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Gag order issued in Peterson caseAnother judge rules arrest warrants can be released
MODESTO, California (CNN) -- The trial judge in the murder case against Scott Peterson imposed a sweeping gag order on participants Thursday, saying the restrictions were necessary to preserve Peterson's right to a fair trial amid "massive" publicity. Stanislaus County Superior Court Judge Al Girolami said without such an order "all the statements by the witnesses, all of the rumors and gossip would be rehashed shortly before trial, thereby making it extremely difficult to select a fair and impartial jury." And because publicity in the case has been nationwide, other possible measures to counter its effect, such as changing the location of the trial or weeding out affected jurors during jury selection, would not be feasible, he said. The gag order applies to attorneys and their staffs, potential witnesses, law enforcement officers and court employees. Violators would be held in contempt of court. Girolami's gag order was the second legal development in the case Thursday. Earlier in the day, a different Stanislaus County judge ruled search warrants issued before Peterson's arrest in April can be released in early July, once an appellate court makes a decision in a related case. Superior Court Judge Roger Beauchesne said release of the warrants would no longer jeopardize the investigation now that Peterson has been charged with the murders of his 27-year-old wife, Laci, and their unborn son. "There is no question that the Laci Peterson investigation has garnered a high level of publicity. That fact alone does not justify continued sealing," said Beauchesne, who is hearing arguments over the documents separately from the trial judge. Scott Peterson pleaded not guilty to both counts of murder. Prosecutors said they would seek the death penalty if he is convicted. A preliminary hearing in the case has been tentatively set for July 16. There are indications, however, the prosecution may seek a delay to ensure expert witnesses will be available. The victims' bodies were found in April on the shores of San Francisco Bay near the marina where Scott Peterson said he had launched his boat on a fishing trip Christmas Eve, the day his wife disappeared. The area is about 80 miles from the Peterson home in Modesto. Battle over the warrantsThe pre-arrest search warrants were used to conduct searches before Scott Peterson's arrest in April. The Modesto Bee newspaper had earlier unsuccessfully tried to gain access to the documents and took its case to a California appellate court. Beauchesne stayed his order unsealing the documents until after California's 5th District Court of Appeals issues a ruling, expected July 7. The delay would also give prosecutors and Peterson's defense team time to appeal Thursday's order. In opposing the Modesto Bee, prosecutors argued that releasing the warrants and supporting affidavits, in which police disclose information to legally justify a search, could jeopardize the investigation. But Beauchesne said Peterson's arrest had caused a "change in circumstance" that justified unsealing the documents. The judge also said that during closed-door arguments over unsealing the arrest warrants neither the prosecution nor the defense presented evidence that other suspects were being investigated. While conceding the release of the warrants would generate even more publicity, Beauchesne said he does not believe it would compromise Peterson's right to a fair trial. "The accused is presently represented by multiple and able defense counsel who can muster all available, legitimate means to assist the trial judge in ensuring their client receives a fair trial," he said. Sheppard case citedIn his gag order, Girolami cited another notorious case -- the 1950s trial of Dr. Sam Sheppard for the murder of his wife. Sheppard's conviction by an Ohio court was overturned in 1966 by the U.S. Supreme Court because the trial judge did not take strong enough action to counter pre-trial publicity. Under Girolami's order, participants are prohibited from disclosing evidence or documents or talking about their contents. They cannot identify possible witnesses or talk about witness testimony. They are even prevented from disseminating statements made by Peterson or witnesses if the comments are related to the case. Participants are also barred from expressing opinions "as to the weight, value or effect of any evidence as tending to establish guilt or innocence." Public records related to the case and statements made in open court are not affected. In his order, Girolami specifically mentioned the leak of a portion of an autopsy report on the Petersons' unborn son and reports of defense theories that a serial killer or a satanic cult might be responsible for Laci Peterson's death. "The nature of the publicity is especially troubling as it often involves leaks of information that could be considered favorable for one side or the other," he said. The judge also said that while he has previously reminded attorneys of their professional obligations not to release sealed information, "the problem has persisted." CNN Correspondent Rusty Dornin contributed to this report.
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