The ACLU submitted an amicus brief on behalf of appellant Ramon Pompa-Ortiz, who was convicted of "rape by force or violence," and who was denied his statutory right to a public preliminary examination under Penal Code section 995. Ostensibly, the reason for the private hearing was because of the sensitive nature of the victim's testimony, though the prosecutor did not offer a reason for the request, and the judge granted it over the defendant's objection. The defendant is allowed the right to choose a closed or open trial and "may rightfully insist on a public hearing not only to insure fairness but to attract potential witnesses or supporters." Such a decision could render a verdict reversible on appeal if it caused prejudice against the defendant over the course of the trial. However, the court found "no showing of prejudice," and affirmed the judgement.