Mary Gasparini does not know what all 1st year law students know - that in criminal cases the prosecuted person is a Defendant, not a Respondent. By positioning a criminal Defendant as a Respondent, Mary Gasparini attempts to confuse the court and shift it toward civil standards of proof and civil procedure, and away from constitutional protections required of all criminal cases.
Judiciary Law 4 provides:
§ 4. Sittings of courts to be public. The sittings of every court within this state shall be public, and every citizen may freely attend the same, except that in all proceedings and trials in cases for
- assault with intent to commit rape,
- criminal sexual act,
- bastardy or
- filiation, the court may, in its discretion, exclude therefrom all persons who are not directly interested therein, excepting jurors, witnesses, and officers of the court.