DA cites witness protection for sealing Bey case

The Allegheny County district attorney’s office on Monday filed its response opposing the Pittsburgh Post- Gazette’s motion to unseal court records in the case of Christian Bey, accused of killing city police Officer Calvin Hall in Homewood following an argument July 14.

In the days following the shooting, city police arrested Bey, but the criminal complaint to support the arrest was sealed, a preliminary hearing was not held and the case was taken to the county indicting grand jury. The Post- Gazette requested and was granted permission to intervene and followed up with a motion to unseal the records.

The DA’s response, filed with Common Pleas Judge Jill Rangos, the supervisor of the indicting grand jury, says state rules governing such grand juries allow a case to be sealed if there is fear of witness intimidation.

It noted that the judge “determined that the factual circumstances surrounding the present case support a finding that witness intimidation has occurred, is occurring or is likely to occur,” and she had granted the DA’s motion to seal.

The “factual circumstances” referred to are not spelled out in the response.

“The Commonwealth does not dispute that in many situations, [ the PostGazette] does have a right to access court hearings and/ or records,” the response says. “This right, however, is not absolute.”

The DA also rejected the Post- Gazette’s assertion that it has common law and constitutional rights to access.

There has been no indication of a hearing date on the challenge.