Judge declines to second-guess decision in Beason documents case

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buy this photo Logan County Sheriffs Steve Nichols walks from the Logan County Courthouse in Lincoln following Wednesday's (Oct. 28, 2009) arraignments of Christopher J. Harris, and his brother Jason L. Harris 2009. The Harris brothers both entered pleas of not guilty in the slayings of five members of the Gee family of Beason. (The Pantagraph/STEVE SMEDLEY)

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LINCOLN -- A judge declined Thursday to second-guess a decision by another judge to seal search warrants in the Beason murder case that are the subject of a lawsuit by three newspapers.

The Pantagraph, the Herald & Review in Decatur and Springfield's State Journal-Register are seeking access to the Logan County records related to the slayings of Rick and Ruth Gee and three of their children.

Christopher J. Harris and Jason L. Harris face more than 60 charges, including first-degree murder, armed robbery and the attempted criminal sexual assault of victim Justina Constant. They also are accused of the attempted murder of 3-year-old Tabitha Gee.

Media lawyer Don Craven was given notice Wednesday that an order was filed Oct. 23 and signed by Logan County Judge Thomas Harris to seal the records.

According to the Illinois attorney general's office, Logan County prosecutors asked for the closure after consulting with the state office, which is assisting the local prosecutors with the homicide case.

At a hearing Thursday in Lincoln, Craven asked Woodford County Judge Charles Feeney III to consolidate the recent court order with the newspaper lawsuit, a request Feeney rejected.

"This court is not going to be an appellate court for the ruling by Judge Harris," said Feeney.

The newspapers filed a petition Oct. 23 against Logan County Sheriff Steve Nichols and Logan County Circuit Clerk Suzann Maxheimer to ask that search warrants in the Gee case and others dating back as far as nine years be open to the public. As sheriff, Nichols is charged with returning the search documents to the clerk and Maxheimer is responsible for maintaining the records.

Judge Harris recused himself from hearing the media case because it involves two Logan County officials.

The practice of keeping records secret is improper, Craven argued.

"The constitutional presumption of open access to records is not a game of hide and seek," said Craven.

The Gee case documents involve a search warrant returned Oct. 22 by Nichols, said Kara Smith, deputy chief of staff for Illinois Attorney General Lisa Madigan. She said Judge Harris signed the order late on Oct. 22 but it was not filed with the clerk until the following day, after the media lawsuit was filed.

"The prosecutors determined that all of the information was of such a nature that they decided to seek a seal before the arraignments," Smith said.

The Harris brothers were arraigned Oct. 28.

The documents will remain sealed "just as long as the information remains sensitive," Smith said.

Logan County prosecutors have been advised of a 2007 opinion by Illinois Attorney General Lisa Madigan that deemed search warrants to be open records, Smith said.

The next step in the records challenge will be a request to present arguments to Judge Harris on his decision to sign the court order and a second hearing in Feeney's courtroom on the closure of all the search warrants. Dates have not been set for those hearings.

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