Court Refuses to Release Court Transcript From Public Hearing to Victim's Family

The parents of a teenage girl were refused when they requested a transcript from the sentencing hearing of a man convicted of battering their daughter.

Patch also requested a transcript of the Nov. 4 hearing and were told by court personnel it could not be provided without the special permission of a judge.

"That case, the judge has informed us that we have to obtain court orders from anybody who's requesting transcripts on those so you would have to go before the judge and get a court order saying that it is OK to release transcripts on this," said court reporter Tracy Hoyt.

Hoyt's supervisor, James Stramaglia, said he spoke with Judge Bennett Braun and was told by the judge that "anybody who wants the transcript has to come before me."

"I think it's the nature of the case," Stramaglia said.

The case involved misdemeanor charges of battery and sexual exploitation of a child against Plainfield resident Clinton Kuchta. Kuchta, 31, was acquitted of the sexual exploitation charges but found guilty of battery. He was sentenced to 364 days in jail.

The father of the 15-year-old girl Kuchta was convicted of battering said his daughter wanted the transcript of the sentencing hearing "for her healing process."

"Because of what the judge said at the sentencing, she said she just wants a copy of it," the father said.

According to the father, Judge Braun called Kuchta the "luckiest man" in his courtroom and told him if he had been charged with a felony, "I would have found you guilty of that."

The father said he filed a motion to appear before Judge Braun next week to again ask for the transcript.

Esther Seitz, an attorney for the Illinois Press Association, said Judge Braun was wrong to withhold the court transcript.

"The transcript should be released," Seitz said. "It should be open if the hearing was part of an open session."

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