Order regarding publicity and media relations, as read to the court by Judge Keene.
December 10, 1969
Judge William B. Keene:
Now, in this case also, before we proceed any further, I have an order that I want to read into the record at this time. It is an order re publicity. The order that I will order the Clerk of this court to file and place into this file reads as follows:
"It is apparent, and this Court is going to take judicial notice of the fact, that this case has received extensive news media coverage as a direct result of its apparent public interest; further, it is equally apparent to this Court by reading various newspapers and weekly periodicals that this news media coverage is not limited to the County of Los Angeles, but has been extensive not only in the entire State of California but in the nation as well, and of this fact the Court now takes judicial notice.
"This Court is of the firm conviction that the impossible task of attempting to choose
between the constitutional guarantees of a free press and fair trial need not be made, but that they are compatible with some reasonable restrictions imposed upon pretrial publicity. It further appears to the Court that the dissemination by any means of public communication of any out-of-court statements relating to this case may interfere with the constitutional right of the defendants to a fair trial and disrupt the proper administration of justice. Some of the defendants now being for the first time before this Court, this Court now exercises its jurisdiction and assumes its duty to do everything within its constitutional powers to make certain that each defendant does receive a fair trial, and now issues the following orders, a violation of which will be considered as a contempt of this court and will result in appropriate action to punish for such contempt. It is the order of this Court that no party to this action, nor any attorney connected with this case as defense counsel or as prosecutor, nor any other attorney associated with this case, nor any judicial attaché or employee, nor any public official now holding office, including but not limited to any chief of police
or any sheriff, who has obtained information related to this action, which information has not previously been disseminated to the public, nor any agent, deputy, or employee of any such persons, nor any Grand Juror, nor any witness having appeared before the Grand Jury in this matter, nor any person subpoenaed to testify at the trial of this matter, shall release or authorize the release for public dissemination of any purported extrajudicial statement of the defendant relating to this case, nor shall any such persons release or authorize the release of any documents, exhibits, or any evidence, the admissibility of which may have to be determined by the Court, nor shall any such persons make any statement for public dissemination as to the existence or possible existence of any document, exhibit, or any other evidence, the admissibility of which may have to be determined by the Court. Nor shall any such persons express outside of court an opinion or make any comment for public dissemination as to the weight, value or effect of any evidence as tending to establish guilt or innocence. Nor shall any such persons make any statement outside of court for public dissemination as
to the weight, value, or effect of any testimony that has been given. Nor shall any such persons issue any statement for public dissemination as to the identity of any prospective witness, or his probable testimony, or the effect thereof. Nor shall any such person make any out-of-court statement for public dissemination as to the weight, value, source, or effect of any purported evidence alleged to have been accumulated as a result of the investigation of this matter. Nor shall any such person make any statement for public dissemination as to the content, nature, substance, or effect of any testimony which may be given in any proceeding related to this matter, except that a witness may discuss any matter with any attorney of record or agent thereof.
"This order does not include any of the following:
"1. Factual statements of the accused person's name, age, residence, occupation, and family status.
"2. The circumstances of the arrest, namely, the time and place of the arrest, the identity of the arresting and investigating officers and agencies,
and the length of the investigation.
"3. The nature, substance, and text of the charge, including a brief description of the offenses charged.
"4. Quotations from, or any reference without comment to, public records of the court in the case, or to other public records or communications heretofore disseminated to the public.
"5. The scheduling and result of any stage of the judicial proceeding held in open court in an open or public session.
"6. A request for assistance in obtaining evidence.
"7. Any information as to any person not in custody who is sought as a possible suspect or witness, nor any statement aimed at warning the public of any possible danger as to such person not in custody.
"8. A request for assistance in the obtaining of evidence or the names of possible witnesses.
"Further, this order is not intended to preclude any witness from discussing any matter
in connection with the case with any of the attorneys representing the defendant or the People, or any representative of such attorneys.
"It is further the order of the Court that the Grand Jury transcripts in this case not be disclosed to any person (other than those specifically mentioned in Penal Code Section 938.1) until ten days after a copy thereof has been delivered by this Court to each defendant named in the indictment; provided, however, that if any defendant, during such time, shall move the Court that such transcript, or any portion thereof, not be available for public inspection pending trial, such time shall be extended subject to the Court's ruling on such motion.
"It is further ordered that a copy of this order be attached to any subpoena served on any witness in this matter, and that the return of service of the subpoena shall also include the fact of service of a copy of this order.
"This order shall be in force until this matter has been disposed of or until further order of this Court."
And this order re publicity is dated and
signed by me and I order the Clerk or this court to file the order in this case. All right. The matter is now continued until dates indicated, the 18th and 22nd of December, respectively.
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