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Judge issues gag order for the media
Published Friday, June 26, 2009
Freeborn County District Court Judge Steve Schwab on Thursday approved a protective order that restricts access to the names of the alleged abuse victims at Good Samaritan Society of Albert Lea in court files. He admonished media and other parties from releasing any victims’ names outside of the courtroom that come up in active court.
While there’s the public’s right to know, Schwab said, the victims and their families need to be remembered.
The order could be challenged under the terms of the First Amendment.
Most media organizations are not interested in printing the names of alleged sexual assault victims anyway without reasonable consent from them or in some cases their families, said Tribune Managing Editor Tim Engstrom.
Steve Schwab
The protective order was the second part of a motion presented by Freeborn County Assistant Attorney Erin O’Brien during a hearing for defendant Brianna Broitzman.
Broitzman and co-defendant Ashton Larson face more than 10 charges each related to alleged abuse at the nursing home.
The motion was made in both the Broitzman and Larson cases.
The other part of the motion asked for a restrictive order that there be no access to exhibits — such as video of interviews — submitted at the hearing until the court decides. It also asked that no copies of any audio recording, video recording or transcript of statements received by the court as an exhibit be distributed.
“This motion is made upon the grounds that access to such public records will present a substantial likelihood of interference with the fair and impartial administration of justice,” O’Brien wrote.
The motion hearing to discuss the restrictive order will be at 11:30 a.m. July 13 for both the Broitzman and Larson cases.
In court Thursday, Broitzman’s lawyer, Larry Maus, said he would waive the right to a free press to have a fair and impartial trial.
Releasing any of these documents could taint the jury pool in Freeborn County, he said.
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Comments
Posted by SRO (anonymous) on June 26, 2009 at 3:54 p.m. (Suggest removal)
Interesting....
Posted by controlledhyperness (anonymous) on June 26, 2009 at 10:39 p.m. (Suggest removal)
I agree..the plot thickens....
Posted by tallyman (anonymous) on June 27, 2009 at 8:33 a.m. (Suggest removal)
On the media gag order, it seems the judge is violating the First Amendment. How do you become a judge and not even understand the terms of the First Amendment to the U.S. Constitution? It looks like a media gag order isn't needed. Many victims have been in the paper already:
http://www.albertleatribune.com/news/200...
Posted by Opinionated (anonymous) on June 27, 2009 at 3:57 p.m. (Suggest removal)
This will require a little out of the box thinking or should I say out of Albert Lea thinking. There are more media outlets than just the Albert Lea Tribune. The people in the article, that tallyman points out, gave their names voluntarily. This gag order would prevent people who do not want their names given out some protection from other media sources. I am sure that some people would not want their names plastered all over the national news let alone the local news. As we have seen and it has been pointed out, that this is getting national attention. So in this case I would say that having a gag order for the protection of the victims is well founded.
Posted by mar (anonymous) on July 8, 2009 at 11:47 a.m. (Suggest removal)
jeez, In cases like this, why would you publicize the victims, haven't they been through enough. There families and/or doctors, lawyers need to protect them. they are not capable of making decisions, or remembering what happened to them. The public knows where it happened, how many victims, the accused, and the charges. the victims should not be humiliated anymore ever!! even if it is decided it did not happen, under their condition, their identity should be protected. I remember that there was pictures of family members, which might make identifying victims a issue, but they were enraged and wanted answers and justice. media and people shouldn't try to identify the victims, but be concerned about the Nursing home and the accused.
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