-21, United States v. Benjamin, No. 18 Cr. 874 (JSR) (S.D.N.Y.), Dkt. No. 53; Order at 29-35, United States v. Raniere, No. 18 Cr. 204 (NGG) (E.D.N.Y. May 6, 2019), Dkt. No. 622; United States v.
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