It might endanger the state's case on appeal if it gives Capano's attorneys additional grounds for appeal. Their filings already have cited Lee's conduct from the bench. No one in the legal community with whom I've talked will say whether Lee's blabbing is subject to investigation by the Court on the Judiciary or the Office of Disciplinary Counsel. As Celia Cohen of the LawWeekly reported, Lee talked in his Hotel du Pont speech about what happened in his chambers on Dec. 17, 1998. Capano was about to commit perjury.
Rules of conduct require attorneys to disclose such potential perjury.
Only Capano and the defense team were in the meeting. The prosecution was not told the details. Behind the scenes Lee said the secrecy lid is taken off all such meetings at the time of the appeals because the details are in the official transcript. In other words, he doesn't think he incorrectly disclosed any secrets. Lee also said Capano would have been acquitted had his lawyers been allowed to conduct the defense as they wanted.