OCR Text |
Show Lawyersofficials to keep quiet in Duncan murder case by CHRISTOPHER SMART Record staff writer On request from the defense lawyers, a gag order has been slapped on attorneys and law enforcement authorities associated with the murder case of slain airline pilot Fred Duncan. Third District Court Judge J. Dennis Frederick said the restrictive order is in effect but has not yet been signed. The request for the order was made by Salt Lake City attorney Kenneth R. Brown, he said. ' The order came on the heels of news reports last week that Brown had tried to negotiate a plea bargain for his client, Francis Preston Mitchell. The 24-year-old fugitive was indicted by a Summit County grand jury in May of first-degree murder. He also was indicted, along with his father Patrick Mitchell, 45, Berryville, Ark., on cocaine-trafficking charges. The senior Mitchell was arrested and now is free on $25,000 bond pending his Oct. 9 trial. His son remains at large. The indictments against the younger Mitchell remain sealed. Brown argued he could not effectively effective-ly cross-examine State Medical Examiner Monique Ryser without having seen the indictments. . Judge Frederick earlier granted a motion by Assistant Summit County Attorney Terry Christiansen allowing allow-ing Ryser to testify on videotape in the event the case goes to trial. In arguing for the motion, Christiansen said Ryser is planning to leave Utah and perhaps the country. Ryser examined the body, which police records say was shot in the head once with a large-caliber handgun. Brown objected to the motion. He contended the ruling denies his client's right to face his accusers. W ithout access to information now in the hands of the county attorney's office, Brown said he could not properly defend his client. Christiansen countered Brown's argument, charging the defense attorney knew of the indictments because he had earlier tried to plea bargain and make other negotiations in behalf of his client. Before the gag order, Brown told the Record if any negotiations or talks of negotiations took place they should be held in strict confidence by law enforcement officials and other officers of the court. Restrictive gag orders can be handed down by courts for a number of reasons, among them is the demonstrated evidence that outside comments could damage the defendant's defen-dant's right to a fair trial. Neither Judge Frederick nor Brown would comment on why the gag order was put in effect. The indictments against the Mitchells first came to public attention when KPCW radio reporters re-porters intercepted the sealed indictments at the U.S. Magistrate's office in Salt Lake City. |