Key Takeaways
- Shilo Sanders is asking a federal judge to keep the written transcript and trial exhibits from his Aug. 31 Chapter 11 bankruptcy trial sealed, arguing the case involves events from when he was 15, even as he leaves the courtroom itself open to the public.
- USA TODAY is fighting the request, saying there is “absolutely no basis” to seal what it calls a run-of-the-mill bankruptcy case and arguing that Sanders’ proposal violates the First Amendment right of public access.
- The bankruptcy trial will decide if Sanders can wipe out an $11.89 million judgment from a 2015 altercation with school security guard John Darjean, while he also faces separate disputes over NIL-related funds, a Mercedes-Benz repossession effort, and about $170,000 in alleged unpaid legal fees.
The legal fight surrounding Shilo Sanders has shifted from the courtroom to the public record.
Just weeks before Sanders' Aug. 31 bankruptcy trial, the former Colorado safety is asking a federal judge to seal the written transcript and trial exhibits from public view—even if the proceedings themselves remain open. The request comes as USA TODAY continues its own push for greater transparency in the high-profile case, arguing that the public has a First Amendment right to access the records.
According to a new court filing, obtained by USA TODAY, Sanders' legal team does not object to the public attending the trial. Instead, it wants to keep the official written record—including the transcript and evidence introduced during the proceedings—under seal because the case involves events that occurred when Sanders was 15 years old.
The dispute grew out of USA TODAY's July motion to intervene in the bankruptcy case after several developments, including a July 14 pretrial hearing, took place behind closed doors.
On July 31, Sanders' attorney, Victor Vital, filed a sealed response. In a reply filed Aug. 3, attorneys representing the newspaper said Sanders' proposal goes much further than simply protecting sensitive information.
"His proposed order would seal the complete trial transcript and any exhibits submitted as evidence at trial," the filing states.
The newspaper's attorneys argue there is no legal basis for such a sweeping restriction.
"There is absolutely no basis to seal, prospectively, any trial transcript or any evidence in this run of the mill bankruptcy case, nor is there any basis to treat Defendant (Shilo Sanders) as somehow special because of his notoriety," attorneys for USA TODAY wrote.
They added that the request "violates the First Amendment's right of public access."
Judge Michael Romero will now decide whether the written record of the trial remains public, is partially sealed, or is withheld altogether.
The transparency dispute is unfolding alongside the broader bankruptcy case, which centers on Sanders' effort to discharge an $11.89 million judgment. The debt stems from a lawsuit filed by former Dallas school security guard John Darjean, who alleged Sanders seriously injured him during a 2015 confrontation over a cellphone.
Sanders has maintained he acted in self-defense, but after he failed to appear for the 2022 civil trial, a Texas judge entered a default judgment against him.
The Aug. 31 bankruptcy trial will determine whether that judgment can be erased. Darjean argues the debt resulted from a "willful and malicious injury," making it ineligible for discharge under bankruptcy law.
Sanders disputes that characterization and is seeking what bankruptcy law describes as a fresh financial start.
The case has already expanded well beyond that central issue. Judge Romero recently ruled on what evidence may be presented at trial; a bankruptcy trustee is separately pursuing claims over disputed NIL-related funds; Mercedes-Benz has sought permission to repossess Sanders’ vehicle over missed payments; and Barnes & Thornburg has refiled a lawsuit seeking roughly $170,000 in unpaid legal fees.
