Persons from the media frequently ask me questions regarding the status of ongoing cases. I usually try to answer questions, but sometimes questions are asked which I am not allowed to answer. This is because there are restrictions on what the prosecutor may say about pending cases. The public has a right to be informed, but that right must be balanced against the right of a defendant to have a fair trial. The restrictions come from the rules of professional conduct and the special responsibilities that prosecutors have.

Briefly stated, I am allowed to relate things that are in the public record. This means I am allowed to make statements to the media about the charges that have been filed against a defendant and the defenses to the charges that may be available. I may state the residence, the occupation and the family status of the defendant. I am allowed to talk about the time and place of arrest. I am likewise allowed to provide the identity of officers or agencies and the length of investigation that was involved in the particular case. I can provide information about the scheduling of trial motions and hearings or the results of those procedural matters.

Things that I am prohibited to mention. I am not allowed to comment on the character, credibility, and/or criminal record of the defendant or any witness. I am not allowed to reveal the identity of a witness or the anticipated testimony of any witness. I cannot talk about whether a confession was obtained or if any person refused to talk to law enforcement. I am prohibited from expressing my opinion about the guilt or innocence of the accused.

As you can see, the restrictions on media statements have to do with saying things that might tend to influence public opinion as to the guilt of the defendant. The restrictions are designed to try and guard the fairness of the criminal justice process. The things that can be said are like what Joe Friday used to say, “just the facts,” no opinion, no drama, no speculation.

Criminal defense attorneys are not under the same restrictions as prosecutors when it comes to making statements to the media. They sometimes make statements about things that might tend to influence public opinions, but if these statements get too blatant or the media gets out of control, the judge may issue a “gag order” to prevent further media statements. All this is done in order to do as much as possible to prevent influences on the public that might work to produce a verdict that is not based on the facts, but is based on prejudice or bias for or against a person accused of a crime.