Saturday, August 11, 2012

Major Gag Orders


Gag orders are very important in many court cases. This order keeps the legal process confidential and safe. This does limits the role of journalist, however it should give them more creativity on how to report the story around the actual gag order. While reviewing gag orders there were high profile cases that stood out: Michael Jackson and the New York murder cases. 

In a report by Lee Ross of Fox News, Los Angeles Superior Court Judge, Michael Pastor, placed a gag order on both the prosecution and defense team of Dr. Conrad Murray against any public discussion of the ongoing case. Any breach of this order would be subject to contempt charges and other sanctions.  While the gag order did limit Dr. Murray from talking to the press, it was nearly impossible to keep the story out of national headlines. Journalists simply got more creative on their reporting of this high-profile story.


The public records indicated that "The Venezuelan judge issues gag order in high-profile murder case in New York, January 25, 2006. The Committee to Protect Journalists Condemns a Caracas judge's decision to issue a gag order prohibiting news outlets from reporting on the investigation into the 2004 murder of prosecutor Danilo Anderson.”

Future Lawyer Deja Woodard Under Gag Order
Photo taken by Shereen Williams 
According to the CPJ  “Judge Florencio Silano, acting at the request of Attorney General Isaías Rodríguez, barred the "publishing, spreading or exposition" of any information about the Anderson case. Among other things, Rodríguez said he wanted to protect the prosecution's primary witness, Giovanny Vásquez de Armas, from what he called a media campaign of harassment and psychological pressure.”


CPJ Executive Director Ann Cooper said. “This gag order is a shocking attack on press freedom and the right to information of all Venezuelan citizens, “We urge the prosecutor to withdraw his request, which actively suppresses these human rights." However this request was denied.

During a face-to-face interview with Helen Carson a retired Delawarean investigator said, “I agree that in the Anderson and Jackson cases the gag order was appropriate. Carson believes strongly in the legal system. Witness that are testifying need to be protected,so justice can be served. In early 1980’s I was involved in a high profiled fraud case and it involved several major executives from huge banking firms. The Delaware Judge ordered a temporary gag order to all legal participating parties including the defendants. I was a new investigator in my professional career. This order only lasted two weeks, however this felt like a lifetime. This case was transferred to United States District Court for the District in Delaware due to the severity of the case. However I stayed in compliance with the order. (H. Carson, personal communication, August 09, 2012).





United States District Court In Wilmington, Delaware
Photo taken by Shereen Williams 

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