Newspaper's lawyer will look at sealed documents in Susan Powell disappearance investigation
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A judge on Friday permitted a Salt Lake Tribune attorney to view sealed documents concerning the Susan Powell police investigation.

Those documents may include search warrants, which have been shielded from public view. The Tribune has filed a lawsuit to have them disclosed.

Third District Court Judge Judith Atherton told the newspaper's attorney, Mike O'Brien, he may view the materials but cannot share or discuss them with The Tribune .

Atherton's decision came at the end of a short hearing Friday to schedule written and oral arguments for the lawsuit. The Salt Lake County District Attorney's Office has until March 5 to file a written argument for keeping the search warrants sealed and O'Brien must respond 10 days later.

Deputy District Attorney Sandi Johnson said she also will argue The Tribune does not have standing to file a lawsuit over the warrants. Atherton said Johnson may make that argument, but the judge sounded suspicious.

"The press has a pretty strong interest in access," Atherton said.

O'Brien said he needed to view sealed documents in order to argue the merits of the case.

"I'm good, but I'm much better when I know what I'm arguing against," a smiling O'Brien told Atherton.

After the hearing, O'Brien said he will view the petition, which sealed the search warrants and perhaps the search warrants themselves.

West Valley City police have served at least four search warrants in their investigation of what happened to Powell: two on the family home and car, one on the car alone and one to take biological samples from Powell's husband, Joshua Powell.

O'Brien said the Deseret News and the Society of Professional Journalists also will join the lawsuit as plaintiffs.

ncarlisle@sltrib.com

Arguments pending » Police have served at least four warrants.
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