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A California judge has secretly sealed every court record in the murder case against a couple accused of gunning down their transgender son-in-law – even hiding the identity of the judge who ordered the records locked away.
The sweeping move has sparked outrage among First Amendment experts, who say the decision appears to violate laws guaranteeing public access to court proceedings.
Shouyong Zhang and Shili Chen, both 77, are charged with murder and lying in wait in the Sept. 26 killing of Jonathan McKinsey, 40, a New York Times gaming executive who was shot dead in broad daylight at the Dublin Sports Grounds.
The couple allegedly plotted the attack amid a bitter divorce and child custody dispute involving their daughter, Candice Jang, and McKinsey.
The secret order blocks public access to the criminal complaint, police declarations and other documents in the prosecution — including the order itself, Mercury News reported.
“That’s not supposed to happen that way,” Matthew Cate, a Bay Area attorney specializing in public access cases, told the outlet, citing protections under the First Amendment, California’s Constitution and state law.
“I can’t imagine what would justify sealing an entire case file,” he added.
David Loy, legal director of the First Amendment Coalition, described the blanket sealing as an “egregious” departure from the legal presumption that criminal court records should remain public.
“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 blasted the decision to conceal the judge’s identity, warning that the public could not determine whether the judge had a potential conflict of interest.
The Alameda County courts confirmed the sealing order’s existence but declined to comment, according to the outlet. The order does not appear to prevent future court hearings from being open to the public.
Police records previously released by the Alameda County District Attorney’s Office said officers arrested both suspects following a high-risk traffic stop shortly after the shooting.
Chen allegedly had one of the suspected murder weapons and refused to speak with investigators, while Zhang admitted to shooting McKinsey, according to the documents.
The couple’s separate divorce case remains publicly accessible, revealing allegations of abuse and harassment between the estranged spouses.
McKinsey had also accused his in-laws of transphobia and alleged they directed homophobic slurs at one of the children.
Zhang and Chen remain jailed without bail and face potential life sentences without parole.