Mar 20, 2018

"There have been a number of articles in media, lot of comments. Given how small this community is, that people not make inappropriate comments as to taint the jury pool."

A hearing on a motion for a gag order in the James Merrick case was scheduled for March 20.


Judge Graham Cribbs granted the order but not before he had some discussion about the scope, language and intent of the motion.

Judge Cribbs wanted to clarify the language and what was being asked.

Judge Cribbs said that "the only entity that formally responded was the Sheriff's office. They had no objection."

Judge Cribbs asked Conflict Counsel Supervising Attorney Meagan O' Connell to provide a bit of history. He referred to the publicity that the Jon Goldberg case has received.

"There have been a number of articles in media, lot of comments. Given how small this community is, that people not make inappropriate comments as to taint the jury pool."

Deputy District Attorney Brent Kling submitted on the motion and said that while he could not recall specific articles or negative comments, the People submitted on the motion in the interest of justice and due process.

After some discussion between Judge Cribbs and Ms. O' Connell, she clarified that this applies to attorneys, court staff and employees and any investigative and law agencies.

Judge Cribbs talked about the language as written in the court order. "I see what you are saying. I still don't see the language." Judge Cribbs referred to his concerns and whether as written, this infringed on the rights of the press to cover a case.

"That is not the intent," said Ms. O'Connell. We are not prohibiting the press from covering this case."

Merrick is charged in the 2016 case with murder, two DUI counts and hit and run in the death of a teen pedestrian in Mckinleyville.

Trial confirmation is scheduled on March 21. Jury trial is scheduled for April 9.

Previous post:
https://johnchiv.blogspot.com/2018/03/hearing-for-gag-order-scheduled-in.html?m=1

1 comment:

  1. Times have changed. Tainted jury pool is the least of his worries. The phrase Slam Dunk springs to mind.

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