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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 07-20073-01/01-CM
GUY NEIGHBORS
and,
CARRIE NEIGHBORS,
Defendants.
GOVERNMENT’S MOTION FOR GAG ORDER
The United States of America, by and through undersigned counsel, requests the
Court issue a gag order preventing the parties from making extra-judicial statements that
threaten the fairness of the trial. In support of this motion the Government offers the
following:
A “gag” order restricting parties and witnesses from making extra-judicial statements
about a case may be entered where: (1) there is a clear or serious threat to the fairness of
the trial; (2) less restrictive alternatives are not adequate to mitigate the harm; and (3) the
order would effectively prevent the threatened danger...” Nebraska Press Ass'n v. Stuart,
427 U.S. 539, 563, 96 S.Ct. 2791, 2806, 49 L.Ed.2d 683 (1976). “The courts must take
such steps ... that will protect their processes from prejudicial outside interferences.
Neither prosecutors, counsel for defense, the accused, witnesses, court staff, nor
enforcement officers coming under the jurisdiction of the court should be permitted to
frustrate its function.”Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 1522 (1966)
(emphasis added). This principle was reaffirmed in Gentile v. State Bar of Nevada, 501
Case 2:07-cr-20073-CM Document 40 Filed 01/15/2008 Page 1 of 3
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U.S. 1030, 1072, 111 S.Ct. 2720, 2743 (1991). The Court gave direction to its dicta in
Sheppard and stated that “[w]e expressly contemplated that the speech of those
participating before the courts could be limited. ” Id. See also United States v. Edwards,
206 F.3d 461(5th Cir. 2000).
The Government and the public are entitled to a fair trial. The Government believes
that the defendant(s) have engaged in serious obstructive behavior, which serves to
threaten the fairness of the trial.
The Government would reference the Court to the website
attributed to the defendants:
http://yellowhousestore.blogspot.com/
and particularly to
specific entries that have been made in the past thirty days (since the filing of the order by
Judge Lungstrum dismissing with prejudice Count 2). The defendants have disseminated
patently false, prejudicial, defamatory and libelous information on this website about
Government officials which have been intended to undermine and unduly influence the fair
administration of justice.
These statements have the serious probable effect of impeding
justice because these statements cast Government officials in an unfavorable and false
light and could impact potential jurors.
THEREFORE, the United States respectfully requests that the Court issue an order
preventing the parties from directly or indirectly engaging in any further extra-judicial
statements pending the resolution of this case. The Court has the power and ability to
issue such a “gag” order; in light of the gravity of the defendants conduct to date, there are
no less restrictive alternatives available.
Case 2:07-cr-20073-CM Document 40 Filed 01/15/2008 Page 2 of 3
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Respectfully submitted,
Eric F. Melgren
United States Attorney
s/ Terra D. Morehead
TERRA D. MOREHEAD, # 12759
Assistant United States Attorney
500 State Avenue, Suite 360
Kansas City, Kansas 66101
(913) 551-6730 (telephone)
(913) 551-6541 (facsimile)
E-mail:
ELECTRONICALLY FILED
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of January, 2008, the foregoing was
electronically filed with the clerk of the court by using the CM/ECF system which will send
a notice of electronic filing to the following:
Dionne M. Scherff
Attorney for Guy Neighbors
Phillip R. Gibson
Attorney for Carrie Neighbors
s/ Terra D. Morehead
TERRA D. MOREHEAD, # 12759
Assistant United States Attorney
Case 2:07-cr-20073-CM Document 40 Filed 01/15/2008 Page 3 of 3
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