Tuesday, February 21, 2012

Standard-Examiner: One of Stewart's Attorneys Files Motion Opposing Request for Gag Order

Sodden question: Where are the prosecution's appointed defense council, Ryan Bushell and William Albright with respect to this issue?

As a followup to Saturday's story, the Standard-Examiner reports this morning that defense lawyer Randy Richards has filed additional moving papers in the 1/14/12 shooting matter, i.e., papers opposing the prosecution's motion for a gag order in the case:
This morning's story helpfully provides some of the text from these most recently filed papers:
“While defense counsel recognizes the importance of not trying this case in the press, there are some concerns regarding a blanket gag order, given the magnitude of the case and some of the misinformation that has already been disseminated to the press,” Randy Richards wrote in the motion.

In the motion, Richards wrote he opposes the gag order as it would hinder “correcting erroneous or adverse publicity.”

As it only would apply to the lawyers involved, “other individuals may release information to the press that could potentially be contrary to the goal of a fair and impartial jury.”

The motion also claims that information has already been released about Stewart that is “potentially misleading and factually prejudicial,” but gave no examples.

“Furthermore, due to the often confusing nature of legal filings, arguments, and orders, occasionally the press gets it wrong,” Richards wrote.
This is of course the very type of argument that justice-minded lumpencitizens should expect of a zealous defense attorney in a case of this magnitude, especially in a public atmosphere where the local jury pool may already have been tainted by the publication of substantial misinformation which prejudices (and may preclude) a fair trial in this matter.

Mr. Richards is Stewart's originally retained private attorney in this case, who is now apparently working pro bono publico in this matter, notwithstanding the prosecution's earlier request that Richards withdraw from the case.

Sodden question: Where are the prosecution's appointed "public" defense council, Ryan Bushell and William Albright with respect to this issue? Will they be joining Mr. Richards in his opposition to a gag order, or will they continue to remain silent throughout this important early pre-trial phase?

Supplementary question: If you or a loved one were charged with a serious crime in Utah, who would you prefer to have defending your interests? The obviously zealous Mr. Richards, or the prosecution's own personally selected public defense lawyers?

4 comments:

Bad Is Good said...

" If you or a loved one were charged with a serious crime in Utah, who would you prefer to have defending your interests?"

Since you asked, Rudy, I'd prefer defense attorneys like  Bushell and Albright, so long as they'd show no interest whatsoever  in my case.

I'm a masochist of course, with an unresolved death wish, so decide for yourself whether my vote counts..

blackrulon said...

They would certainally be the preferred lawyers if you wished to file an appeal based on ineffictive counsel.

nohate said...

Good clear thinking!

Tim said...

 https://www.facebook.com/groups/322714584428207/

Something you can look at.

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