Judge lifts gag order on attorneys in Binion case

Friday, March 31, 2000 | 11:03 a.m.

District Judge Joseph Bonaventure today lifted a weeklong gag order on the high-profile Ted Binion murder case.

Bonaventure this morning also denied a defense request for a change of venue, sought because of widespread publicity.

He said moving the trial outside Las Vegas would have "minimized a sense of closure" for the community.

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

Bonaventure agreed to reconsider the order at the request of defense attorneys and lawyers for the Sun, Court TV and KVBC Channel 3.

At a hearing this morning, Bonaventure asked the attorneys why he should lift the order.

"Why fix something that isn't broken," he said.

Attorney Dominic Gentile, who represents the news organizations, said the order had "served its purpose."

Bonaventure's biggest concern was selecting a 12-member jury amid the media crush. The panel was chosen in just two days, much quicker than anticipated, and the judge already has admonished its members not to read or watch any news reports about the case.

"Now that the jurors are identified, you have taken extreme precautions to see to it that they will be insulated from publicity," he said.

Gentile said the Nevada Constitution deals with "self-restraint, not prior restraint" on free speech.

After weighing Gentile's words, Bonaventure issued an order agreeing with the lawyer.

He said he now is confident that the defendants will be able to get a "fair and impartial" trial without restricting the freedom of speech of the participants.

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.

"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 marketplace of public opinion."

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