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State v. Dixon6/3/2005
ourtroom for announcement of the verdicts. Having so concluded, we must determine if such error was harmless. The discussion of harmless error in Canady is instructive. The federal court stated: "This is a critical inquiry because, if harmless error analysis is applicable, we have little doubt that the verdict would be the same and that therefore the error would be harmless." 126 F.3d at 363.
The federal court continued:
"While there are some errors to which harmless error analysis does not apply, 'they are the exception and not the rule. Accordingly, if the defendant had counsel and was tried by an impartial adjudicator, there is a strong presumption that any other errors that may have occurred are subject to harmless-error analysis.' Rose v. Clark, 478 U.S. 570, 578-79, 106 S.Ct. 3101, 3106, 92 L.Ed. 2d 460 (1986) (citation omitted). Nonetheless, there are 'some constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error.' Arizona v. Fulminante, 499 U.S. 279, 308, 111 S.Ct. 1246, 1264, 113 L.Ed. 2d 302 (1991) (plurality opinion). These so-called 'structural errors' are 'defects in the constitution of the trial mechanism' which affect the 'entire conduct of the trial from beginning to end,' and include, inter alia, 'the absence of counsel for a criminal defendant,' 'the presence on the bench of a judge who is not impartial,' and 'the right to a public trial.' Id. at 309-10, 111 S.Ct. at 1264-65.
"While the Court in Fulminante listed the deprivation of the right to a public trial as a 'structural error,' we have recognized that not every violation of that right is free from harmless error review. See, e.g., Rushen [v. Spain], 464 U.S. [114,] 118-19, [78 L.Ed. 2d 267, 104 S.Ct. 453 (1983)] (finding ex parte communication between judge and juror to be harmless); Yarborough v. Keane, 101 F.3d 894, 898 (2d Cir. 1996) (holding that defendant's exclusion from hearing to question witness was harmless because hearing was 'extremely brief,' 'not even a part of the trial proper,' and 'of little significance'), cert. denied, 520 U.S. 1217, 117 S.Ct. 1706, 137 L.Ed. 2d 831 (1997); cf. Peterson v. Williams, 85 F.3d 39, 44 (2d Cir.) ('trivial' and 'inadvertent' closure of trial during defendant's testimony did not violate public trial guarantee), cert. denied, 519 U.S. 878, 117 S.Ct. 202, 136 L.Ed. 2d 138 (1996). Nonetheless, the rendering of the court's decision, following a criminal bench trial, is qualitatively different from these minor violations of the public trial guarantee.
"The announcement of the decision to convict or acquit is neither 'of little significance' nor 'trivial;' it is the focal point of the entire criminal trial. To exclude the public, the defendant, the prosecution, and defense counsel from such a proceeding--indeed not to have a proceeding at all--affects the integrity and legitimacy of the entire judicial process. Accord Guzman v. Scully, 80 F.3d 772, 776 (2d Cir. 1996) (' t is well-settled that a defendant whose right to a public trial has been violated need not show that he suffered any prejudice, and the doctrine of harmless error does not apply.'). 'While the benefits of a public trial are frequently intangible, difficult to prove, or a matter of chance, the Framers plainly thought them nonetheless real.' Waller, 467 U.S. at 49 & n. 9, 104 S.Ct. at 2217 & n. 9 ('defendant should not be required to prove specific prejudice in order to obtain relief' for violation of public trial right). In view of our long history of public open trials, we hold that the failure to publicly announce in open court the decision following a criminal bench trial is an error of constitutional dimension that affects the fram
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