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Judge to unseal transcripts from secret hearing for Cunningham co-conspirator

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Most of what was said during four days of secret court hearings for an admitted conspirator of former Congressman Randy "Duke" Cunningham will soon be made public.

U.S. District Judge Larry Alan Burns, who is overseeing the criminal case against New York businessman Thomas Kontogiannis, ordered portions of the transcripts from secret hearings in the case unsealed. His order to open the files came a week after a federal appeals court agreed with Burns' earlier inclination to make public most - but not all - of the transcripts.

"The court orders the unsealing and public release of the unredacted portions of the transcripts of the proceedings in this case on Feb. 21, 22 and 23, 2007, and April 24, 2007," reads Burns' short order, issued Monday.

Just how much will be kept still under seal is unclear.

The transcripts from Kontogiannis' case have been at the center of a legal tug of war for months, with government prosecutors fighting to keep them under wraps.

When Burns agreed in June to make the transcripts public, prosecutors took their battle to the 9th Circuit Court of Appeals - which rejected their arguments, and last week ordered the transcripts unsealed.

It is unclear why federal prosecutors opposed the release of the transcripts; they have not stated their reasons in open court.

Attorneys associated with the case declined comment or could not be reached Tuesday.

The North County Times has requested a copy of the recently unsealed transcripts, but they were not available to be released to the paper Wednesday.

Kontogiannis pleaded guilty in February to bribery for illegally helping finance the former congressman's purchase of a $2.5 million Rancho Santa Fe mansion.

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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