A Santa Barbara County Superior Court judge signed a modified gag order, but a defense attorney withdrew a motion seeking a wide-sweeping ban on media coverage in the high-profile case where multiple defendants have been charged with 10 homicides in Santa Maria.
The agreement establishes that participants in the case, from attorneys to court staff to bailiffs to Santa Maria police, will follow the California Rules of Professional Conduct limiting release of information about the defendants, victims or witnesses.
The order also prohibits participants from making comments or opinions about case evidence outside of court, among other measures.
“Any violation of this order may result in a contempt action for any offender within the jurisdiction of the court,” Judge John McGregor said.
The stipulated rules limiting what could be said outside the courtroom came after defense attorney Stephen Dunkle filed a motion seeking a gag order on prosecutors and police, alleging inappropriate “extrajudicial communications.”
At the request of Senior Deputy District Attorney Ann Bramsen, the judge also included a key clarification.
“Based upon the stipulation of the parties, the court will make the finding that there has been no misconduct by either the prosecution or Santa Maria Police Department,” McGregor said. “And that neither the prosecution nor the Santa Maria Police Department violated any rights of the defendants.”
Twelve defendants were indicted by the Santa Barbara County Criminal Grand Jury in July 2016, and now face 50 charges related to the deaths of 10 people and allegations of conspiracy to murder 14 other victims.
The multiple-defendant case stems from Operation Matador, led by the Santa Maria police and involving multiple law enforcement agencies when undertaken March 3, 2016, with arrests in Santa Maria, Oxnard, Kern County and Ohio.
Months later, after hearing weeks of evidence, a criminal grand jury handed down indictments against the men alleged to have ties to the viiolent criminal gang dubbed MS-13, and also known as Mara Salvatrucha.
Two defendants appeared in court on a separate but related indictments involving lesser charges.
Defendants in both cases have not yet entered pleas to the charges.
After signing the stipulated protective order, McGregor indicated he would deny a broader motion, filed by defense attorney Tom Allen, seeking to also ban media coverage in addition to gagging attorneys and law enforcement officers.
The media, specifically KSBY-TV and the California Broadcasters Association through attorney Guylyn Cummins, opposed Allen’s motion banning coverage of the case.
The judge allowed Allen to withdraw the motion, but left open the possibility he could refile it in the future.
Friday’s hearing focused on the motions and other matters in the slow-moving case, where none of the defendants have yet to enter pleas.
The 12 defendants and their attorneys were ordered to return to court at 8:30 a.m. on Nov. 17.
The judge stressed the importance of following a schedule handed out earlier, and told attorneys it needs to be “rigidly adhered to” as the case moves forward.
Complicating attorneys’ jobs is the fact grand jury transcripts with specifics about the alleged crimes have been sealed, meaning large amounts of information must redacted in motions defense attorneys file asking the judge to drop charges.
“I realize this is a work in progress, and that we have unusual issues related to this case due to the number of defendants, the volume of discovery,” the judge said.
In the second case, involving two defendants, the judge set Oct. 27 for a further arraignment hearing.
One of the defense attorneys in that case, Gary Dunlap, escaped a financial sanction after showing up more than an hour late to court Friday, keeping 18 attorneys and other court personnel waiting, the judge said.
In explaining his tardiness, the attorney said a different judge ordered him to appear in Lompoc Superior Court on Friday morning and that another judge was demanding Dunlaps’s presence in yet a third courtroom for a different case.
“I apologize,” Dunlap said. “I would hope you won’t fine me because it will only pass on to my client.”
“I’ll simply indicate this case must have priority,” McGregor said, adding he would not find Dunlap in violation.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
