An attorney for The Topeka Capital-Journal filed a motion Thursday to intervene in the case of a Holton man charged with sex crimes and ask Jackson County District Judge Norbert Marek to release a transcript of a private meeting with a juror.

In his filing, attorney Maxwell Kautsch argues a decision not to make the transcript public would be unconstitutional.

The Capital-Journal on April 21 filed a written request for a transcript detailing a meeting, called an in camera hearing, between Marek, a juror and the prosecutor and defense attorney. The meeting took place on April 20, the last day of the trial. It wasn’t held in open court, but a court reporter was present.

"Because criminal trials and jury selection are presumptively open procedures, and because such openness is for the public’s benefit, the in camera hearing and de facto sealing of its record are unconstitutional," Kautch wrote.

He also argued Marek didn’t follow correct procedure before conducting the private meeting.

Reporters from The Capital-Journal covered each day of the trial, and none of them heard a reference to the in camera interview.

U.S. Supreme Court precedent has held that courts face a very high bar when closing proceedings or sealing records when the hearing involved "has historically been open to the press and general public," Kauth argued.

Previously open proceedings and records "cannot be closed unless the Court employs procedural safeguards … In this matter, those safeguards were not utilized."

"The record does not appear to reflect specific findings were made to justify conducting the hearing out of view of the jury and the public," Kautch wrote.

Ewing, 22, was found not guilty of charges of aggravated criminal sodomy of a child under 14 years old and indecent liberties. He faces three more trials scheduled through the end of the year on four counts of rape and a single count of attempted rape.

Attorneys are expected to argue the release of the transcript Friday.

Contact reporter Luke Ranker at (785) 295-1270 or @lrankerNEWS on Twitter. Like him on Facebook at facebook.com/lukeranker.