Papers want to unseal Sen. Heinz estate records
pittsburghlive.com
By Eric Heyl
TRIBUNE-REVIEW
Wednesday, August 18, 2004
Two newspapers want a judge to unseal the estate records of the late Sen. H. John Heinz III, contending the documents possibly could shed light on Massachusetts Sen. John Kerry's presidential campaign.
The Morning Call of Allentown and the Los Angeles Times petitioned Allegheny County Court to make the records public. Common Pleas Administrative Judge Frank Lucchino has scheduled a Sept. 14 hearing on the request.
Heinz, a popular Republican senator from Fox Chapel and heir to the Heinz food fortune, was killed in an April 1991 plane crash. His widow, now known as Teresa Heinz Kerry, inherited his wealth and married Kerry in May 1995.
The day after John Heinz died, Common Pleas Judge Nathan Schwartz ordered that all documents in the senator's estate be shielded from public view. The court edict did not reveal why the records were sealed and did not indicate a hearing was held on the matter.
Probate records generally are public information in Pennsylvania. The newspapers' petition states the public has a constitutional right to inspect such records.
"There is no indication ... that this estate requires special treatment that justifies maintaining the blanket sealing order currently in place," states the petition filed by attorneys Scott Henderson of Pittsburgh and Kelli Sager of Los Angeles. "In fact, records relating to the estate of Senator Heinz's mother remain available to the public in San Francisco County Probate Court."
The litigation was filed July 9, which was 20 days before Kerry accepted the Democratic nomination for president at the party's convention in Boston. Kerry's political ascension provides a compelling reason to unseal the records, the petition notes.
"These records would provide valuable insight into the extensive philanthropic activities of Mrs. Heinz Kerry, and answer questions about whether those activities bear any relationship to the presidential campaign of her husband ... Democratic nominee Sen. John Kerry."
The newspapers are not seeking sensitive financial information such as account numbers, Social Security numbers and personal contact information. If such information is contained in the records, it could be withheld by the court, the petition states.
The Kerry campaign referred comment to attorney Paul Bschorr of New York.
"We believe it is an unwarranted invasion of the privacy of the family and an affront to the memory of the late senator," Bschorr said. "The executors will continue to vigorously oppose this application."
The Times and the Morning Call are owned by the Chicago-based Tribune Co., which also owns the Chicago Tribune.
Eric Heyl can be reached at eheyl@tribweb.com or (412) 320-7857. |
