Friday, January 11, 2008

Gagged?

Unfortunately, I will not be blogging about the Liberty City 7 case any more until the following issue is cleared up:

As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio. I recently filed a notice of appearance for Mr. DeFabio to litigate the gag order, and Judge Lenard issued the following order:

"[T]he gag order previously issued by the Court on December 13, 2007 applies to Lyglenson Lemorin, who is now a witness for the defense in this case (see D.E. 772), and his agents, as well as to Joel DeFabio, Esq., who has been appointed by the Court to represent Mr. Lemorin as a witness associated with the defense in this case, and TO MR. DEFABIO'S AGENTS as well. . . " (emphasis added)

Because I am now one of DeFabio's agents, I take it that I cannot speak about the case. I filed a motion to clarify that today, but until that is ruled on, I don't think I will be posting about the case.

8 comments:

Anonymous said...

Sounds overbroad. Does this include his insurance agent and travel agent, too? Perhaps the rest of us should just gag at the extraordinary incursion into protected First Amendment rights resulting from this order. In the meantime, David, I think you have an obligation to speak out and continue to post your blog, without concern for your own liberty. Or, perhaps, you can have Rumpole post it for you as a guest blogger. Or I'll do it -- just tell me what to say.

Anonymous said...

America gags ... Day 31 ...

Anonymous said...

America gags ... Day 32 ...

Anonymous said...

America gagged ... Day 33 ...

South Florida Lawyers said...

Strikes me as excessive. Good luck, I hope you prevail on this.

Anonymous said...

Day 34 ... the First Amendment held hostage ...

Anonymous said...

Day 35 ... the First Amendment whithers ...

yellowhouse said...

We are blogging about our case and the Prosecutors has filed a motion to GAG us from our blogspot. We go to court next week. I posted the motion on my blog.

http://corruptioninjusticedepartment.blogspot.com/