EFTA00013287.pdf

Type: pdf
Source set: data-set-8
Extracted text

Case 1:18-cr-00454-KPF Document 306 Filed 12/29/20 Page 1 of 2 
The Honorable Katherine Polk Failla 
United States District Judge 
Southern District of New York 
40 Foley Square 
NY, NY 10007 
December 29, 2020 
Re: Unites States v. Efrain Reyes 
18-cr-454 
Dear Judge Failla: 
MEMO ENDORSED 
I respectfully write as a member of the public and reporter for the New York Daily News 
covering the case of US v. Reyes, 18-cr-454. 
I write in regard to Reyes's change of plea hearing on 8/26/19 and sentencing on 4/13/20. 
I'm told the transcripts of both proceedings are under seal. There are also no sentencing 
submissions from the government or Reyes's attorney posted on the docket. 
Reyes died last month at his mother's apartment in the Bronx. He is the subject of public 
interest because he was the last person to share a cell with Jeffrey Epstein. 
As you are aware, there exists a presumption of access to court proceedings and judicial 
documents under both the common law and our Constitution. This presumption is overcome 
solely when Your Honor makes a specific finding on the record that a compelling interest in 
secrecy overrides this interest. Any restrictions of access must be narrowly tailored. 
"The public and press have a qualified First Amendment right of access to plea and sentencing 
proceedings." United States v. Alcantara, 396 F.3d 189, 191-2 (2d Cir. 2005). 
The presumption of access is based on the view that secrecy erodes trust in courts and judges, 
and access enhances trust. To keep these materials sealed would create the appearance that 
the presumption is designed to avoid -- that the Court is keeping a matter of public concern 
under wraps. 
I respectfully request that your Honor unseal the proceedings mentioned above and order the 
docketing of sentencing submissions for Reyes. Alternatively, I ask you make a finding on the 
record explaining why they should remain under wraps. 
Thank you for your attention. 
Stephen Rex Brown 
NY DAILY NEWS 
1 
EFTA0…
Open in the interactive archive →