Wednesday, January 21, 2009

DA: Freeze Info To The Media In Maxwell Case

by Caroline Trudeau

Oswego County District Attorney Donald Dodd is asking the court to block the lawyer of accused murder Alan Jones from releasing information to the media, according to The Post-Standard. Dodd is arguing that it could taint a potential jury. 

Salvatore Lanza, who's representing Erin Maxwell's step-brother, has provided the media a forensics autopsy summary sheet, copies of potential witness statements, and of the investigation report.

Dodd told The Post-Standard that "any criminal case is not to be tried in the press." On the other hand, Lanza thinks the district attorney is trying to "stop the flow of information." He also thinks that, no matter what, it will be practically impossible to find any potential juror who won't have seen or read any information on this case.
  • The conflict in this situation is between the freedom of the press, and the right to a fair trial. Is there any danger to Jones' trial if the information was released in the media?
  • Should the media have access to all the information on this trial? under which considerations?
  • Is the DA's demand fair, considering that the "Supreme Court has made it clear that jurors need not be 'totally ignorant of the facts and issues involved' in a case to be considered impartial." Hopkins, W. (2009) Communication and the Law, Northport, Ala,: Vision Press, p. 344

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