Post by nwgamom on Aug 12, 2007 14:08:36 GMT -5
Originally appeared on the Chattanooga Times Free Press 8/12/07
By ChloƩ Morrison
www.timesfreepress.com/absolutenm/templates/local.aspx?articleid=19612&zoneid=77
Officials said there is a misconception that a gag order has been issued in the case of missing Walker County 911 dispatcher Theresa Parker.
"There has never been a judicial gag order issued," said Walker County Sheriff Steve Wilson. "The district attorney is instructing all law enforcement agencies assisting with the investigation not to discuss matters associated with the case."
Mrs. Parker disappeared March 21. She was divorcing then-LaFayette Police Officer Sam Parker.
Mr. Parker is a person of interest in the case, and his friend and former co-worker Harbin "Ben" Chaffin has been arrested on four charges relating to the case, including lying to investigators and tampering with evidence.
The ties of the missing woman and her husband to the law enforcement system led Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin to remove himself from the case in April because of potential conflict of interest.
Rome Judicial Circuit District Attorney Leigh Patterson was appointed, and she quickly instructed authorities involved to keep quiet. But she said her request is not a gag order.
"I think people make assumptions," the prosecutor said. "A gag order would have to come from a judge."
Asked for clarification, Senior Superior Court Judge Jon "Bo" Wood said gag orders are complicated, and he would "rather not try to explain it."
But University of Georgia Law Professor Julian A. Cook III helped explain gag orders.
"It is a judge's order directing parties, attorneys, witnesses or journalists to refrain from publicly discussing the facts of the case," he said.
Gag orders are issued in most cases to ensure a defendant receives a fair trial, Mr. Cook said. Too much talk about a case could taint a jury pool, he said.
"(The DA) can't make (law enforcement) not talk, but generally speaking, the law enforcement and the prosecution are on the same side of the fence, so they are going to want to cooperate," Mr. Cook said.
LaFayette Public Safety Director Tommy Freeman -- who took the job six days after Mrs. Parker disappeared -- also said he won't discuss the case.
"There are certain details of the case that I am familiar with that I feel at the present time would not be good to comment on, because it may jeopardize the integrity of the investigation," Mr. Freeman said.
Ms. Patterson said she is bound by laws of the State Bar of Georgia when it comes to handling cases.
"The Bar rules are clear about what can be released to the media," she said. "They are pretty specific when it comes to pretrial publicity."
By ChloƩ Morrison
www.timesfreepress.com/absolutenm/templates/local.aspx?articleid=19612&zoneid=77
Officials said there is a misconception that a gag order has been issued in the case of missing Walker County 911 dispatcher Theresa Parker.
"There has never been a judicial gag order issued," said Walker County Sheriff Steve Wilson. "The district attorney is instructing all law enforcement agencies assisting with the investigation not to discuss matters associated with the case."
Mrs. Parker disappeared March 21. She was divorcing then-LaFayette Police Officer Sam Parker.
Mr. Parker is a person of interest in the case, and his friend and former co-worker Harbin "Ben" Chaffin has been arrested on four charges relating to the case, including lying to investigators and tampering with evidence.
The ties of the missing woman and her husband to the law enforcement system led Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin to remove himself from the case in April because of potential conflict of interest.
Rome Judicial Circuit District Attorney Leigh Patterson was appointed, and she quickly instructed authorities involved to keep quiet. But she said her request is not a gag order.
"I think people make assumptions," the prosecutor said. "A gag order would have to come from a judge."
Asked for clarification, Senior Superior Court Judge Jon "Bo" Wood said gag orders are complicated, and he would "rather not try to explain it."
But University of Georgia Law Professor Julian A. Cook III helped explain gag orders.
"It is a judge's order directing parties, attorneys, witnesses or journalists to refrain from publicly discussing the facts of the case," he said.
Gag orders are issued in most cases to ensure a defendant receives a fair trial, Mr. Cook said. Too much talk about a case could taint a jury pool, he said.
"(The DA) can't make (law enforcement) not talk, but generally speaking, the law enforcement and the prosecution are on the same side of the fence, so they are going to want to cooperate," Mr. Cook said.
LaFayette Public Safety Director Tommy Freeman -- who took the job six days after Mrs. Parker disappeared -- also said he won't discuss the case.
"There are certain details of the case that I am familiar with that I feel at the present time would not be good to comment on, because it may jeopardize the integrity of the investigation," Mr. Freeman said.
Ms. Patterson said she is bound by laws of the State Bar of Georgia when it comes to handling cases.
"The Bar rules are clear about what can be released to the media," she said. "They are pretty specific when it comes to pretrial publicity."