Government press conferences and press releases about arrests have always bothered me. It's especially infuriating when the government complains about defense lawyers speaking to the press after they issue their press releases. Well, finally, a judge in New York said "too much." Here's the AboveTheLaw article about it:
Eastern District of New York judge Eric R. Komitee was not pleased with one of U.S. Attorney Breon Peace’s press releases.
Carlos Watson, founder of Ozy Media, was arrested for allegedly lying about the company’s financials to investors. In touting the action, Peace wrote a press release that reads:
“As alleged, Carlos Watson is a con man whose business strategy was based on outright deceit and fraud — he ran Ozy as a criminal organization rather than as a reputable media company. Investment fraud undermines confidence in our nation’s markets and investors and makes it harder for honest businesses to compete. Our office and the Department of Justice have made it clear that prosecuting corporations and their corrupt executives who flagrantly violate the law are top priorities.”
But Watson is seeking the removal of the release from the U.S. Attorney’s website, saying it could impact the fairness of his trial.
The judge seems sympathetic, saying grouping Watson with “corrupt executives who flagrantly violate the law” could impact the trial.
As reported by Law360:
“Despite being styled as a statement of law enforcement priorities, rather than a comment on the defendants themselves, this language (and its placement) directly implies that Watson’s and Ozy’s indictment reflects these priorities in action,” Judge Komitee wrote. “Accordingly, this statement, too, walks the line between legitimate and illegitimate commentary.”
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