Georgia judge modifies gag order in crematory case

By The Associated Press

03.12.02

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A Georgia judge last week modified a gag order in the case against crematory operator Ray Brent Marsh.

Meanwhile, a California judge imposed a gag order March 8 in the case of a man accused of kidnapping and murdering a 7-year-old San Diego girl.

In Georgia, Judge William Hill on March 7 clarified that his initial gag order was not meant to keep authorities from communicating with family members about corpses found in the area of Tri-State Crematory.

Hill's 15-page clarification also said authorities are not prohibited from discussing results of tests that address "any public health, safety or environmental risks." It also says authorities may discuss the progress of the clean up of the crematory site as well as cost estimates.

But, Hill wrote, officials may not discuss their case against Marsh, who is jailed on charges of theft by deception. Authorities are banned from giving their opinions on Marsh or naming the identity of possible witnesses against him. Hill says pre-trial publicity in the case could prevent Marsh from getting a fair trial.

Hill recused himself from the case later on March 7 because his son, who is an attorney, is involved in a lawsuit against the crematory.

Meanwhile in California, San Diego County Superior Court Judge Ronald Domnitz issued a gag order March 8 prohibiting attorneys or investigators involved in the trial of David Westerfield from making any statements outside the courtroom in a case that has drawn widespread publicity.

A lawyer representing The San Diego Union-Tribune and other news organizations argued against the gag order. But the judge ruled that there is a "clear and present danger" that Westerfield would be denied a fair trial by the release of inadmissible evidence through the news media.

Westerfield is charged with kidnapping and murder in the disappearance and death of Danielle van Dam, who was reported missing Feb. 2 from her San Diego home. The 50-year-old neighbor of the van Dam family is also charged with misdemeanor possession of child pornography.

Westerfield, who is in jail without bond, has pleaded not guilty to all charges. A preliminary hearing in the case began yesterday.

His defense attorney, Steven Feldman, argued that the gag order is necessary to protect Westerfield's right to a fair trial.

"We don't need the press publishing evidence that's inadmissible in court that's obtained through improper leaks," Feldman told the court.

Guylyn Cummins, a lawyer for the Union-Tribune and other media outlets said she would review the judge's order before deciding whether to appeal.

Update

News media win bid to televise California murder trial
But judge in Danielle van Dam case extends gag order, denies request to unseal search-warrant documents.  04.19.02

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News media contest gag order in Georgia crematory case
Newspaper, broadcast stations argue order is an illegal prior restraint against protected speech.  02.25.02