Judge Al Girolami's gag order came just hours after another superior court judge, Roger Beauchesne, ruled that eight search warrants in the case should be unsealed.
Posted on 06/13/2003 8:51:47 AM PDT by runningbear
Judge muzzles both sides in Peterson case
Judge Al Girolami's gag order came just hours after another superior court judge, Roger Beauchesne, ruled that eight search warrants in the case should be unsealed.
Judge muzzles both sides in Peterson case
By JOHN COTÉ and GARTH STAPLEY
BEE STAFF WRITERS
Published: June 13, 2003, 07:26:03 AM PDT
Two local judges in the Peterson double-murder case came down Thursday on opposite sides of questions on court-imposed secrecy, one issuing a gag order and the other deciding to unseal search warrants.
Also Thursday, an appellate court in Fresno rejected media requests to prevent prosecutors from listening to wiretap recordings of telephone calls between accused killer Scott Peterson and newspaper and television reporters.
In the local rulings, judges revealed that:
Peterson's lawyers presented no evidence of "other suspects" in a June 6 closed hearing.
Much information from wiretaps on Peterson's phones and unidentified sealed documents is likely to be "irrelevant and/or inadmissible."
Citing "massive" media attention, Stanislaus County Superior Court Judge Al Girolami ordered attorneys and investigators on both sides not to talk publicly about most elements of the high-profile case.
The order extends to potential witnesses, law enforcement personnel, legal staff and court employees.
A few hours earlier, Judge Roger M. Beauchesne agreed with Bee lawyers that search warrants served on Scott Peterson before his April 18 arrest should be made public. But he said they will stay under wraps until July 8, the day after a court of appeal ruling on the issue is final and Beauchesne regains jurisdiction.
Prosecutors are seeking the death penalty against Peterson, 30, accused of the murders of his wife, Laci, and their unborn son, Conner. She was eight months pregnant when family members reported her missing on Christmas Eve. Both bodies washed ashore in mid-April along San Francisco Bay.
Both judges had sealed a range of court documents normally open to public review. Autopsy reports and wiretap documents, for example, remain closed despite media-led protests.
Fair trial vs. public disclosure
At odds are Peterson's right to a fair trial and press and public rights to information. Both rights are protected by amendments to the U.S. Constitution.
"It's a balancing test when you have two very fundamental constitutional rights in conflict," said Stanford law professor Miguel Mendez, who practiced law in Modesto three decades ago with California Rural Legal Assistance.
Prosecutors had favored a "limited" gag order muzzling attorneys, investigators and others close to the case, citing leaks they deem "false, misleading or biased." That was a reversal from April, when prosecutors refused to join Peterson's former lawyers in encouraging a gag order.
Defense attorneys, led by Mark Geragos, argued against any restraint, saying it would prevent them from countering four months of police-issued propaganda against their client. Gloria Allred -- representing Peterson's former girlfriend, a possible witness -- argued against the gag order because it might prevent her client from defending herself against attacks on her character.
And Charity Kenyon, a Bee attorney representing other media outlets as well, argued that judges have other options for ensuring a fair trial, such as sequestering jurors, bringing jurors in from another county or moving the trial.
But Girolami said such remedies may be ineffective in this instance, noting "the national television media has embraced this case with a passion."
"All of the rumors and gossip would be rehashed shortly before trial, thereby making it extremely difficult to select a fair and impartial jury," Girolami wrote.
He imposed a range of sweeping restrictions, including forbidding public comments about the "existence or possible existence of any document, exhibit, photograph or any other evidence" that could be admitted into evidence.
Parties also are directed not to identify prospective witnesses or make statements about the substance or effect of any testimony provided in court.
The order does allow people to quote or refer to public documents related to the case.
Rory Little, a professor at Hastings College of the Law and a former federal prosecutor, said a judge has to carefully oversee a gag order for it to be effective.
"Gag orders require management. You don't just write them and enforce them," Little said.
If there are breaches, gag orders open the possibility for violators to be held in contempt of court.
Explained Little: "The first time you yank somebody in and say, 'See the marshal over there? He's got handcuffs. They're for you unless you can demonstrate the leak didn't come from you.' Leaks seem to stop after that."
Ruth Jones of McGeorge School of Law, a former prosecutor, said gag orders have produced mixed results in the past. For example, news coverage continued practically unabated despite such orders imposed in the cases of Oklahoma City bomber Timothy McVeigh, the Robert Blake murder trial and O.J. Simpson's civil trial.
Gag orders, however, "might change the tone of what people are hearing," Jones said. "They will rely on people on CNN who have no knowledge of the facts of the case."
Search warrants to be released
Girolami's gag order overshadowed the ruling by Beauchesne to make public eight search warrants July 8.
Keeping them under wraps, as requested by prosecutors and defense attorneys, would be "unjustified," Beauchesne wrote in his decision.
Defense attorney Matthew Dalton last week had persuaded Beauchesne to hear evidence of "the real killers" behind closed doors. But, "No evidence on the investigation of 'other suspects' was presented" at that hearing, Beauchesne wrote.>{?
As for prosecutors, Beauchesne wrote that "the entire thrust" of their argument in early April to keep the search warrants secret was to keep from tipping off other possible suspects before Peterson's eventual arrest.
That rationale disappeared, Beauchesne ruled, when Peterson was arrested April 18, particularly because authorities have provided no evidence since that they're investigating anyone else.
Sealing court documents is "the exception, not the rule," Beauchesne noted. He wrote that a "high level of publicity" accompanying the Peterson case "does not justify continued sealing."
Judges issued search warrants for the Petersons' Covena Avenue home, a warehouse Peterson used for his fertilizer sales business, a storage unit, phone records, several vehicles and an envelope found in one of those vehicles.
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Gag Order Issued in Laci Peterson Case
Judge Issues Gag Order in Laci Peterson Murder Case, in Effort to Stop Leaks and Rumors
The Associated Press
MODESTO, Calif. June 13 —
A judge in the Laci Peterson murder case issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman.
Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumors from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.
The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.
The documents include affidavits by police giving their reasons for the searches and inventories of items seized.
Girolami cited widespread publicity about the case in issuing his order Thursday. Without it, the judge said "rumors and gossip would be rehashed shortly before trial thereby making it extremely difficult to select a fair and impartial jury."
Anyone who violates the gag order will face contempt charges.
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((Canadian Outrage, here is one of your presses...;o))
Judge issues gag order in Laci Peterson murder case; cites risk to fair trial
Judge issues gag order in Laci Peterson murder case; cites risk to fair trial
Canadian Press
Friday, June 13, 2003
MODESTO, Calif. (AP) - A judge in the Laci Peterson murder case has issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman.
Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumours from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.
The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.
The documents include affidavits by police giving their reasons for the searches and inventories of items seized.
Girolami cited widespread publicity about the case in issuing his order Thursday. Without it, the judge said "rumours and gossip would be rehashed shortly before trial thereby making it extremely difficult to select a fair and impartial jury."
Anyone who violates the gag order will face contempt charges.
At a hearing last week, prosecutors had asked for a limited gag order. Defence lawyer Mark Geragos responded that such a ruling would harm his ability to defend his client. He was joined in his opposition by a lawyer for Scott Peterson's former girlfriend, Amber Frey, who is expected to be a key witness, and a lawyer representing newspapers and broadcasters.
Prosecutors and the defence lawyer have opposed the unsealing of the search warrants.
Prosecutors said it could jeopardize their investigation. Scott Peterson's lawyers said it would hurt their efforts to find the real killers. They have suggested a satanic cult may have abducted and killed the pregnant 27-year-old substitute teacher, who vanished just before Christmas.
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DAD OF SCOTT EX-MISTRESS SPEAKS OUT
Amber Frey
DAD OF SCOTT EX-MISTRESS SPEAKS OUT
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June 13, 2003 -- The father of Amber Frey - accused killer Scott Peterson's former mistress - yesterday told the public to get off his daughter's case.
In a letter to the editor of the Modesto Bee newspaper, Ron Frey said Amber and his Marine son Jason are both average citizens who stepped up to do the right thing under trying conditions.
"They both deserve thanks and respect. Instead, when I watch TV shows, I see Amber being attacked and made to look like a bad person.
"So-called experts on these shows - who have never been lucky enough to meet her and who know nothing about her - feel free to blacken her character.
"For her bravery in coming forward and helping police, she has been 'rewarded' by being exploited for other people's gains, not hers."
Amber has always maintained she didn't know Scott was married.
In another development, the judge in the case issued a gag order, prohibiting all parties from speaking ........
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Judge issues gag order in Laci Peterson murder case
Posted 6/13/2003 8:30 AM
• Judge issues gag order in Laci Peterson murder case - 8:30 AM
Judge issues gag order in Laci Peterson murder case
MODESTO, Calif. (AP) — A judge in the Laci Peterson murder case issued a gag order barring lawyers, witnesses and police officers from publicly discussing details about the killing of the young pregnant woman. Judge Al Girolami said that he believed the gag order was the only way to stop leaks and rumors from derailing Peterson's husband's right to a fair trial. Scott Peterson is charged with double murder in the death of his wife and unborn son.
The ruling came the same day another judge in Stanislaus County Superior Court ordered eighth search warrants and related documents in the case unsealed, but postponed their release until July 8.
The documents include affidavits by police giving their reasons for the searches and inventories of items seized.
Girolami cited widespread publicity about the case in issuing his order Thursday. Without it, the judge said "rumors and gossip would be rehashed shortly before trial thereby making it extremely difficult to select a fair and impartial jury."
Anyone who violates the gag order will face contempt charges.
At a hearing last week, prosecutors had asked for a limited gag order. Defense lawyer Mark Geragos responded that such a ruling would harm his ability to defend his client. He was joined in his opposition by a lawyer for Scott Peterson's former girlfriend, Amber Frey, who is expected to be a key witness, and an attorney representing newspapers and broadcasters.
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Police dig, search at Davis unit
DIGGING: Pete Martin, supervisor of the investigations division at Yolo County district attorney's office, searches a the yard and cabin of a "person of interest" Wednesday at Slater's Court on Olive Drive as authorities served a search warrant at the complex where human remains were found last week. Wayne Tilcock/Enterprise photo
FRIDAY JUNE 13, 2003 DAVIS CA 95616
Police dig, search at Davis unit
Davis' human-remains mystery deepened Wednesday morning, when local and federal authorities searched the Slatter's Park home of a man whom police are calling a "person of interest."
The 41/2-hour search at unit No. 1 involved some digging in the yard but revealed no additional human remains, Davis police Lt. Jim Harritt said. However, authorities reported confiscating various unspecified items that will be evaluated and analyzed.
Police did not release the name of the resident, who has not been arrested. Investigators interviewed him away from his home Wednesday during the search, which was conducted by Davis police with assistance from the Yolo County district attorney's office, the county coroner's office and the Sacramento division of the FBI.
"We had talked to him previously, and he's been cooperative with us," Harritt said. He declined to say how the man became the subject of police attention.
A knock at the man's door was not answered Wednesday afternoon, and neighbors said they hadn't seen him since that morning. Outside, the only signs of a search appeared to be a freshly filled-in hole to the left of the home and a rectangular slab of concrete that had been overturned near the back.
Slatter's Court residents described the man as being in his mid-20s and say he's lived at the Olive Drive community for several years.
"He's always been quiet," said Donna Murillo, who lives across the street. "Some days he says 'hi,' some days he doesn't. That's the way he is."
Added Murillo's husband, Tony: "He's a little different, but it doesn't mean he's guilty."
News of Wednesday's search once again attracted members of the media to Slatter's Court, which has become the subject of nationwide attention since a maintenance worker found the decomposed and mummified body parts in a plastic bin next to a Dumpster on June 3. Coroner's officials believe the remains are from as many as four different people, both male and female.
The discovery has attracted nationwide media attention, largely due to speculation that the remains are somehow connected to the Laci Peterson homicide case and the defense theory that her death was the work of a satanic cult. Mark Geragos, the attorney representing Peterson's husband Scott, has expressed interest in the remains, although coroner's officials have said the body parts that could potentially be Peterson's appear to be from an older woman.
"We're 99.9 percent sure it's not her," Lt. Harritt said today. "But just to be safe, we need to do a DNA rule-out."
The DNA analysis of the remains is expected to begin today, when the body parts will be taken to a lab in Richmond for DNA extraction, Yolo County Supervising Deputy Coroner Mary Koompin-Williams said. On Wednesday, the remains underwent a preliminary examination by a forensic anthropologist at Chico State University.
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A humor of a petty theft AP story
Shoplifter puts the sting on Kmart
Shoplifter puts the sting on Kmart
The Associated Press
Published: June 13, 2003, 07:49:00 AM PDT
SEDALIA, Mo. (AP) - A shoplifter caused a buzz in a department store restroom and made off with about $60 worth of CDs, perfume, batteries and scissors. The man released a swarm of honeybees in a Kmart restroom, creating a diversion that allowed him to escape, authorities said.
Store security spotted the man shoplifting Monday and followed him to the restroom to confront him. When the worker opened the door, about 100 bees buzzed out.
"He probably started yelling 'Bees! Bees!' or whatever the case may be, then created that big diversion, then got out," said police Cmdr. John DeGonia.
Store employees pulled cans of bug spray off store shelves to kill the bees. No one was stung.
(Excerpt) Read more at modbee.com ...
Now can he muzzle the media too, please?
He imposed a range of sweeping restrictions, including forbidding public comments about the "existence or possible existence of any document, exhibit, photograph or any other evidence" that could be admitted into evidence. Parties also are directed not to identify prospective witnesses or make statements about the substance or effect of any testimony provided in court.
The order does allow people to quote or refer to public documents related to the case.
IOW's all that we will hear now from RELIABLE parties is a re-hash of docs. already public knowledge.
Here is the PROBLEM
Gag orders, however, "might change the tone of what people are hearing," Jones said. "They will rely on people on CNN who have no knowledge of the facts of the case."
Most people will tune into LKL or Court TV and start accepting everything out of their mouths as the gospel truth...
Well, I'm very interested in this case, but frankly, I could do with a little less coverage of it. Most of what they've reported (from their leaks) just begs even more questions. Some of the interviews, with people who knew people who knew people who once saw Laci--I could do without those. Now, perhaps when they report, they'll have some actual news, as opposed to someone's spin. I hope. I'd like to know the truth of this case.
Mea culpa, I have been part of that audience.
Probably nothing new for awhile. I do like the fact that Geragos had no evidence to present to the judge concerning his "actual" killer. No evidence to support that there was any suspect other than his client, that should be newsworthy given all his blather. "Days away from solving this case, if not sooner" - May 21st.
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