Pubdate: Tue, 4 Dec 2001 Source: Recorder, The (CA) Copyright: 1999 NLP IP Company Contact: http://www.callaw.com/ Details: http://www.mapinc.org/media/652 Author: Jason Hoppin PANEL UNSEALS ALLEGATIONS AGAINST DAVIS Can't See Need To Keep Felon's Claims Secret The 9th U.S. Circuit Court of Appeals on Monday told a Sacramento federal judge to unseal a convicted felon's allegations that a high-ranking politician -- now known to be Gov. Gray Davis -- engaged in public corruption. Ruling on the case for the second time, the panel rejected Senior U.S. District Judge Lawrence Karlton's claim that redacting Davis' name was necessary to protect his reputation and Nathanson's safety. While running for lieutenant governor, according to former Coastal Commissioner Mark Nathanson, Davis sought Nathanson's help in winning favors for developers whom Davis saw as potential campaign contributors. Nathanson was convicted in 1993 of soliciting bribes in exchange for favorable treatment by the commission. Nathanson made the allegations through two of his lawyers to the Sacramento U.S. attorney in hopes of gaining leniency. The letters were sealed by Karlton to protect the reputations of a then-unnamed "high public official" and a still-unnamed Southern California real estate developer whom Nathanson also accused. Karlton found Nathanson not to be credible. But a unanimous three-judge panel ruled that reputation is no reason to seal an otherwise public document. "The high public official has no privacy interest in allegations, baseless though they may be, that touch on his conduct in public office or in his campaign for public office," 9th Circuit Judge John Noonan wrote. The letters were sent in 1993 and 1994, one prior to Nathanson's sentencing to five years in prison and the other a year later. Nathanson's plea agreement stated the government could move to reduce Nathanson's sentence if he proved cooperative. In 1996 the government got Nathanson's sentence reduced one year, in part for "assistance he had provided the government." Prosecutors said Nathanson had helped in a civil case in Los Angeles. In preparing for Nathanson's 1999 probation revocation hearing, a Sacramento Bee reporter noticed documents were missing from the case file. The newspaper asked Karlton to unseal them. Karlton released redacted versions of the letters, which allege specific instances when Davis sought Nathanson's help on matters before the Coastal Commission that were of interest to potential campaign contributors. Nathanson also alleged that the real estate developer agreed to pay him a "consulting fee to disguise the payment arrangement." "[Nathanson] also knows a lot about [redacted] generally and can probably provide you with very good insights into [redacted] personally and who else might know similar types of things about him," wrote Baker Botts partner Stephen Braga in the first letter. A year later, San Francisco solo Jerrold Ladar wrote: "[Redacted] also wanted a list of people for whom Nathanson had done favors relating to the Coastal Commission so that he could call those persons. Using Nathanson's name, [redacted] would try to obtain contributions." The Sacramento U.S. attorney's office did not comment Monday on In Re McClatchy Newspapers, 01 C.D.O.S. 10055. During lower court hearings, however, U.S. attorney John Vincent stated that Nathanson was not a trustworthy source. Rex Heinke, a partner at Akin, Gump, Strauss, Hauer & Feld who represented the newspaper, said his client intends to investigate the allegations. "Since the government has decided not to look into Mr. Nathanson's allegations, [The Bee] has decided to," Heinke said. Davis' lawyer, Remcho, Johansen & Purcell's James Harrison, declined to comment. Davis isn't named in the opinion, but the Sacramento Bee published a story nearly two years ago saying the redacted references were to Davis, and named him in court papers. The unnamed developer is represented by an attorney identified in court papers only as "Doe counsel." - --- MAP posted-by: Beth