Records sealed in Tennessee senator's child-abuse case

By The Associated Press

12.10.01

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Tennessee state Sen. Doug Jackson, right, D-Dickson, walks into courthouse in Charlotte, Tenn., on Nov. 29 with his wife, Laura, center, and family friend, Maggie Clay, left.

ASHLAND CITY, Tenn. — A judge refused to make public the disposition of state Sen. Doug Jackson's child-abuse case, rejecting requests from both sides to unseal the records.

Circuit Judge Allen Wallace said at a hearing Dec. 6 that bids to open the records seemed driven more by news media interest in the felony case than the best interests of Jackson's 16-year-old daughter, Elizabeth.

Jackson, a Dickson Democrat, was indicted on charges of physically abusing the teen but reached a settlement with prosecutors just as his trial was to begin two weeks ago. In an unusual move, Wallace sealed the settlement and ordered those involved not to discuss it.

A source familiar with the case told the Associated Press that the settlement allowed the charges against Jackson to be dismissed but requires counseling for him and his family. The Tennessean also reported the same terms for the settlement, citing an anonymous source.

Both prosecuting and defense attorneys argued to open the records.

"It became apparent to my client, and then to me, that in our effort to protect his daughter from scrutiny, we had probably done the opposite," said Ed Yarbrough, a Nashville attorney representing Jackson.

Prosecutor Linda Kirklen said news reports about the settlement were "close to the truth but not exactly the truth." She described the settlement as "simple and fairly clear" and predicted "a faster death" to the news story if the record was opened.

The judge was not persuaded.

"I feel like we're here this morning for the benefit of the news media and not for the benefit of this child, and that kind of bothers me," Wallace said.

The judge said he was leaving the record sealed because it involves a minor.

"I think, on a factual basis and on a legal basis, I was right, and I still think I'm right," he said.

Representatives of The Tennessean say they are pursuing legal action to get the documents opened to the public.

"We believe post-trial records are open to the public," Tennessean Editor Frank Sutherland said. "Without referring to this case specifically, in general open court records help us protect democracy and avoid corruption."

Open-records advocates and a representative from a conservative media-watchdog group said they felt the record should be unsealed.

"It is true that the press doesn't always cover things as well or in the same way that judges would like to see it done, but inevitably the public always manages to get it right if the judges get it right," said Paul McMasters, First Amendment ombudsman for the Freedom Forum.

Roger Aronoff of Accuracy in Media, a conservative watchdog group based in Washington, D.C., said he generally doesn't oppose sealing court records involving a minor but said this closure could damage the senator's reputation.

"There's a strong implication that he might have done something pretty nasty," he said.

Last year, the Tennessee Press Association honored Jackson with its Legislative Quill award for his longtime support of press freedom and open government.

Update

Newspaper sues to unseal settlement in Tennessee senator's child-abuse case
'We filed this action because we believe there is an important public interest in knowing the outcome of a criminal case against a government official,' managing editor says.  12.25.01