Judge in Loughner case holds off in releasing records

The federal judge in the Jared Loughner case denied a motion by The Arizona Republic and 12 News to unseal inventories of search warrants served in the case, but he told both defense and prosecuting attorneys that the situation likely will change as soon as a superseding indictment is issued.
A superseding indictment would contain additional criminal charges against Loughner and is expected to be issued before his next hearing March 9.
U.S. District Judge Larry A. Burns also refused during Friday's hearing to rule on a motion from Loughner's attorney, Judy Clarke, to seal mug shots of Loughner taken by the U.S. Marshals Service when he was placed in federal custody in connection with a mass shooting near Tucson last month.
The shooting left six people dead and 13 wounded, including U.S. Rep. Gabrielle Giffords.
The Arizona news organizations had asked the courts to unseal the search-warrant inventories listing items seized from Loughner's house in two searches shortly after the shootings. Prosecutors and defense attorneys opposed the request.
The matter was heard in San Diego, the home district for Burns, who has been assigned the case. Loughner did not attend.
Burns noted during the hearing that most of the information in the warrant returns has already been disseminated to the press. But he made clear that once a superseding indictment has been issued, the issue will be revisited.
Case law dictates that search-warrant returns need not be made public before an investigation has been completed and a defendant indicted.
David Bodney, attorney for the news organizations, argued that both milestones had been passed. Loughner has been indicted on three counts, although more counts are expected.
Although an FBI spokeswoman told the media that the probe had been turned over to the U.S. Attorney's Office, an assistant U.S. attorney told Burns the investigation was ongoing.
Burns sided with prosecutors and the defense for now but noted that redactions they proposed when the information is released should be more specific.
Loughner's defense team also asked Burns to seal Loughner's mug shots, which media organizations have requested from the U.S. Marshals Service. Such mug shots generally are not released by federal courts except in the 6th District, which is in the Midwest.
Burns said he had no authority to overrule a decision by that district, particularly because Arizona is not a part of it. Theoretically, that means media outlets will be able to get to the photos of Loughner through that district.
Burns, who had seen the photos, said they were "tamer" than the photo of Loughner taken by the Pima County Sheriff's Office and widely circulated after the shootings. "We're making these photographs seem more ominous than they really are," Burns said. "I do not see any serious threat to his ability to get a fair trial if the photos are released."
Despite not getting the search-warrant returns released immediately, Bodney was pleased with the judge's rulings.
"Judge Burns showed great sensitivity to the public's right to inspect these federal records, and I am optimistic that he will allow inspection once a superseding indictment has been filed or the government admits its investigation has concluded," Bodney said.