A California judge has sealed every court record in the murder prosecution of a couple accused of fatally shooting their transgender son-in-law—while even withholding the identity of the judge who approved the extraordinary order.
The sweeping decision has drawn condemnation from First Amendment advocates, who say it appears to conflict with laws requiring criminal court proceedings and records to remain accessible to the public.
Shouyong Zhang and Shili Chen, both 77, are charged with murder and lying in wait in the Sept. 26 killing of Jonathan McKinsey, 40. McKinsey, a New York Times gaming executive, was shot in broad daylight at the Dublin Sports Grounds.
Prosecutors allege the couple organized the attack during a bitter divorce and child-custody dispute involving their daughter, Candice Jang, and McKinsey.
The confidential order bars the public from viewing the criminal complaint, police declarations and other prosecution documents—including the sealing order itself, the Mercury News reported.
“That’s not supposed to happen that way,” Matthew Cate, a Bay Area attorney who focuses on public-access litigation, told the outlet. He pointed to protections established by the First Amendment, the California Constitution and state law.
“I can’t imagine what would justify sealing an entire case file,” Cate said.
David Loy, legal director of the First Amendment Coalition, called the blanket closure an “egregious” break from the longstanding presumption that criminal court records are public.
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“Court records are presumptively open to the public and every sealing should be the exception rather than the rule,” Loy told the Mercury News.
Loy also criticized the decision to hide the judge’s name, saying the lack of transparency prevents the public from determining whether the judge had a possible conflict of interest.
Alameda County courts confirmed that a sealing order exists but declined to discuss it, according to the outlet. The order does not appear to close future hearings to the public.
Police records previously released by the Alameda County District Attorney’s Office said both suspects were arrested after officers conducted a high-risk traffic stop shortly after the shooting.
According to those documents, Chen was allegedly carrying one of the suspected murder weapons and declined to speak with investigators. Zhang, meanwhile, reportedly admitted shooting McKinsey.
The couple’s separate divorce proceedings remain open to the public and contain allegations of abuse and harassment exchanged by the estranged spouses.
McKinsey had also accused his in-laws of transphobia and alleged that they directed homophobic slurs at one of the children.
Zhang and Chen remain jailed without bail. If convicted, they could face life in prison without the possibility of parole.
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