Montco judge unseals portions of Heinz suit

Philadelphia Inquirer ^ | 10/30/04 | Keith Herbert

[conservative in nyc]

A Montgomery County judge unsealed yesterday portions of a civil lawsuit brought by Teresa Heinz Kerry over the 1991 death of her first husband, U.S. Sen. John Heinz.

Judge Paul W. Tressler's ruling was a split decision for the parties - Heinz Kerry and The Inquirer. While he unsealed all pleadings, motions, petitions and orders, Tressler said that discovery materials in the lawsuit file could be kept secret.

Tressler ordered the file be open for public inspection on Monday. But yesterday afternoon, the state Supreme Court granted Heinz Kerry's attorneys a stay that would keep the file closed until the court can review their appeal.

Lawyers for Heinz's survivors "have failed to offer a compelling reason to keep the record sealed," Tressler said in his 24-page ruling.

The Inquirer sought to open the records on Oct. 8 because they contain documents about the Heinzes' finances. Lawyers for the paper argued at a hearing this week that the file has renewed relevance because Heinz Kerry could soon become first lady.

--snip--

As for personal security of the Heinz family, Tressler said security risks posed by new interest in the lawsuit would be "negligible in comparison to the security risks that will arise if Sen. Kerry becomes president and Teresa Heinz becomes the first lady."

[conservative in nyc]

Bottom line --- the Heinz estate court papers will remain closed until the Pennsylvania Supreme Cout can review the Heinz appeal. I doubt that will happen before the election.