Journalists and the rest of the public waited more than two hours outside a second story courtroom on April 7 at the Santa Maria Courthouse to see the arraignment of 12 alleged gang members accused of committing multiple gang-related homicides in the city.
Much to the frustration of journalists, the public portion of the hearing only lasted 10 minutes. However, the bigger issue at hand for reporters was a gag order that would prevent them from doing their jobs.
Attorneys for two of the defendants, Tom Allen and Stephen Dunkle, filed for a protective order—or gag order—in late March that would, if approved by Santa Barbara County Judge John McGregor, prohibit the case from being publicly discussed.
The order pertains to anyone involved in the case—witnesses, police, court officials, and even reporters with the news media, who would also be forbidden from covering the case. The extent to which local reporters would be barred isn’t clear.
Local outlets were reportedly served with the order—a stack of papers several inches thick—on April 3, although the Sun hadn’t received one as of press time.
The gag order is the latest development in a case involving 17 men and women alleged to be members of Mara Salvatrucha (MS-13) and were arrested in March 2016 as a result of Operation Matador, a yearlong investigation by local and federal law enforcement looking into the string of homicides in Santa Maria from 2014 to 2015.
The case has been heavily reported in the press, including a Sun article that reported on a Santa Maria Police Department fake press release that was subsequently reported as truth by local outlets. Police Chief Ralph Martin said the press release was necessary to save the lives of two young men targeted for killing by the alleged MS-13 members.
The gag order pertains to Martin, who in the past has negatively referred to MS-13 in Santa Maria as the “Mafia in Chicago just moving into your city” and “committing horrendous acts.” In the order, Dunkle also argues that the fake press release makes the defendants look dangerous.
Dunkle’s motion also points to a press release sent out by Santa Barbara County District Attorney Joyce Dudley and statements made by Senior Deputy District Attorney Ann Bramsen—who’s prosecuting the case—that referred to the defendants’ alleged connections to other murders.
Dunkle, who represents defendant Marchos Manuel Sanchez Torres, argued in the order that any further negative news coverage of his client is jeopardizing his right to a fair trial. Torres is facing 41 charges, including first-degree murder. With 12 defendants, it’s the largest case in the history of Santa Barbara County.
At a press conference following the April 7 hearing, Allen told reporters that bad press coverage would bias any potential jury pool.
“The public has a right to know certain things,” Allen said. “It just depends on how much that right gets to the point where it interferes with the accused’s right to a fair trial.”
Allen referred to the U-Haul murder trial in March 2015, in which more than 700 potential jurors were interviewed.
“I listened to hundreds of responses to various questions and what input, if any, the media had on them,” Allen said. “You start to lose a certain population sometimes that represents a cross section of a community. What you want to do is ensure a cross section.”
Courts are generally powerless to stop the press from covering a case. The U.S. Supreme Court ruled in the case of Nebraska Press Association v. Stuart in 1976 that any such attempts were considered prior restraint, which is unconstitutional.
California Newspaper Publishers Association attorney Nikki Moore said there are better ways than gag orders to ensure a fair investigation, like moving the trial to a different county.
“Until it’s approved by the court, the protective order would have no effect on somebody who’s not a party to the case,” Moore said. “Generally, they’re very suspect and very unlikely to pass.”
Bramsen filed an opposition to Dunkle’s motion, arguing that the gag order was overly broad. Local TV station KSBY, with the help of the California Broadcasters Association (CBA), has prepared a motion requesting a hearing to dismiss the order.
“The United States Supreme Court has considered prior restraints in many contexts, and found them unjustified even in the face of admittedly legitimate threats to national security,” KSBY attorney Guylyn Cummings wrote in the motion.
But gag orders are constitutional in some cases. Courts can still restrict access to trials, such as the military trials at Guantanamo Bay, and even bar cameras from the courtroom.
The order also referenced Michael Jackson’s 2005 criminal trial in Santa Maria that imposed a gag order on its participants and also banned cameras in the courtroom.
Despite the extensive local and international coverage the trial received, Jackson was found not guilty on all charges.
It was hard to pin down exactly how Allen wants to limit news coverage. He said he wasn’t seeking to have the courtroom closed to the public. Allen also couldn’t say if he’ll request the trial to be moved, saying the request was “premature.”
“Ultimately, what are you trying to keep us from doing?” one reporter asked.
Allen deflected the question.
“I think I should probably reserve that until we have the actual time of hearing so I don’t either walk myself down or step on what I said in my pleadings and those of Mr. Dunkle,” Allen said.
The arraignment was continued until June 2, at which time the motion for the gag order will be heard.
Staff Writer David Minsky can be reached at dminsky@santamariasun.com.
This article appears in Apr 13-20, 2017.
