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  Judge Bars Media from Disclosing Names of Alleged Shanley Victims

Associated Press, carried in Daily News Tribune [Boston MA]
January 5, 2005

BOSTON -- A judge, acting at the request of prosecutors, issued an order Tuesday barring the news media from disseminating the names of the alleged victims in the upcoming child rape trial of defrocked priest Paul Shanley.

Superior Court Judge Charles Spurlock issued his order after The Associated Press moved a story that included the names of two alleged victims, one of whom is expected to testify against Shanley at his trial on child rape charges later this month.

The name of the alleged victim has been published repeatedly by the AP and other news organization since 2002, when he filed a civil lawsuit against Shanley and gave numerous newspaper and television interviews.

Spurlock cited a state law dating back to the 1980s that says that court or police records containing the name of the victim in a criminal case involving rape or assault with intent to rape "shall be withheld from public inspection, except with the consent of a justice" of the court where the case is being prosecuted.

The law says it is unlawful to "publish, disseminate or otherwise disclose the name of any individual identified as an alleged victim" of rape or attempted rape.

The AP has a policy of not identifying rape victims if they wish to remain anonymous. Two alleged victims who have been involved in the criminal case against Shanley have been publicly identified since 2002; one alleged victim gave his first interviews about his allegations soon after Shanley was arrested in California.

The AP plans to appeal the judge's order, said Edward Bell, bureau chief of the Boston office of the AP.

The Middlesex District Attorney's Office, which sought the court order, declined to comment.

"I think the court order and the statute speak for themselves," said spokeswoman Emily LaGrassa.

Jury selection is scheduled to begin in Shanley's trial on Jan. 18.

 
 

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