Judge implements gag order in sexual assault case
Andrew Chavez
Issue date: 10/27/06 Section: News
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A district court judge imposed a gag order Thursday in the sexual assault case involving former TCU student-athletes because of what he termed a media "feeding frenzy" over the past week.
Judge Wayne Salvant, of Tarrant County Criminal District Court No. 2, granted a motion by attorney Gwinda Burns to restrict publicity in the case. Burns represents Virgil Allen Taylor, 19, and she represented Shannon Monroe Behling, 19, in filing the motion. Glynis McGinty represents Behling.
Taylor, Behling and Lorenzo Labell Jones, 20, were arrested by Fort Worth police Oct. 20 and have been charged with sexually assaulting a freshman female TCU student in a Moncrief Hall dorm room, according to court records.
The motion cited "extensive media coverage" as a reason for asking the court to restrict access to the case.
"It's been a feeding frenzy," Salvant said. "I just wanted to tell everybody 'Let's cool it down before we get way out of sync on this thing.'?"
Taylor and Behling were both named in the order, but Behling's name and case number were hand written below Taylor's name.
The motion restricts the media from reporting the details of pretrial hearings, photographing jurors and covering the trial in a way that would disrupt the proceedings.
The motion also orders that "no person, police officer, witness, court participant, or counsel comment to the media on any matter concerning this case at any time during its trial or pretrial."
Rob Sherwin, an attorney at Brackett & Ellis who teaches media law at TCU, said including the term "no person" in the order makes it exceptionally broad.
"That means anybody," Sherwin said. "And typically that would be very hard to enforce."
Salvant said he intends to restrict people directly participating in the case from talking to the media.
Sherwin said a typical gag order normally restricts attorneys, the police or other participants from talking to the media.
Provost Nowell Donovan declined comment, citing the gag order.
Judge Wayne Salvant, of Tarrant County Criminal District Court No. 2, granted a motion by attorney Gwinda Burns to restrict publicity in the case. Burns represents Virgil Allen Taylor, 19, and she represented Shannon Monroe Behling, 19, in filing the motion. Glynis McGinty represents Behling.
Taylor, Behling and Lorenzo Labell Jones, 20, were arrested by Fort Worth police Oct. 20 and have been charged with sexually assaulting a freshman female TCU student in a Moncrief Hall dorm room, according to court records.
The motion cited "extensive media coverage" as a reason for asking the court to restrict access to the case.
"It's been a feeding frenzy," Salvant said. "I just wanted to tell everybody 'Let's cool it down before we get way out of sync on this thing.'?"
Taylor and Behling were both named in the order, but Behling's name and case number were hand written below Taylor's name.
The motion restricts the media from reporting the details of pretrial hearings, photographing jurors and covering the trial in a way that would disrupt the proceedings.
The motion also orders that "no person, police officer, witness, court participant, or counsel comment to the media on any matter concerning this case at any time during its trial or pretrial."
Rob Sherwin, an attorney at Brackett & Ellis who teaches media law at TCU, said including the term "no person" in the order makes it exceptionally broad.
"That means anybody," Sherwin said. "And typically that would be very hard to enforce."
Salvant said he intends to restrict people directly participating in the case from talking to the media.
Sherwin said a typical gag order normally restricts attorneys, the police or other participants from talking to the media.
Provost Nowell Donovan declined comment, citing the gag order.
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