If the GAG order only involves Chelsea King case, why would LE apply it to Amber's case, regardless of if they believe he was involved or not? Since the LE is calling him a focus of investigation, then I don't think it's in dispute that they think he was involved. The question is, as to what evidence do they have if any.
Connecting JAG to Amber
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If the GAG order only involves Chelsea King case, why would LE apply it to Amber's case, regardless of if they believe he was involved or not? Since the LE is calling him a focus of investigation, then I don't think it's in dispute that they think he was involved. The question is, as to what evidence do they have if any.
jadejazzkayla
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Amber's parents were told there was a gag order in place regarding information specific to their daughter's case. I never heard that until this article. I only knew of the one signed re: chelsea and candice's case.
(SNIPPED) “We have talked to them,” Carter said. “We’re just trying to tell them to relax and let the system work, and we tried to explain that our hands are tied” by a gag order issued by a judge last week.
http://www.signonsandiego.com/news/2...d-few-details/
SoCalSleuth
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Thanks for posting the gag order! I just read it and in no way, shape or form does it apply to Amber's case, which I guess was my point earlier today--I find it interesting that LE is claiming it applies--when clearly it does not.
SoCalSleuth
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The only way that LE could worry that the GAG order applied to Amber's case is if while investigating Chelsea's case they found evidence in Amber's case--because depending on what that information was and how they located it--it may be admissible in Chelsea's case.
Ghostwheel
Pyrrhonist
Not exactly. If the below is correct, they don't have to have evidence, just an ongoing investigation related to Gardner. So if they are still trying to find evidence to connect him to Amber's murder, the gag order applies. (although they could have evidence, they just don't HAVE to have any)
"It prohibits law enforcement and attorneys from releasing any information or opinion concerning the trial, or evidence that may be offered or on ongoing investigations related to Gardner."
http://www.signonsandiego.com/news/2010/mar/09/new-hearing-date-set-and-gag-order-issued-chelsea-/
cloudajo
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March 20, 2010
Gardner's truck repossessed four days after Amber Dubois went missing
A white pickup truck once owned by accused killer John Gardner has become the focus of crime scene investigators in the Amber Dubois murder case. Records obtained by News 8 show the truck was repossessed from Gardner just four days after the 14-year-old went missing.
The repossession documents prove Gardner was still driving the truck when Amber Dubois vanished while walking to Escondido High School on February 13, 2009.
[snipped]
When it was repossessed, the Silverado had 115, 695 miles on it, according to records provided by Hashemi. That means Gardner put 80,777 miles on the Silverado over the course of 28 months, which averages out to about 35,000 miles per year.
[snipped]
FBI agents seized the vehicle on March 10, 2010, telling the new owner they needed to check out the truck for DNA.
[snipped]
At the time the pickup was repossessed, it was missing one outside mirror and also had damage to the tailgate.
If you think you may have seen John Gardner driving that white pickup truck near Escondido High School, police would like to hear from you.
http://www.760kfmb.com/Global/story.asp?S=12174713
Gardner's truck repossessed four days after Amber Dubois went missing
A white pickup truck once owned by accused killer John Gardner has become the focus of crime scene investigators in the Amber Dubois murder case. Records obtained by News 8 show the truck was repossessed from Gardner just four days after the 14-year-old went missing.
The repossession documents prove Gardner was still driving the truck when Amber Dubois vanished while walking to Escondido High School on February 13, 2009.
[snipped]
When it was repossessed, the Silverado had 115, 695 miles on it, according to records provided by Hashemi. That means Gardner put 80,777 miles on the Silverado over the course of 28 months, which averages out to about 35,000 miles per year.
[snipped]
FBI agents seized the vehicle on March 10, 2010, telling the new owner they needed to check out the truck for DNA.
[snipped]
At the time the pickup was repossessed, it was missing one outside mirror and also had damage to the tailgate.
If you think you may have seen John Gardner driving that white pickup truck near Escondido High School, police would like to hear from you.
http://www.760kfmb.com/Global/story.asp?S=12174713
SoCalSleuth
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The article is incorrect. The gag order is posted on its own thread. The terms are contained within the "four corners of the document". It only applies to Chelsea's case. It does not apply to any other investigation involving JAG as that would be an unconstitutional prior restraint on free speech. The only way LE would think the gag order applied to Amber's case is if during their investigation of Chelsea's case they discovered evidence tying JAG to Amber's case and the method used to find that evidence or the evidence itself might be used in Chelsea's trial.
They might just be using the gag order as an excuse not to reveal information. The parents aren't lawyers, they know there is a gag order in place, so if LE tells them they can't talk because of gag order the parents will believe it. Even LE might think that since there is gag order on JAG they can't talk about him regarding any other case.
jadejazzkayla
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gag order link
http://i2.cdn.turner.com/cnn/2010/images/03/10/gardner.gag.order.pdf
1) LE told Amber's parents their hands were tied because of the gag order.
2) the title of the gag order itself State of CA vs John Gardner.
makes it sound like the gag order is attached to JAG himself and not limited to the crimes he is currently charged with.
is there a lawyer type here that could help us understand this better?
Ghostwheel
Pyrrhonist
Obviously the article I posted was correct. This Protective Order to Preserve Due Process Rights of Defendant to a Fair Trial states:
"also to refrain from commenting on any ongoing investigations in relationship to this case or the defendant." ( I didn't realize it was THAT kind of protective order-I was under the impression it was a suppression of evidence order)
This can be read as "also refrain from commenting on the defendant." thereby meaning they can't comment on JAG. They don't have to have any evidence in Amber's case to say nothing. If they only have suspicions, and possibly are trying to get a solid link to JAG, they would say nothing. Or if they do have something, they would say nothing. Or if they don't have anything, they would say nothing. They don't want to get a change of venue for the CK case based on not being able to get an unbiased jury, and keeping their mouths shut gives them an advantage in that area.
They (the prosecution and the defendant, as well as their councel and their agents) are prohibited from commenting on investigations involving JAG. This does not apply to the parents of the victims in either case or to any witnesses that might be involved. Also, while LE can't comment on the investigation of JAG's possible involvement in Amber's case, they can comment on her case as it relates to other details.
However, since it is an ongoing investigation of a cold case that has suddenly become hot again after the discovery of her body, chances are they will not say anything for fear of compromising the case. That is probably why they are not saying anything at all. And JAGs potential involvement certainly provides convienent cover for that purpose. Even if they exclude him the gag order would prevent them from saying so at this time.
However, since it is an ongoing investigation of a cold case that has suddenly become hot again after the discovery of her body, chances are they will not say anything for fear of compromising the case. That is probably why they are not saying anything at all. And JAGs potential involvement certainly provides convienent cover for that purpose. Even if they exclude him the gag order would prevent them from saying so at this time.
Ghostwheel
Pyrrhonist
"also to refrain from commenting on any ongoing investigations in relationship to this case or the defendant."
This sentence can also be read as:
"also to refrain from commenting on any ongoing investigations in relationship to the defendant." Which means if they are investigating Amber's death in relation to JAG (and they would be fools not to), they can say very little. Maybe tell her parents how she died, and ask that they don't tell anyone. The parents are not required to stay silent unless they signed something to that order, but they would be wise to say nothing. I am certain they would want to make sure nothing is out of order so that whomever killed their daughter will not go free. But the less LE tells them, the less that can slip out in conversation.
When you have a statement like "also to refrain from commenting on any ongoing investigations in relationship to this case or the defendant."
it comes up looking like the following:
- "also to refrain from commenting on any ongoing investigations in relationship to this case or the defendant."
- "also to refrain from commenting on the defendant."
- also to refrain from commenting on any ongoing investigations in relationship to this case."
- "also to refrain from commenting on any ongoing investigations in relationship to the defendant."
They covered it pretty well to make sure LE does not talk or have to talk about anything that might possibly have any connection with the CK case OR with the defendant (JAG). It certainly must make it much easier for them when dealing with the press.
The investigation of JAG in connection with Amber is just one part of her investigation, they would be doing other things as well which would not be covered by the gag order. If he was the only thing they were investigating in her case they would have charged him by now.