Tyco Judge Asked to Unseal Transcripts

By: (AP) News organizations on Monday asked the judge who heard the Tyco International grand-larceny trial to unseal transcripts of meetings that led him to declare a mistrial last week.

Lawyer Carolyn K. Foley, representing nine news organizations, including The Associated Press, asked the judge to act "for the purpose of enforcing the public's right of access to the transcripts of hearings" and other materials from the proceedings that led to the mistrial.

State Supreme Court Justice Michael Obus, who ended the trial Friday after nearly six months of testimony and on the 12th day of jury deliberations, scheduled a hearing on the matter for Wednesday.

The jurors had deliberated the fates of L. Dennis Kozlowski, 57, Tyco's former chief executive, and Mark H. Swartz, 43, the company's former chief financial officer, who were accused of looting Tyco of $600 million.

Before ending the trial, Obus had heard several mistrial motions related to negative news coverage of one juror and about that juror's receipt of an intimidating letter and telephone call after some news outlets published her name.

Saying he had "no choice," Obus cited the publicity about the named juror and the subsequent intimidating contact she received as reasons for declaring the mistrial. He said he believed the juror and her family had been treated unfairly.

Foley said now that a mistrial has been declared no governmental interest was served by keeping the transcripts sealed.

Whatever threat that media access to the proceedings would have posed "has passed now that the jury has been dismissed," Foley wrote in court papers.

Foley also noted that several jurors have given lengthy media interviews, offering their versions of how events unfolded over the past couple of weeks and even speculating about the motives of other jurors.

Besides the AP, news outlets asking for the unsealing of the transcripts are The New York Times; Newsday of Melville, N.Y.; Forbes; NBC; Dow Jones & Co.; The Washington Post; Reuters Group PLC and Bloomberg LP.

Kozlowski and Swartz were charged with grand larceny, conspiracy, falsifying business records and violations of the state's business law -- specifically, securities fraud.

Defense lawyers said that the two earned everything they received and that the board of directors and auditors knew about all of their compensation and never objected.

Obus ordered Kozlowski and Swartz to return to court May 7, when a tentative retrial date is expected to be set.