A federal magistrate must decide whether to unseal what's been called "lurid and inflammatory" admissions contained in a plea agreement of a woman who pleaded guilty to murder in the beating death of her 5-year-old stepdaughter.

Federal Magistrate Judge Leslie Kobayashi heard arguments on the request by The Honolulu Advertiser to make public the sealed portions of Delilah S. Williams' plea agreement.

Williams' defense lawyer and the federal prosecutor on Dec. 6 requested that a seven-page section of her agreement be sealed, a request Kobayashi granted. Williams pleaded guilty for her role in the July 16, 2005 death of Talia Williams.

Advertiser attorney Jeffrey Portnoy argued that the defense attorneys and prosecution failed to establish why the admissions should remain confidential, particularly when the media has already reported the allegations surrounding the child's death due to "battered child syndrome."

The defense and prosecution argued that the disclosure would jeopardize the rights of a fair trial for Delilah Williams' husband, Naeem Williams, a co-defendant who faces the death penalty if convicted of murdering his daughter when he goes to trial scheduled for October this year.

Kobayashi indicated she was leaning toward ordering the release once Delilah Williams' plea agreement is accepted by U.S. District Judge David Ezra at her April 16 hearing, which would mean she would not stand trial.

Kobayashi indicated she would allow Naeem Williams' lawyers to object to the unsealing of certain portions of the admissions since he would face a jury trial.

Kobayashi will issue her ruling after Feb. 2, the deadline for the lawyers to submit supplemental briefs in the case.

The hearing is the latest in an ongoing dispute around the nation and in Hawai'i over sealing of court documents that ordinarily are considered public. The Advertiser and other media have been challenging the closure of hearings and documents in court cases for decades here.

Kobayashi must find a balance between the rights of defendants to fair trials and the rights of the media and public to review court documents to help evaluate the criminal justice system.

Delilah Williams, 23, pleaded guilty on Dec. 6 to murder as part of a plea agreement and agreed to testify for the prosecution. She avoids a life term without parole and the prosecution agreed to recommend a 20-year sentence.

At the request of Delilah Williams' attorney, First Assistant Federal Public Defender Alexander Silvert and Assistant U. S. Attorney Marshall Silverberg, Kobayashi sealed seven pages of the agreement pending a decision on Friday's hearing.

Lawyers for Naeem Williams, 26, later joined in the request to keep Delilah Williams' admissions sealed.

They characterized the admissions Friday as "lurid and inflammatory" and indicated they might be some "inaccuracies" in the statements by the wife.

Keeping the admissions sealed is more important for Naeem Williams because the disclosure would taint potential jurors and undermine Naeem Williams' right to a fair trial, they argued.

"Mr. Williams is the one facing death at this point," Naeem Williams' lawyer David Klein said.

Portnoy acknowledged that the admissions may be inflammatory, but said under court cases, the defense and prosecution must establish that there is no other alternative to ensuring a fair trial than sealing court documents.

"The Advertiser chose to spend its money to protect the rights of the public," he said. "That's why we're here."

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.