Prosecutors in the upcoming bingo corruption retrial appear to be asking the presiding judge to limit comments defense attorneys and staff can make when court is not in session.
U.S. District Judge Myron Thompson issued an order Friday that gives parties until Tuesday at noon to respond to a government motion asking Thompson to issue a protective order limiting extrajudicial comments of all participating attorneys and members of their trial teams.
The government motion has been placed under seal and is not available for public view.
Motions for protective orders during cases are often filed by one party who feels its right to a fair trial would be jeopardized by public comments made about the case by the opposing side.
Prosecutors declined to make public statements or talk to the media during the first bingo trial, which stretched from June until August last year. Several defense attorneys, however, often made statements to the media before and after the trial session each day.
Thompson could grant the government’s motion in full, deny it in full, or place partial restrictions on extrajudicial comments.
The American Bar Association’s Model Rules for Professional Conduct discourage some extrajudicial comments.
“A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter,” rule 3.6 states.
Rule 3.8 speaks directly to the role of a prosecutor.
“Except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused,” Rule 3.8 states.
It is not known when Thompson will rule on the motion.
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