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Thursday, Feb. 07, 2013

Levy's killer back in court


mdoyle@mcclatchydc.com
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-- The man convicted of killing former intern Chandra Levy returned to court Thursday for the first time in two years, and questions concerning the credibility of a prosecution witness will remain secret for now.

Over the objections of defense attorneys and attorneys for several news organizations, District of Columbia Superior Court Judge Gerald I. Fisher ruled Thursday that the next court proceedings will be sealed again.

"Ultimately, what can be disclosed will be disclosed," Fisher said.

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  • ABOUT THE REPORTER

    alternate textMichael Doyle
    Title: National correspondent
    Bio: Michael joined the McClatchy Washington Bureau in 1988 and writes stories from Washington for The Bee. He's a graduate of Oberlin College, and earned a master of studies in law from Yale Law School, where he was a Knight Journalism Fellow. He also earned a masters in government from The Johns Hopkins University.
    Recent stories written by Michael
    On Twitter: @MichaelDoyle10
    E-mail: mdoyle@mcclatchydc.com

That left Ingmar Guandique, the 31-year-old Salvadoran immigrant serving a 60-year sentence for felony murder in Levy's death, to sit and listen impassively through a translating headset as attorneys skated over some secret new twists in his case.

His head shaven and his hands manacled, Guandique wore an orange jumpsuit instead of the jacket and sweater he wore during his November 2010 trial.

Fisher has sided with prosecutors in determining that safety considerations required closing the latest proceedings involving questions about a prosecution witness.

The judge's hand in controlling information was strengthened considerably Thursday when the D.C. Circuit Court of Appeals rejected a defense plea to reverse Fisher's earlier secrecy decisions.

Patrick Carome, an attorney for several news companies that have objected to the closed-door hearings, said he was very disappointed in the two courts' rulings to impose what he called blanket secrecy.

On Wednesday, before Guandique arrived in Washington, Fisher rejected requests to make public the transcripts from hearings on Dec. 18 and Jan. 4. Following up Thursday, Fisher revealed that he's given prosecutors until early April to spell out steps that might be taken to provide the public with some redacted details.

Guandique was summoned from prison for the hearing Thursday. A jury concluded in 2010 that he had killed the 24-year-old Levy in Washington's Rock Creek Park on May 1, 2001, shortly before she was to return to her family's home in Modesto.

The case had seemed settled after Guandique's 2011 sentencing, save for an oft-delayed appeal, until Justice Department prosecutors reported late last year that they had information that might impeach the credibility of one of their witnesses.

The witness' identity, the nature of the new information and its overall importance haven't been made public, and the hearings in December and January were conducted out of earshot of the sole reporter present.

Bee Washington Bureau reporter Michael Doyle can be reached at mdoyle@mcclatchydc.com or (202) 383-0006.