Deschutes DA fights judge’s ‘gag order’ in Sawyer murder case
Deschutes County District Attorney John Hummel is challenging a judge’s “gag order” prohibiting discussion about the Edwin Lara murder case, claiming it violates freedom of speech and infringes on his ability to consult with the family of victim Kaylee Sawyer about possible plea negotiations.
In an objection filed Monday, Hummel said Circuit Judge Michael Adler’s revised order prohibiting “extra-judicial statements” also infringes on his “rights as an elected official to account for the conduct of his office to the electorate.” And he asked the judge to at least modify the order so he can inform citizens whether or not he will seek the death penalty against Lara – and why.
The judge has ordered all parties in the case from making any statements outside of court that could reach the public.
Lara, of Redmond, is charged with murdering 23-year-old Kaylee Sawyer, of Bend in late July. Lara was a security guard at Central Oregon Community College in Bend. His trial is scheduled for October 2017.
In his seven-page objection, Hummel said the judge’s revised order is “unconstitutionally overboard.” He noted that Adler found Hummel had made statements to news media which “could materially prejudice” the court proceedings.
“The mere possibility of material prejudice is inadequate to justify a prior restraint on speech – even the speech of lawyers in pending litigation,” Hummel wrote, citing case law.
“It is significant that this defendant’s trial is currently scheduled for October of 2017,” the DA wrote. “The likelihood that the entire universe of communication prohibited by the second order would materially prejudice a trial set that far in the future cannot be characterized as substantial.”
If the judge upholds the order, Hummel asked Adler to modify it “for the limited purpose of informing the citizens of Deschutes County whether or not he will seek to ask 12 of them for the life of the defendant and to permit him to explain the rationale behind any decision.”
