Turning aside protests from both defense and prosecution lawyers, U.S. District Judge Susan Oki Mollway today ordered that a secret tape recording of accused murderer Ethan Motta discussing the case should be made available to the public.

It's unclear if the tape, made by an FBI informant in October 2004, will ever be used as evidence against Motta or co-defendant Rodney Joseph Jr. in their federal racketeering trial, which begins Tuesday.

But Mollway said this morning that since she had to rule on whether the tape could be used at trial, she wanted the material placed on the public record. The judge cited as legal precedent a U.S. 9th Circuit Court of Appeals opinion, issued when The Advertiser sought access to sealed court files, that said there is a "compelling need" for public access to such documents.

But Mollway did order some portions of the tape stricken from the public record because they "all concern a single person and possible wrongdoing by this person" who is named on the tape.

Mollway did not name the individual but said the allegations made about him, mostly by the informant, are extremely serious but unproven.

"Few things could be more serious," the judge said.

"There is no way that I would protect this person or this information, but few statements could be more damaging if not true," the judge said.

Motta and Joseph are accused of using violence, including murder and robbery, to further a racketeering enterprise.

Both pleaded guilty last year to charges including the murders of two underworld rivals in January 2004, but the pleas were withdrawn after Mollway balked at sentencing them to 27 1/2 years in prison instead of life behind bars.