It is a fundamental constitutional principle that the Defendant is entitled to a fair trial by impartial jurors. Extrajudicial statements, which are substantially likely to directly or indirectly interfere with that right, may constitutionally be prohibited.
....this Court is compelled to intervene and prevent the substantial prejudice to the fairness of the trial that will result should the current pattern of advocacy continue.
Among the restrictions:
....None of the lawyers, law enforcement agency or officers who are participating or who have participated in the investigation or litigation of this matter, the alleged victim , Defendant and witnesses shall not make an extrajudicial statement which a reasonable person would expect to be disseminated by any means of public communication, which relate to the following: (1) the character, credibility, reputation or criminal record of any party or witness; (2) the expected testimony of a party or witness; (3) the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person’s refusal or failure to make a statement; (4) the performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; (5) any opinion as to the guilt or innocence of Defendant, or the ultimate issue of fact to be determined by a jury; (6) the merits of the case and the merits of the evidence in the case; (7) information that has been ruled to be or is likely to be inadmissible as evidence in a trial; and (8) opinion as to the fairness of the proceedings or the existence or nonexistence of prejudice as to a party or witness.
If this interview goes forward, DA Cy Vance should respond by dismissing the charges against Strauss-Kahn, on the ground that the accuser's actions have poisoned the potential jury pool preventing him from getting a fair trial.
Unless, of course, the accuser is only coming forward because Vance has already told her lawyer he's dropping the charges and this is her attempt at self-rehabilitation and payback. Unless that's the case, shame on ABC for broadcasting this. As usual, the media is willing to line its own pockets at the expense of an accused. Guilt sells in America, but we all don't have to be complicit in buying. I won't be watching GMA Monday or Nightline Tuesday.
