by
Judge M. Cathy Dowd
Sometimes judges in America forget they're in America.
Enter Flint's 68th District Court Judge M. Cathy Dowd.
She issued a protective order May 20 to block MLive and The Flint Journal from publishing details from the search warrant affidavit involving rape charges against former Michigan State University basketball star Mateen Cleaves. If ignored, she indicated she would begin contempt proceedings against the publications, MLive reports:
Dowd's order barred the publication from disseminating any information in the court file associated with Cleaves' case, including pleadings, evidence, search warrants or affidavits for search warrants. The judge's order claimed there was good cause to issue the order to ensure a fair hearing and to safeguard Cleaves, the alleged victim and any witnesses from harm, undue annoyance, intimidation, embarrassment or threats.
Fortunately, the publication appealed and Genesee Circuit Judge Archie Hayman, who understands the law and court procedures, overturned the order regarding the incident last September in Genesee County.
I've covered courts for decades now and there's ways for judges to deal with the media without ignoring the law. In high-profile cases, there is always that ongoing battle between the right of the public to know versus getting a fair trial. If you and I were on trial, of course we wouldn't want potentially damaging information to surface in the media.
But the court system is bigger than you and I. It's based on a transparency designed to prevent secretiveness and promote justice.
In this case, the high-and-mighty judge could have asked the media to be cautious about what materials were disseminated to the public, and of course, the media could comply or ignore. As long as the materials are not under seal, they're normally fair game.
Most media outlets voluntarily withhold names of woman who make accusations of rape. It's the right thing to do.
But what's not right is for a judge to swing her gavel as if she's a dictator bound by no laws.
After MLive and The Flint Journal won the case, they reported:
Police claim former Michigan State basketball star Mateen Cleaves twice dragged a woman back to a motel room as she attempted to flee from an alleged sexual assault, according to a search warrant in the case.
Police later searched Cleaves' home looking for "date rape drugs" including GBH, Rohypnol and Ketamine, according to an Oct. 15, 2015, search warrant affidavit obtained by Mlive-The Flint Journal from the Genesee District Court Clerk's office.
There's no indication that a date rape drug was found.
It would be a crime if he were convicted if he's not guilty and a crime if he walked free if guilty.
It would also be a crime if the public were barred from knowing what goes on in its judicial system.
