12/28/2023 0 Comments Gag order in family court![]() ![]() “If such an order issues, any information published by these national and international media outlets which is outside the public record and prior to the final disposition of this matter can be viewed as untrustworthy, since anyone with actual knowledge of this matter will be subject to this court’s gag order,” the motion states.Ĭounsel from the child custody case argued Friday that the gag order could help prevent a custody battle from playing out in the public arena, especially when the three children involved may be able to see what some family members are alleging about others. Prosecutors argued in the motion that it is “imperative” for the court to prohibit statements to the media during the case - specifically from counsel in all related civil and criminal proceedings counsel staff and employees law enforcement and other witnesses. The Wednesday motion stated that members of non-local media have “camped out” outside of the Summit County District Attorney’s office, attempted to get inside the jail to speak to Kouri Richins and contacted “at least one key witness in the case.” The motion also stated that Richins has been communicating with a documentary filmmaker, according a review of Kouri Richins’ jail calls. She was charged May 8 with one count of aggravated murder and three counts of possession of a controlled substance with intent to distribute. ![]() Kouri Richins is accused of poisoning her husband Eric Richins with fentanyl, which she allegedly procured from an acquaintance six days before his March 4, 2022, death.Ī year after Eric Richins died, Kouri Richins published a children’s book in March intended to help children navigate the loss of a loved one. Shanon Gray, an attorney for the Goncalves family, has also asked the judge to lift the gag order, saying he should be allowed to speak on the family’s behalf.ĭuring Friday’s arguments, Wendy Olson, an attorney for the media group, argued that even if the gag order is vacated, ethical rules for lawyers will remain in place that prohibit them from making public statements that have “a substantial likelihood of materially prejudicing” the case.But 3rd District Judge Richard Mrazik on Friday instead limited the gag order to lawyers involved in the separate cases, as well as counsel staff, expert witnesses and counsel investigators. ![]() Supreme Court and other appeals courts have upheld some that prohibit attorneys, police or others involved in a case - those with privileged information about it - from speaking with reporters to begin with, as a way to avoid influencing potential jurors or otherwise jeopardizing a defendant’s right to a fair trial. ![]() Gag orders that prohibit journalists from writing about certain cases are considered to be severely problematic under the First Amendment. Kohberger’s failure to present any evidence of prejudicial news coverage, and the Court’s failure to consider alternative measures, means the competing constitutional rights here were improperly balanced and the Gag Order should be vacated.” “Intervenors agree that there has been, and will continue to be, great publicity surrounding this case,” the coalition’s attorneys wrote. The media coalition says that while it respects the defendant’s right to a fair trial under the Sixth Amendment, the court should not have issued a gag order without evidence that right would be infringed by their ability to speak with attorneys involved in the case. The news organizations subsequently did ask the lower court to revoke the order, and Judge scheduled arguments for Friday. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |