For those of you who have been following the bouncing ball of the Kobe Bryant case, you are likely aware that County Court Judge Frederick Gannett issued his order last week regarding unsealing of the court's file.

As you may also be aware, various media, including the Vail Daily, had asked the court to unseal its file to release the arrest and search warrants and other records giving rise to charges being brought. I have been privileged to represent The Daily in this matter and other matters relating to the Bryant case.

What the court's order said is the easy part. What the order means may be another thing entirely.

First, however, what it says:

Judge Gannet, in a conscientious, 16-page opinion, recognized the competing interests guaranteed under the First and Sixth Amendments to the United States Constitution that are called into question in this matter.

The First Amendment guarantees a free, open and unfettered press. The Sixth ensures the right of an accused to a fair and impartial trial. Unspoken but implicit in the court's order was the recognition that the press is a surrogate of The People, that it is The People's eyes and ears and conscience. And a free and open press ensures that justice is not prosecuted in the shadows - that, in the words of the late, great Justice William O. Douglas, "a democracy cannot function unless the people are permitted to know what their government is up to."

Too, a free and open press guarantees the accused that he is not falsely accused and that due process is meted out with equanimity. The surest way to protect against prosecutorial misconduct is to know the press is watching every move. This, in turn, protects, not compromises, the rights of the accused.

Judge Gannett ordered that the files be unsealed in their entirely with three exceptions. First, the arrest warrant affidavit shall remain sealed. Second, the affidavit supporting the Rule 41.1 petition shall remain sealed. And third, the search warrant affidavit shall remain sealed. Rule 41.1 of the Rules of Criminal Procedure is denominated "Non-Testimonial Identification" and provides, in essence, that the accused by brought in and identified by "non-testimonial" means; that is, bring me the corporeal being of the accused and ensure that the accused is, in fact, the person being sought.