Steven McDonald
c/o Albany County Courthouse

Re: People v. Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy

Dear Mr. McDonald:

You have sought admission to the fourth floor courtroom for the above trial.

While we have never met, I understand you are a member of the New York City Police Department; that several years ago you were shot in the line of duty and as a result are paralyzed, confined to a wheelchair and require the continuous presence of a mechanical ventilator device. I also understand that the tragic circumstances of the shooting that caused your disability, your courageous struggle to address your injuries and challenges of life and the police and Service's support have been the subject of much publicity and media coverage.

This trial was moved from Bronx County because of the enormous publicity and the Court's finding that a fair trial could not be conducted in the Bronx. During the last two weeks of trial here, I have and will continue to endeavor to conduct a fair and impartial trial.

The courtroom where this trial is being held has limited seating. In order to accommodate you, your wheelchair will have to be placed in the middle of the center aisle well in view of the jury.

During the opening statements at least one of the attorneys made direct reference to you by name and indirectly to the risk of serious injury to police shot in the line of duty.

In my judgment, your presence would be a distraction to the jury; create the opportunity for members(s) of the jury to infer facts or emotions into this case which would be prejudicial to the People and/or the defendants; create the risk of a disruption to the orderly conduct of the trial and allow the presence of unsworn testimony to be within the direct purview of the jury.

As a member of the public you have the right to observe this trial. There is a third floor courtroom equipped with a closed-circuit television which is offered to you on a continuous basis without limitation, or alternative locations within the Sheriff's Department offices, if you wish. Under all the circumstances, I believe that this is a rational and reasonable accommodation to you and will insure that this case will be decided only on the evidence.

This decision is not out of any disrespect for you. In reaching this decision, I have balanced your right as a citizen to be present in the trial courtroom with the rights of the People and the defendants to a fair trial.