WWL>Topics>>2-19-14 12:10pm Garland: on pre-trial publicity

2-19-14 12:10pm Garland: on pre-trial publicity

Feb 19, 2014|

Garland talks about whether pre-trial media coverage is in the best interest of justice with Dr. Celia Lofink of the Jury Workshop and Marie Mullaney of Litigation Solutions.

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Automatically Generated Transcript (may not be 100% accurate)

Well YouTube live Dearborn via. Shortest -- tell. You've seen the higher profiles. Lawsuits high profile trial on air but leaves dancing deliberated on and on and on. We've seen a US attorney having to result in two of his assistant and resolve the Rio thank. Because of blogging they did about persons of targets. Aura about trial coming up or in progress. And I don't think you saw anything happened -- those people living consequence of that and golden of the job. And -- looked at all this time -- question that Malloy your print always laughed that. They went initially and then thinks of me again. While we allow pretrial publicity. If it's because the First Amendment right -- oh. And it's a good yeah but if you if we didn't know anything -- went to trial in New York trial finished. We have a transcript we got reports of everything went on. Wouldn't that be our right to know would get satisfied in and another pesky little amendment amendment number six. Might actually give somebody a fair trial. So in in a lot of -- leaves -- it's 2010 journal pod technology law. Raises some interesting questions. That don't smaller -- that have found that happy. The title of their starting units along -- two years and pretrial prejudice. Our YouTube generated news coverages said that complicated the concepts of pre trial for Jews doctrine. And in danger sixth amendment fair trial rights the -- so there are some experts out there. That that -- to see a little bit of what Agassi and more of their parent graft they say the -- fair trial by an impartial jury. Is fundamental constitutional right pretrial news coverage of criminal trials often undercut the guarantee of an import to cure. Often to. By exposing prospective jurors to president troop. Prejudicial. Information concerning the pendant. Remedies must take into account the new challenges of Internet driven media sources. YouTube by the video sharing web site called -- change. For the fourth amendment rights assuring. Jury pure. That the audits or -- it wouldn't get some experts to set me bright and William thinking about. Doctors who -- drink with him from the jury workshop doctor approach Richard Jordan's. Thank you. Thanks for having me this way. Thank you and a marine mow Moline meet litigation solutions group welcomed the show. Thank you very much. All right I'll give me just saying laughter or option I give all my lawyer -- doctor Loomis overview. Why isn't must that we have pre trial published. Well I'm sorry to disappoint you Garland and I have to say I'm -- them. Probably side with many of your lawyer -- in bringing up that. I don't know I expected that lead. -- -- -- Belly and it. As a stand today it is a constitutional right to have that on the invitation available. So I think. What becomes the next. The question to ask. They they're welcome to ask your -- differences and how do you manage that and I think. You know that's what you found -- -- army church was really an attempt to. He suggests that their tactics. That it could be important by trying to clean and it's inevitable. Marie you feel the same way. Well yet and now I think that -- Key power of the Internet is it wonderful -- net. Anybody can say anything these space and have -- voice switches. -- -- -- on the other parent entity. The that the threat of social media and a negative publicity neck and involved. I pretrial. He really. It's a detriment of the defendants that it's facing. You know it's huge unpopular position you know before they even gotten to court. Doctor -- during. If if we went to a process -- and I've suggested. Where have we got all the information at the end of the trial fringe groups interviews sound bytes whatever maybe. Would that not satisfied the person movement blow in forcing the -- the man. Certainly in areas that you can imagine. Seen. Utley is allow turn -- level of protection for the individual under the Fifth Amendment. You know currently as much as you know we've won and that's and that's scenarios it's not. The scenario that we currently at today so. While you know -- in other. You know lately today but certainly -- wonderful. I think and -- -- debate that's true. I keep saying so however given the nature of what it was and today it. It is he it's some situations. Eric is that I can use that word that Jeremy. Find out our information that shouldn't be in almost excellent -- -- -- -- the defendant -- They -- I tried to prize that year tool is defending that person saying why not consider anything. People selling well and they ought to that story so. That's going again he can get right into the occasion during -- much it can be differences can get into. The actually -- of the fact that you know managing it. Under and correct me -- this wrong because I admit -- a -- who stood. I confuse myself kingdom but that thing does is attributed. To you both you and re both been here what paragraphs. 2011 capital jury trial in Connecticut while council operated under a cat gore. News reporters. We're allowed to -- -- from the courtroom from the ipads Smartphones laptops during the trial. Meanwhile prior to the trial massive amount of negative publicity including over 600 hate groups. On FaceBook 101000 article from newspaper coverage worldwide. As well as -- blogs and other social media. That doesn't sound like that's a threat to this six among. Foliage in the effectively in the marine may wanna -- -- -- well. Again it to be dying in the same. Couple appear at their. So what we gave it meant that it was to step up and do what we could -- -- -- -- said that and it's right. Further it -- being. -- potentially violated to work on changing things is because of that it's not just. Counting numbers of articles with numbers that they -- the numbers. You know at the -- Hopefully -- out but it really looking at this centenarian and the culture land. All the patterns are seen it for me. Ground defended against that -- to do what could be done is. And to work on changes and you know. I I -- until I agree with ninety. An interesting thing that we their life and the -- it's sitting there. It I sat next to attorney who under a gag order he had his iPhone -- On. Watching -- Twitter feed allied Twitter feed from the court said that. Dated -- and -- -- attempt at buying detective honesty and being interrogated by remember. Defense team and on the Twitter feed from the call the -- here reporters behind it and the gallery. We watched two different things one how defensive annihilating. You know really going aggressively after this detective and then another one was just like hold on you know Crockett and the -- -- It was a fascinating you know on. Powell perspectives. Are. So note skewed our personal lives store. You know here we -- -- and I that there it was just ordinary cross examination so. -- the power depressed to sensationalize. Or do you know diminish. It's a it's a little scary. I don't know -- will will take -- but. And I hear this who do it laughter like Michael well lords Britain's. When I even asked the question why did we need previewed pretrial publicity. Report I'm here and support it sounds like we got a problem. And yet there it goes back to and again strong -- for. When I will discuss -- them all hoping to have learned over the years about the legal industry you know already know. About the media industry. They always soup we garlic it's the best system there were. I always say that the media says to. But -- I've got a house with a -- expensive how route which I do. And developed to leak that T he top in the league that suggest. It's not doing what we're told it's doing it or read them. Fix the -- And -- bill law industry and the business media industry. Don't seem intrusive and leaks. -- -- -- I'm wrong when we come back double of the a little scientific. Unofficial poll that we do every day goes like his are proving governor of the poll. You think pretrial publicity helped her to trial and -- 3%. Say it hurts. I'm here you'd tell you the legal industry does not agree -- or me. We have to represented -- of the legal and street talking to his doctors who Yahoo! open. Of the -- workshop and Marie you Mobley these litigation solutions. Doctor -- used to Wear the oh. All right and you have to I want one of scuba. This one of the main reasons why I'm still asking the question even after hearing you or your response. Here in New Orleans in war -- the last couple of days filed suit in federal court. He contends the government. Here and you'll -- league non public information to the -- And ordered from playing public opinion. Against their target of federal markets to affect the impartiality. Of the -- That's what he studied Sunnis he's talking about his client but this is tapering. It cannot be disputed. There have been a pattern of disclosure of confidential information. And federal removed. The local media have regularly reported details of its field builds of the information. Indictments. I didn't applaud. -- individual. Referring to them is the envy. And charging document and factual base to disclose specific items seized by the government in the race. Correctly predicted the date and time indictments. And discuss the identities of federal targets. Theory is -- government investigation. And that. The activities. Of the Granger. Now how does that not threaten my six on. Great -- About it I don't uttered on Syria it. You were -- and joke route nine and Napoleon temperature and what most of monologue of Britons have told me. Didn't see this on her call. Us and I -- these. The judges are paraded the Telesis the -- They have an awful lot of power to -- -- that scares me see that there. Yeah and it's -- I can say that you know we'd be at the end of practice of grand juries being. That could have been investigated well that you we maintained all. Right structure around it is. You know determined it something as -- probable cause to go to trial and then and then only then. -- become a public matter that been turned out these questions about pretrial publicity. That's the -- that happened. Absolutely as a family are independent and moments where advocate giving up ground absolutely. Usually the best and then at the venue go about doing something. Well I would values that we -- it. They are -- it says. It Indonesia do everything in my power to stop those weeks is appropriate criminal action -- action against those that make some. But there's a lot of places in the world that don't eat that apple is something out there they're faster investors didn't care not to flee their. Pouring. Also the criminal water into the yeah. I hear what civilian doctor -- golden -- people who knew better in the sixth amendment say in part and in port of what you're saying listen this. USA today didn't two year investigation. Documented 201 criminal cases. In the years that followed -- which judges determined that the Justice Department prosecutors. And agents most -- and most powerful law enforcement officials then -- well. Violated the laws and at that ruled over and over again. In case after case during that time judges blasted prosecutors for flagrant or -- -- misconduct. They called some prosecutors hiding evidence founder of the flying to judges and juries. And others broken plea bargain. And in again and or people listening. Go look up. Senator Ted Stevens fraud. And see abuse thing pretrial publicity. Doesn't condone nor of people -- for the have reached. The court itself. These bigoted things I won't come back and talk to -- to go over and keep you for ten more minutes. But I really am asking the question and I really am looking for mantra but I can -- -- Just by sitting there all the -- to the world there are much worse than me it's still to -- beginning of you a little bit like. A tiny bit of a police state -- you gotta worry as much about the law enforcement people as you do about room. Tell we were all wrong and that. Here in New Orleans I don't think uses that immigration is say that we have had. High profile court cases more than abundant the most pleased Amir -- and seven -- and others. Very interesting. Issued that happened in the last couple days local attorney. Filed suit in federal court -- contends the government has leaked -- public in permission to the process. In order to inflame public opinion against their target to infect the impartiality. Of the grand jury. Here's an example what the lawyers says. The leaks. To the press. In his -- or nearly identical leaks in at least nineteen. Other cases. Investigative body of the over the last several years. Second the FBI is admitted to admit it to exploiting media coverage in advance of the investigation. And the former. US attorney testified under or over. The suspected -- the lakers sensitive DOJ information. Including greater injury information. Source at the FBI. And finally the government. Has resisted all independent investigations. Into this pattern leaks to the media. Back toward humans says in his word. I would -- real background -- that -- since then. Like -- attorney's office has done in the past the FBI is simply investigated. Itself. And then cleared that so. -- all of their highest the question of why do we need pretrial publicity and a to grow ladies have been kind enough to give me their time and expertise doctors -- -- during the during workshop. Marie Mullen unity litigation solutions. -- Do you see why -- wanna start to lose faith in the system in number two it feels like. Don't -- -- industry. Is putting the focus on. Protecting what the government. Is in not too much what the the dependent it's in the trauma center McCann went. -- yeah. And you know I I would suggest that we all. Need to think about the government and you know set of people as well just like any other. Individual part of our societies it and it. Has either been brought up for charges Miller has -- -- -- -- themselves but I would absolutely tell you it -- circumstance it. I don't think it's any use for. -- -- in the way in allowing. Forward. You know fit that kind of thing to go on without at least. Treating it like every other potential. You know the matter is that they go for the -- and so I I would also say that it's not holding back -- little forward in accelerating opposite in about our. Our. -- -- compared you know it. In this country that it has been absolutely using happened in instances. To. Determinant. It you know it. It's important and that the individuals but the bad news in this city and in the same way to get some reliable pretrial publicity and of itself as the case but then after the and it. It. -- -- to tricky tension you know where he. These people that are doing any investigating are doing. The -- the most harm in me. Pretrial leaks. And who was investigating bat. Back to. Our world the city. Our respect for the commands and deterrent we talk about who are -- true patriots like defending the constitution's. Criminal defense attorneys put themselves. On the front line all the time in the popular tradition corporate and unpopular clients. Put -- unpopular things that sometimes terrible things. They don't act out and that -- some mighty power of the government and so I get -- -- To promote the attorneys Q you'd all the resources that they. The skill and a talent and -- To confront that -- especially since it's static you know by the U do you think -- government it's a big job. In the NC approved of the does the thought. Those. To me everything -- residents cancel that huge breaking the law. Why information was rendered some new rendered workings were secret. Bullets say -- we're gonna go prosecute those that break the law is that what they tell office. USA today again to your investigations here what they did they couldn't get to -- department of the FBI and to tell them who got prosecuted. Or all of these criminal cases. That that there was wrongdoing in the breaking the law. -- today drawing on state or records of that applies only one. Federal prosecutors who was barred even temporarily. From practicing -- from -- conduct. Over -- fourteen year Perry. I go I go back to. This -- one -- warrior programs in the -- and not two but. A minimize fifty more -- tell me. Golf it's always been. The judges. Are parade of the Justice Department. The Justice Department has a lot of good people aboard there. But for some reason industry isn't worried about the bad apple it's not thinking about him hurting. The reputation of those -- to try and do the right thing and they sit here's the deal. The more well known ratings they get the hang on the wall. -- higher speed they may win -- while pumped into the system and at the end dependents. Is is that an exaggeration. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- We have -- I don't have to worry about new room what do you have gone out of the in particular law leaders. Maria and I. You know I think. It's effective enters as well you know why Murray -- -- -- earlier -- -- in. I think differently if I'm up at the plate and then apple in the system that has been dead. Technically and on the whole is in effect the lies in the -- and then. I I think it brings out -- plane. Bob but I think of the terrible. Ailment and the civic and (%expletive) about it. -- -- -- -- -- -- -- -- -- It now he did great and compare it to the right thing isn't you know. But it didn't. Is excellent to be out of structured -- legal recourse we all -- that that itself in the country. Or if you will meet -- ten more minutes -- -- take -- last -- But what a comeback on the ropes stumble on something in the red may be incorrect but I heard it none of that trend grip from front line and which I think -- Pretty good program they seem to lot of homework 93%. Of us in this country and never go to. 7%. Standard charge -- Because of plea bargaining. So elect that opened up a good enforcing answer is so wide that sykora and we'll see you at that the correct -- after office. We'll introduce Carrie Garland and you help me understand. Why all -- pretrial publicity. Is valid and balance between the first amendment -- in this sixth amendment expert trial. Right to know what score and on we have doctor. Certainly a low paying for this the -- were -- read -- in the litigation solutions. Doctor where is -- -- If just yet. The federal government. -- brain injury information. To the media. In the media Roland is that a law broken. Well. It's certainly. Look like -- me and it but again -- Not seeking any other place and it paper. Re acting weird question. It feels like you know that. There you're putting out kernels of information that are not. And beat clearly and and Natalie potentially criminal -- but it is news. I think at that plane. Violating the process is due process supported that individual. Marie were betting pollute the media. My immediate responsibility. Can be. Two. -- category tidbit that the story that came from and proper. The war -- in improperly is we're here your property and copy and publish that information. But they couldn't be prosecuted just like. Accordingly you recede today belong may have been broken but prosecutors from the prosecutors in the media couldn't be prosecuted as a bright. Lack I don't know. Well that's what you're gonna ask you guys come -- -- though the show. Which I doubt that you will but would vote for a illusion when live scores. You bark or bleeding all I've read that 93%. Again it was Frontline numbers at some credence and 93 person then people get charged by the government in this country. Never go to trial. Elect a plea -- this is what Frontline and says. Plea -- work by a threat. What private tutors -- to remove dependent plea bargaining is quote. It's written right to jury prize or Dugard. And -- convicted on opponent we will cede to that you're punished whites. One for the often want for a have a -- to moderate. To exercise its right to pre trial it's a quarts -- since this. And the prosecutor has minute devices which increase the level of -- and all -- -- prosecuting. White. He has Frontline role in this and that is that the reason to change the way we do. -- -- I would like to play other boy I'd be on our president than they'd done saying expect I would like to believe the front line is wrong about that that. Are there that may not be that 93% maybe never go to trial. I'd like to believe it. To some extent it really is kind that the process that they thought of that decision. It's based -- values and information for that. President defended it he -- decision. It's practically -- note and I barely -- Carolina. I'd -- -- commentary every church and other forms -- Jerry reed fits that we came up with the attorneys put it and it turned into the process can give them. Valid interpretation. That then they -- out there. -- taken a decision about and it's not about giving up their right to trial it's not about winning and losing as to some extent. It is only somewhat differently. But they can form. Efficiently and not slept. On that that would be troublesome and he did. Can tell you that night I -- gold that the statement from Frontline. Maria we go -- about a minute left of the pain. And could you Rhode Island -- -- uses this process. That works by a threat. Boy who. We're glad you're every become. -- My personal experience to thirteen but he. And prosecutors. I think -- are afraid properly. -- color techniques that again that true. You know they can put it ended in isolation for a period China keeps -- moving them around and -- to -- -- and or witnessed it that they want to testify. In -- it child they can make. Light inside for that there are incarcerated. Pretty tough for that. -- -- Identity com court to testify -- -- -- date. Will be helpful to the trial that they've been told the story in the ways that they why apple so. You know -- -- -- -- when it's that 3110. See. These techniques to. -- kind of witnessed myself you know in the courtroom bickering and these witnesses recanted and did that. You'd think world back -- feature I think there. Talent saint story that they are -- -- -- had to get to that point. It is -- big statement to say. Garland got a better education. Are that time in the call you have great. About a BO complain about. Do not go away and Joseph hills that with a great show -- Q do you believe you'll get -- from security. Or do you fear it will run. -- -- celebrity immoral and the media them.