Judge: No gag order in Brucia murder case
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Joseph Smith
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(CNN) -- A judge denied a request for a gag order Friday on behalf of Joseph Smith, the auto mechanic charged in the abduction and death of 11-year-old Carlie Brucia.
Assistant public defender Adam Tebrugge argued that excessive publicity is hindering his client's right to a fair trial.
Judge Andrew Owens of the 12th Judicial Circuit acknowledged the case has received intense coverage, but said that little, if any, of that publicity includes facts about the discovery of the girl's body or evidence recovered during the investigation.
"It is incumbent upon the court to weigh the competing interests of the defendant's fundamental right to a fair trial against the rights of a free press" and to minimize the effects of pretrial publicity, Owens wrote.
He ordered lawyers on both sides to follow rules governing what they can say about pending cases.
The judge said Tebrugge could make another, more specific, request later, and that he might reconsider his stance.
The judge also denied a request that would preclude release to the news media of "all materials provided by the prosecution in discovery to counsel for the defendant."
The press, wrote Owens, has a statutory right to pretrial discovery material once it becomes a public record. However, that right must be balanced against the right of a fair trial.
Smith, who has a long criminal record, was arrested February 3 after a surveillance camera at a car wash showed a man approach the girl, grab her by the arm, speak to her for a few seconds, and lead her away.
Carlie, who was reported missing February 1, was walking home from a friend's house. Her body was found behind a church February 6.
Authorities were able to recover Carlie's body because Smith confided in a jailhouse witness after his arrest, according to a warrant.
