Press, FOI groups: Oklahoma prosecutor shouldn't be sanctioned for speech
By The Associated Press
11.30.00
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OKLAHOMA CITY — An Oklahoma prosecutor who is challenging his
disqualification from the state murder case against bombing conspirator Terry
Nichols has gained new support.
The Oklahoma Press Association and FOI/Oklahoma Inc. asked the
Oklahoma Court of Criminal Appeals for permission yesterday to file a
friend-of-the-court brief in Oklahoma County District Attorney Bob Macy's
appeal.
The two organizations say Macy should not be sanctioned for exercising
his right to freedom of speech.
"We want to emphasize that this is a First Amendment issue," said
Lindel Hutson, president of FOI/Oklahoma Inc., and Oklahoma bureau chief for
the Associated Press. "This action does not support nor endorse the merits of
prosecuting the Nichols case. We're simply saying a public official has a
right, and a duty, to respond to the media.
"We're concerned this decision will throttle prosecutors and others
from dealing with the media. For fear of disqualification, they simply won't
comment."
District Judge Ray Linder of Alva disqualified Macy and his entire
staff from prosecuting the case, citing comments made by Macy to reporters
while he was under a gag order.
The judge called Macy's actions "a blatant violation of the rules of
professional conduct" that could prevent Nichols from receiving a fair trial on
state charges. Linder, in his Oct. 16 ruling, said Macy was too emotionally
involved.
Mark Thomas, executive vice president of OPA, said he was concerned
"about the chilling effect that Judge Linder's ruling will have on prosecutors
who talk about their cases. We don't think Bob Macy violated the professional
conduct rule by talking to the media. And judge Linder did not review and
identify specific language or statements by Macy that violated the professional
conduct rule.
"The judge simply said, you've talked to CNN, NPR, 60 Minutes, and
other media, therefore you are disqualified. We think the offending speech
should be identified; that there should be some process for that. It's a First
Amendment, free-speech argument."
The press association has as members both daily and weekly
publications.
FOI/Oklahoma was founded in 1990 to educate the public and elected
officials about rights guaranteed by the First Amendment and to promote
openness in government. It is a statewide organization that counts among its
members journalists, attorneys, educators, elected officials, librarians and
private investigators.
Attorney General Drew Edmondson also has objected to the
disqualification of Macy and his staff. The Court of Criminal Appeals earlier
this month granted Edmondson permission to file a friend-of-the-court brief in
the appeal of Linder's decision.
Nichols, 45, is charged with 160 counts of first-degree murder in the
April 19, 1995, bombing of the Alfred P. Murrah Federal Building that killed
168 and left more than 500 injured.
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