Copyright © 1999, The Austin American-Statesman

Gag order unnecessary., 12-21-1999.

Preventing prosecutors, defense attorneys and witnesses from commenting on a high-profile criminal case is a restraint of First Amendment rights that should be the last resort of a presiding judge. State District Judge Mike Lynch's gag order in the case of four men accused in the killing of four girls in a yogurt shop in December 1991 is an unjustified imposition. The case shocked Austin. Police conducted an intense investigation for years, spurred by the grieving parents' need for justice, but there is no cause for a gag order. In many high-interest cases, the defense or prosecution will seek a gag order when they feel publicity is detrimental to their cause. But silencing the lawyers and witnesses in any case should be a judge's final recourse. It should be based on egregious actions that demand strong remedy. There has been no such bad behavior in the yogurt shop case. The prosecution and the defense attorneys have behaved reasonably well so far, and no one involved has given Lynch a clear, unassailable reason to order silence outside official actions of the courtroom. But there should be an obvious reason for stripping all involved in the court proceedings of their right to free speech. While it is easy enough for a presiding judge to order everyone gagged, the order shouldn't be done willy- nilly. Fair trial is an important right, too, but free speech was one earned at too high a cost to be terminated without good cause. It is significant that Joe James Sawyer, attorney for suspect Robert Springsteen, said he will challenge the judge's order as an undue imposition in the case. Springsteen is the only one of the four suspects under indictment. If the defense isn't worried about pretrial publicity tainting the case, then the judge shouldn't be. Speculation that extensive news coverage could result in trials being held outside Travis County isn't a solid basis for a gag order either. Arguably, more has been written and broadcast about the yogurt shop case than any other local homicide this decade, but a gag order now won't have much of an effect on the preponderance of news coverage over the past eight years. Preventing defense attorneys, prosecutors, witnesses and others involved from commenting on proceedings outside the courtroom is a drastic restraint that should be sparingly imposed. The judge has suppressed a constitutional right because he could, not because it was necessary.

Copyright © 1999, The Austin American-Statesman

Gag order unnecessary., 12-21-1999.