SAN RAFAEL (CBS SF) – Marin County Superior Court Judge Andrew Sweet delayed a decision Wednesday morning on whether to unseal a probable cause document that was the basis for four murder charges filed against alleged serial killer Joseph Naso.

The Marin County District Attorney’s Office wants the document to remain sealed, and claims it is not a part of the judicial proceeding that should be public.

“These documents are not judicial records subject to procedural rules,” Deputy District Attorney Dori Ahana said.

Duffy Carolan, an attorney who represents several media outlets that want the document unsealed, said the prosecution has the burden of proof to show there is probable cause for filing the murder charges against Naso.

“These are not judge’s notes. Everything submitted about this proceeding is a court record,” Carolan said.

Naso, 77, told the judge he agrees the document should remain sealed. He is representing himself and was scheduled to enter a plea Friday morning.

Sweet took the matter under submission and said he would issue a written ruling “shortly.”

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)


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