More info sealed in Carson killing

Letter kept secret; media seek warrants

PITTSBORO -- A court hearing to consider unsealing the search warrants in the Eve Carson murder case ended Monday with yet another document under seal.

Superior Court Judge Allen Baddour plans to decide today whether to make the documents available for public scrutiny. Media lawyers asked him to unseal the records, perhaps with some names or personal identifiers blacked out. Attorneys for both the prosecution and defense asked him to keep the documents sealed for at least 60 days.

Police found Carson's body in a wooded neighborhood near UNC-Chapel Hill about 5 a.m. March 5. Within days, they released security-camera photographs of suspects Demario Atwater and Laurence Lovette.

Since then, authorities have been tight-lipped about their case against the two men.

Last month, Baddour, Superior Court Judge Carl Fox and Chief District Court Judge Joe Buckner sealed six sets of records in the case.

In arguing for keeping the records away from the public eye, District Attorney Jim Woodall handed Baddour an additional letter on the condition that its contents also be sealed.

Woodall gave no indication as to what the letter said or who wrote it. He presented it while discussing two confidential informants whose lives he said would be in danger if the search warrants were made public.

"I've got concerns about protecting the integrity of this investigation, protecting the lives of these informants, and ensuring the defendants' right to a fair trial," Woodall said. "[Police] feel that it's imperative that what's contained in these search warrants not be made public until they've concluded their investigation."

John Bussian, who represents the Durham Herald-Sun, said the Carson case is of "unparalleled public importance."

He said the "blanket nature" of the orders sealing the search warrants made it impossible to know what information the judges thought could be released and which should be sealed.

"Without seeing them, I'm kind of shadowboxing here," said Bussian, who also objected to Baddour's sealing the new letter. "I'm not sure whether ... somebody's safety was thought to be in jeopardy or whether pretrial publicity was the concern."

Jury impartiality

Public Defender James Williams, who represents Atwater, said that the Carson case has received unprecedented publicity and that he does not want that publicity to include any "untested" allegations contained in search warrants.

Defense attorney Karen Bethea Shields, who represents Lovette, said it's in everyone's best interest -- including the public's -- to keep the warrants sealed.

"We want to make sure that there is a fair and impartial jury pool," she said. "I think we all agree that we're looking for justice in this particular case."

After Baddour took the motion under advisement, Bussian said the public can't judge whether justice is being done without information.

"The public needs to know that the government asked to search somebody's home or property, and what the government's reasons were for doing it," Bussian said. "If you can't see the records, ... then how in the world is the public and press going to have confidence in the government's search and seizure powers?"