Gag Order and Judge Reassignment Requested by Public Defender

TravelingBug · Mar 9, 2010

This came out at the hearing earlier today but hasn't really hit the local news as far as on tv yet.

"Epley told the judge he also wanted the judge to consider imposing a gag order on all parties related to the case, particularly all branches of law enforcement, preventing them from sharing details of the investigation.

The judge declined to rule on the order Monday, saying he need more information before he could consider it.

Gardner is due back in court Tuesday morning for a status conference. The defense attorney indicated he wanted Danielsen to consider permanently assigning the case to another judge."

http://www.signonsandiego.com/news/2010/mar/08/judge-orders-release-gardner-probation-report/

Wise Old Owl · Mar 9, 2010

TravelingBug said:
This came out at the hearing earlier today but hasn't really hit the local news as far as on tv yet.

"Epley told the judge he also wanted the judge to consider imposing a gag order on all parties related to the case, particularly all branches of law enforcement, preventing them from sharing details of the investigation.

The judge declined to rule on the order Monday, saying he need more information before he could consider it.

Gardner is due back in court Tuesday morning for a status conference. The defense attorney indicated he wanted Danielsen to consider permanently assigning the case to another judge."

http://www.signonsandiego.com/news/2010/mar/08/judge-orders-release-gardner-probation-report/

why would the PD request another judge travelingbug? You got any inside info on this particular judge?

TravelingBug · Mar 9, 2010

And while the specific reason he cites pertains to Amber's portion of the news, it's relevant here since it came out at Chelsea's hearing, plus would likely happen across the board - and, it'll be followed up on in the morning at the JAG hearing pertaining to Chelsea's murder.

Guessing his wanting the case reassigned has to do with Danielson's response below. LOL

Epley also asked Danielson to order what was essentially a gag order in the case for law-enforcement officials and the county medical examiner's office, something the judge was reluctant to do, pointing out that any parties to such an order should be given an opportunity to speak on their behalf. He also asked Epley if he was referring to any specific incident. Epley then asked the judge for a minute to discuss something with his fellow public defender, then told the court that the Escondido Police Department had just issued a statement in connection to his client roughly five minutes prior, and he again requested that Danielson silence investigators in regard to the case. Danielson demurred, saying he could not issue an order without specific knowledge of the facts.

The judge did, however, say he would take up the matter [gag order possibility] again in the morning, when Gardner was due back in court for another hearing.

http://www.nbcsandiego.com/news/local-beat/Gardner-Suspected-in-Ambers-Death-Report-86981137.html

TravelingBug · Mar 9, 2010

SWAG1959 said:
why would the PD request another judge travelingbug? You got any inside info on this particular judge?

Swag, not sure. The only thing I was guessing had to do with a) the judge unsealing the records, and b) the judge 'demurely' declining the gag order - although both issues are apparently going to be revisited.

I know of nothing that should get him to try to do that otherwise.

Personally I think the public defender just knows he's up a creek with a client who isn't getting sympathy from any direction and he's going to try to find a way to start setting the stage for this ultimately being appealed way, way down the road, and this is just a step in the 'client didn't/couldn't get a fair trial' thing.

I followed the Danielle Van Dam case and trial very, very close, and knew someone very close to that case very well...and the public opinion and response is SO different in this case. And that's really even the closet thing you can compare it to here. It's really staggering. So I'm guessing it'll be a piece, too, in pushing for a change of venue, a 'see even the judge isn't impartial' type thing.

Charlie09 · Mar 9, 2010

TravelingBug said:
Swag, not sure. The only thing I was guessing had to do with a) the judge unsealing the records, and b) the judge 'demurely' declining the gag order - although both issues are apparently going to be revisited.

I know of nothing that should get him to try to do that otherwise.

Personally I think the public defender just knows he's up a creek with a client who isn't getting sympathy from any direction and he's going to try to find a way to start setting the stage for this ultimately being appealed way, way down the road, and this is just a step in the 'client didn't/couldn't get a fair trial' thing.

I followed the Danielle Van Dam case and trial very, very close, and knew someone very close to that case very well...and the public opinion and response is SO different in this case. And that's really even the closet thing you can compare it to here. It's really staggering. So I'm guessing it'll be a piece, too, in pushing for a change of venue, a 'see even the judge isn't impartial' type thing.

The differences in the suspects is huge though. I think anyone who had lived in or near Poway knew someone who knew Westerfield.

Gardner seems like a ready made monster because of his previous convictions - but EVEN if they were to move it as far as the bay area, you've got huge coverage of Jaycee - and people ready to lynch any sex offender - I think with any decent evidence juries are tired of sexual predators being released to re-offend.

Even Craig Peyer? Pryer? I don't remember his name - the CHP guy that had all of us scared to death to get pulled over in the 80's? He got a fair trial in San Diego.

It'll take a long time to get to trial, and some of the news will have tapered by then.

Gag Order and Judge Reassignment Requested by Public Defender

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