Prosecutors have filed a response opposing a motion from attorneys representing defendant Tad Cullum, who are asking the court to sanction District Attorney George Leach for allegedly violating a gag order.
Cullum’s attorneys claim Leach violated the order through statements reported to a journalist and by publishing a blog about the Butler-Kelley case.
In its response, the state argues the court’s order prohibiting extrajudicial statements was not a blanket ban on all public comments. Prosecutors say the order allows statements that do not express opinions about the facts, charges, evidence, or information related to past hearings or court rulings. The state also argues the defense failed to demonstrate how Leach’s statements violated the order.
According to the filing, Leach’s comments indicated that Cora’s daughter would be served with a subpoena and would likely testify during the trial. Prosecutors also say the blog post was written in response to allegations that the district attorney’s office had tampered with a witness.
The state contends the statements were not opinions, did not concern anticipated court rulings, and will not be introduced as evidence at trial. Prosecutors are asking the judge to deny what they describe as the defendant’s baseless motion.
In a separate filing, the defense is asking the court to allow journalists to record, video, and televise the jury trial.
A hearing on the pending motions is scheduled for July 30, when the judge is expected to issue rulings.
