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PG wins access to letters used in sentencings

PG wins access to letters used in sentencings

The Pittsburgh Post-Gazette won an appeal to the state Supreme Court this week that will make letters of support used in sentencings public records, even if they are not made a part of the formal court record.

The newspaper filed a petition requesting such letters during the sentencing hearing for Gilbert J. Martinez, the former supervisor in the Pittsburgh controller's office, who pleaded guilty to selling cocaine from his office.

Mr. Martinez was originally charged with the crime in 2001. He subsequently fled, and planned to go to Cuba. However, he was eventually caught in a Meadville motel room. He pleaded guilty to selling cocaine and other charges.

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At Mr. Martinez' sentencing in February 2004, County Common Pleas Judge Donna Jo McDaniel said she received numerous letters on Mr. Martinez' behalf, including from family members and government officials.

Later, when the Post-Gazette requested the letters, the judge refused, saying they had not been made part of the official court record.

In its 12-page opinion, the Superior Court said that was not a valid reason in refusing to release such documents.

"It has been often repeated that public access to documents which play a role in the performance of a judicial function encourages public confidence in the administration of justice," the court wrote.

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Mr. Martinez, 66, is currently serving a 5-to-10-year sentence at the State Correctional Institution at Somerset.

First Published: February 7, 2007, 5:00 a.m.

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