THE O.J. SIMPSON MURDER TRIAL : ACLU Seeks Release of Jury Dismissal Records : Courts: Media groups join in asking Ito to unseal transcripts of closed hearings that have led to ousters.

Launching their strongest attack to date on secret proceedings in the O.J. Simpson trial, the American Civil Liberties Union and several media organizations formally asked Superior Court Judge Lance A. Ito on Tuesday to release sealed transcripts of the closed hearings that have led to what appears to be the unprecedented dismissal of 10 jurors.

“Increasingly, the focus of both the public and the participants in the trial is on the reasons why so many jurors are being dismissed in this matter, and the ramifications of those dismissals for this trial and the government’s ability to retry Mr. Simpson in the event of a mistrial,” the ACLU motion says.

All records of hearings Ito has conducted in chambers on jury issues have been sealed, with the exception of a transcript about the dismissal of juror Jeanette Harris in April.

Ito has offered two reasons for sealing juror dismissal proceedings: to protect the privacy and security of current and former jurors, and to make it less risky for witnesses with allegations about jury misconduct to come forward. The ACLU motion emphasizes, however, that six of the last eight dismissed jurors have voluntarily given interviews to the media, an indication that privacy may not be their foremost concern.

The secrecy issue has intensified in recent weeks on two fronts. First, former jurors Francine Florio-Bunten and Willie Cravin said in interviews that they were dismissed unfairly. Then, Simpson’s attorneys indicated that if the dwindling panel--with only two alternates left--falls below 12 members, possibly necessitating a mistrial, they may seek to bar retrial of their client on double-jeopardy grounds.

Florio-Bunten said she was the victim of an anonymous letter falsely charging that she was exploring a book deal about her jury service. Cravin, who is African American, said he was targeted for dismissal because of his race. As he has with past excused jurors, Ito offered no explanation beyond saying the two were dismissed for “good cause.”

The ACLU first asked Ito to release the transcripts in a letter last month and decided to intensify its efforts because of the recent developments in the case, according to Douglas E. Mirell, one of the attorneys who drafted the organization’s motion.

“The unconstitutional impact of the sealing order in this case is all the more acute because it now appears that the dismissal decisions may be the single most important aspect of this trial,” the motion says.

Tuesday’s motion dovetails with a hearing scheduled for Friday on allegations by Simpson’s lawyers that prosecutors have selectively targeted certain jurors for dismissal, a charge that Dist. Atty. Gil Garcetti has called baseless.

The ACLU motion, filed by Mirell and David P. Crochietere, asserts that it is “established law” that transcripts of juror misconduct hearings are public records, that the sealing of such transcripts is “presumptively unconstitutional” and that Ito’s sealing order is serving no valid purpose.

“The shroud of secrecy surrounding these [juror] dismissals has simply fueled the public’s suspicion and cynicism about the legal system, and lessened the public’s confidence that the ultimate outcome of this case will be fair and just,” says a brief filed in support of the ACLU request by attorney Kelli L. Sager, who represents The Times and eight other media organizations, including four major television networks.

To buttress her argument, Sager quotes a 1994 federal appeals court decision that noted: “The issue of potential juror misconduct goes to the very heart of public confidence in the fairness or appearance of fairness in judicial proceedings. Once the specter of a tainted jury is raised, public scrutiny of the resolution of the issue is essential.”

Los Angeles defense lawyer Gerald L. Chaleff, who has been following the Simpson case closely, said he thought it would make good sense for Ito to release the transcripts.

“He has given the dismissed jurors both the shield of secrecy and the sword of being able to talk to the press,” Chaleff said. “Assuming the judge has made a good record in chambers, it would be in all of our interest to make it all public so we know exactly why each juror was excused and we do not have to rely on rumor, innuendo and whatever statements the excused juror makes.”