An attorney for The Salt Lake Tribune on Tuesday argued history and the law favor opening search warrants connected to the Susan Powell disappearance case to the public.
"Public access to warrant materials serves as a check on the judiciary because the public can ensure that judges are not merely serving as a rubber stamp for the police," attorney Michael O'Brien wrote in a motion filed in state court.
The newspaper is asking a judge to reverse an order sealing search warrants executed in the search for Powell. West Valley City police have said they have served three search warrants. Two have been served on the Powell family home and van and one warrant took biological samples from her husband, Joshua Powell.
Search warrants in Utah are filed with a court and made public after 20 days, and typically include statements from police about why they have probable cause to search and a list of what they seized. Investigators this week continued to characterize Powell's disappearance as a missing persons case, although they have called Joshua Powell a person of interest.
In the motion filed Tuesday, O'Brien said to seal court documents, a judge must find disclosure would create a "substantial probability" of harming a defendant's right to a fair trial or there is another compelling reason.
"The fact that this is a high-profile case does not change this analysis," O'Brien wrote. "If the law were otherwise, then no negative information about a criminal matter in any high-profile case would ever be released."
It was not immediately clear when a judge would review or rule on the motion. West Valley Police have referred comment on the search warrants to the Salt Lake County District Attorney's Office. A spokesman for that office declined comment Tuesday.
Susan Powell, 28, was reported missing Dec. 7. Police say Joshua Powell told them he last saw his wife when he took their two young sons on a camping trip about 12:30 a.m. that day. Joshua Powell has answered few other questions and refused further interviews with investigators since then.
