Judge May to amend murder case gag
order
"Certainly the spirit of the order has
been violated."
— JAMES MAY, 5th Judicial District
judge
By GREG STAHL
Express Staff Writer
At the request of a prosecuting attorney
on Monday, Dec. 15, 5th District Judge James May said he would amend a gag order
that limits what attorneys can say to reporters regarding the murder trial of
former Wood River High School junior Sarah M. Johnson.
"Certainly the spirit of the order has
been violated," May declared.
Johnson, 16, is accused of the Sept. 2
murders of her parents, Bellevue residents Alan and Diane Johnson. Pending a
scheduled February trial, she is incarcerated at the Blaine County Jail in
Hailey. Bail is set at $2 million.
Blaine County Deputy Prosecuting Attorney
Justin Whatcott said he requested a clarification on the gag order after
Johnson’s attorney, Public Defender Bob Pangburn, was quoted in area newspapers
making statements about Johnson’s recent removal from, and return to, the Blaine
County Jail.
The prosecuting attorney’s office has been
intentionally avoiding calls from newspapers, Whatcott said.
"Certainly we didn’t want it to appear
that we’re trying this case in the press," he said. "Mr. Pangburn’s statements
look like he is attempting to elicit sympathy for his client."
Pangburn, who requested the original gag
order, said he had carefully reviewed the document before speaking to reporters.
"I think that it was the judge’s order,"
Whatcott said. "Certainly the judge is in a position to respond to any perceived
violation of the order, and that is what he is doing."
In a seven-page decision issued in 5th
District Court on Nov. 20, May instituted the gag order for attorneys, county
employees and witnesses involved with Johnson’s murder trial.
In his original decision, May agreed that
ongoing news coverage could impact the jury pool for the eventual trial.
"The court takes judicial notice that
publicity illustrated by the local newspaper is extensive and in detail," May
wrote, "and that there has been similar news media release of information in
Twin Falls and Boise areas.
"The court finds that there is a
reasonable likelihood that continued pre-trial publicity will make it difficult
to impanel an impartial jury and could prevent the defendant from receiving a
fair trial."
Citing another court case, May said
Johnson is entitled to a trial "with judicial serenity and calm," not an
atmosphere of a "Roman holiday."
In the web of pre-trial posturing that is
beginning to characterize the case, Whatcott on Monday also contradicted reports
from the Blaine County Sheriff’s Office about why Johnson was relocated to a
Burley jail in late November. Whatcott said Johnson had been moved because she
was "making incriminating statements to her cell mate."
"The state asked for her to be moved,"
Whatcott said.
On Dec. 8, following Johnson’s return to
the Blaine County Jail, Blaine County Chief Deputy Sheriff Gene Ramsey said
Johnson had been taken to the Mini-Cassia Criminal Justice Center in Burley "as
a normal course of business."
"Normally we house females at Burley,"
Ramsey said. "We have a small facility. It has a limited number of beds."
Responding to Whatcott’s comments,
Pangburn said Whatcott had violated the gag order by disclosing why Johnson had
been moved.
He also defended Johnson.
"My client has made no incriminating
statements to her cell mate or any other people," Pangburn said.