01-30-2008, 11:12 AM
Great decision by the Judge..Now lets have some answers.
Gag order denied in Denise Lee murder case
Suspect's lawyers also asked for delay of records release
By TODD RUGER
todd.ruger@heraldtribune.com
SARASOTA COUNTY -- A circuit judge in the Denise Lee murder case on Tuesday rejected a request for a gag order and a 60-day delay in releasing public records.
Prohibiting anyone involved with the case against Michael King from talking to any news media is not necessary to protect his right to a fair trial, Circuit Judge Deno Economou wrote in a two-page opinion.
"The judge followed the law," said media attorney Rachel Fugate, who represented the Herald-Tribune Media Group in court on Monday. "The law clearly sets out a certain standard that the defense had to meet to restrict access to discovery material, even temporarily."
The gag order had been requested by defense attorneys, who argued that King's right to a fair trial was being jeopardized by extensive coverage of the case.
While denying the gag order, Economou "strongly advised" attorneys to follow already established rules against making prejudicial statements that could reasonably end up in the media.
Those rules also require attorneys not to assist anyone in making prejudicial statements about the case, and require them to exercise reasonable care to prevent investigators, employees or others associated with the case from making such statements.
King, 36, is charged in the abduction and murder of Lee, 21. Investigators say he sexually assaulted her and drove her to a wooded area near Toledo Blade Boulevard and Interstate 75, where she was found buried with a gunshot to the head.
In arguing the motion Monday, Fugate said the facts of the case are "not pretty" but "that does not mean the coverage of those facts has been inflammatory or hostile."
Gag order denied in Denise Lee murder case
Suspect's lawyers also asked for delay of records release
By TODD RUGER
todd.ruger@heraldtribune.com
SARASOTA COUNTY -- A circuit judge in the Denise Lee murder case on Tuesday rejected a request for a gag order and a 60-day delay in releasing public records.
Prohibiting anyone involved with the case against Michael King from talking to any news media is not necessary to protect his right to a fair trial, Circuit Judge Deno Economou wrote in a two-page opinion.
"The judge followed the law," said media attorney Rachel Fugate, who represented the Herald-Tribune Media Group in court on Monday. "The law clearly sets out a certain standard that the defense had to meet to restrict access to discovery material, even temporarily."
The gag order had been requested by defense attorneys, who argued that King's right to a fair trial was being jeopardized by extensive coverage of the case.
While denying the gag order, Economou "strongly advised" attorneys to follow already established rules against making prejudicial statements that could reasonably end up in the media.
Those rules also require attorneys not to assist anyone in making prejudicial statements about the case, and require them to exercise reasonable care to prevent investigators, employees or others associated with the case from making such statements.
King, 36, is charged in the abduction and murder of Lee, 21. Investigators say he sexually assaulted her and drove her to a wooded area near Toledo Blade Boulevard and Interstate 75, where she was found buried with a gunshot to the head.
In arguing the motion Monday, Fugate said the facts of the case are "not pretty" but "that does not mean the coverage of those facts has been inflammatory or hostile."