Judge to consider lifting gag order

Thursday, March 30, 2000 | 11:18 a.m.

District Judge Joseph Bonaventure has set an 8 a.m. Friday hearing to decide whether to lift a gag order on the high-profile Ted Binion murder case.

The order, which bars attorneys, defendants, witnesses and court employees from discussing the case with the media, has been in effect since Monday, when jury selection began.

Bonaventure agreed to reconsider the order at the request of defense attorneys and lawyers for several news organizations, including the Sun.

Attorneys for Binion's accused killers, Sandy Murphy and Rick Tabish, were the first to ask the judge to dissolve the order Wednesday after Bonaventure had impaneled a 12-member jury and six alternates in less than three days.

At the same time, Michael Cristalli, a lawyer for the Sun, KVBC Channel 3 and Court TV, a national cable network providing live coverage of the trial, showed up in court to inform Bonaventure that the news organizations had filed a motion requesting the gag be lifted.

Bonaventure announced from the bench March 22 that he was issuing the order to protect the integrity of the judicial system and the rights of the defendants to a fair trial.

He said both sides had sought in recent weeks to manipulate the media and potential jurors.

Defense lawyers appeared to be doing most of the hype the past two months.

Murphy's attorney, John Momot, hired a publicist, and Murphy did interviews on local and national television proclaiming her innocence. Even feel-good home movies of Murphy and Binion were shown over the local airwaves. Defense lawyers also leaked the results of a public opinion poll about the defendants to favorite reporters.

Momot made it clear that he was embarking on a public relations campaign to counter what he called a flood-tide of negative publicity against his client early in the case. Much of that publicity was generated by the Sun, which had obtained thousands of pages of investigative documents in the widely followed case.

"This court has observed a virtual pipeline of information to particular journalists from both the defendants and the prosecution," Bonaventure said. "Guilt or innocence must be determined in the courtroom -- not the market place of public opinion."

In court papers Wednesday, Cristalli and his partner, Dominic Gentile, said there was "no doubt" that Bonaventure had issued the order in good faith because of the massive publicity the case has attracted.

But they added: "Although the news media were not directly enjoined from discussing the case, it was apparent that significant and meaningful sources of information concerning the case were effectively removed from them and their representatives.

"To that extent their protected right to obtain information concerning the trial was curtailed and impaired."

The media lawyers said Bonaventure's biggest concern about selecting a jury amid the crush of media now has been eased. The panel was chosen and given its marching orders much quicker than anticipated.

"Once this court impanels a jury and admonishes them as to their responsibilities, the threat of prejudice to the defendants and or potential witnesses disappears," Cristalli and Gentile said. "The jury will decide the case based upon the evidence and argument in open court and not by any outside influence, whether private talk or public print.

"As such there exists no serious and imminent threat to the administration of justice and therefore, the enforcement of the gag order will constitute prior restraint upon freedom of expression."

Jeff German is the Sun's senior investigative reporter. He can be reached at (702) 259-4067 or by e-mail at german@lasvegassun.com.