By LEONARD GRAY

HAHNVILLE – A front-page newspaper quote attributed to St. Charles Parish Sheriff Greg C. Champagne prompted Norco attorney Victor Bradley Jr. to move for a gag order in the David Joseph case, but a Baton Rouge attorney suggests the order was premature.

The order was granted by 29th Judicial District Judge Emile St. Pierre on Feb. 26 and blocks the sheriff, district attorney, clerk of court and defense attorneys, along with their employees, from speaking to the media on the case “nor to supply any facts or evidence other than what has been admitted in open court,” according to the signed order.

The case, involving the apparent homicide of Derica Wallace of New Sarpy, goes to the St. Charles Parish Grand Jury on March 14-15 for possible indictment. Possible trial date is months away.

Bradley’s motion cited pre-trial publicity and a statement, attributed to Champagne “that there is no possible way that this was an accident.” Champagne refused to comment on the quote, citing the gag order.

David Woolridge of Baton Rouge, an attorney who advises member newspapers of the Louisiana Press Association, advised L’Observateur the gag order is insufficiently justified and premature.

He cited the recent case of Louisiana Insurance Commissioner Jim Brown, where a gag order decision by the Fifth Circuit Court of Appeal called for “a clear and present danger test.”

That test, to be applied by the judge, would determine if the circumstances presented “a substantial or reasonable likelihood” the defendant could not get a fair trial.

“If it is not narrowly tailored, it would be struck down, if challenged,” Woolridge commented.

There are several alternatives to a gag order, none of which were attempted, ranging from sequesturing the jury, change of venue, close questioning of the jury pool during selection and emphatically clear instructions to the jury to ignore media coverage.

When advised the case had not yet even gone to a grand jury for possible indictment, Woolridge commented, “It doesn’t seem to be the appropriate time.”

On the other hand, Joe Cook, executive director of the New Orleans chapter of the American Civil Liberties Union, observed that two sets of criteria are involved in criminal cases, as it pertains to gag orders.

Public officials “should not release prejudicial information on the defendant, prior to trial,” he said.

At the same time, defense attorneys often have the burden of defending a person who, because of the charges, “have to be protected from the tyranny of the majority over the minority.”

He acknowledged that while American jurisprudence includes the principle that defendants are innocent until proven guilty, often the public has a presumption of guilt which must be faced by the legal system.

“The main thing is, let’s have a fair trial for the defendant,” Cook said.