Columnist Jeff German: Gag order hampers coverage of trial

We've been gagged, friends.

On Monday, as jury selection gets under way, you're going to notice a big difference in the media's coverage of the Ted Binion murder trial.

You won't see reporters sticking microphones in the faces of attorneys on the steps of the courthouse at the end of the day's proceedings. Witnesses also will be off limits unless they've completed their testimony.

Oh, and don't count on watching anymore tear-filled interviews on the evening news with murder defendant Sandy Murphy or home movies of the onetime topless dancer at Binion's home.

All that is off limits, too.

On Monday the gag order issued by District Judge Joseph Bonaventure takes effect.

Instead of getting insight from people directly involved in the Binion trial, you're going to be hearing a lot from people on the sidelines -- people like Doug Bradford, the county's public information officer, District Judge Michael Cherry, the appointed spokesman for Bonaventure, and of course other media members.

In the O.J. Simpson murder trial a few years back, there was a similar gag order imposed on the litigating parties. You may recall that reporters became so desperate to fill air time or newsprint that they began interviewing each other. Expect to see some of that here, too.

Bonaventure stunned us all last week when he slapped the gag order on the well-publicized case. But it was clear from his comments that he had been giving the matter serious thought for some time.

"The increasing amount of media coverage regarding this trial has not gone unnoticed by this court," Bonaventure told both sides during a live televised hearing. "As the trial grows near, the media's coverage has increased substantially and grown more sensational.

"In addition, it is this court's opinion that the trial participants have increasingly sought to attempt to use the media to manipulate the public's -- and possibly potential jurors' -- view of the case.

"As a result, publicity regarding this trial poses a possible threat to both the defendant's right to a fair trial and the integrity of the judicial system."

In coming to this conclusion Bonaventure had to delicately balance that Sixth Amendment right to a fair trial with the public's First Amendment right to know everything it can about the trial. He also had to consider the free speech rights guaranteed by the First Amendment of those involved in the trial.

Some will say the judge had good reason to try to tone down the media coverage. This is a case, after all, that featured headlines about the 28-year-old Murphy's missing panties and a television piece trying to link Binion's antelopes in Pahrump to the murder conspiracy. Nationally, the case has gotten attention from network news magazine shows, syndicated tabloid shows, and such magazines as Playboy and Gentlemen's Quarterly. Court TV plans to cover the trial live across the country.

What's interesting is that Bonaventure's order was issued without a request from defense attorneys. They weren't complaining that Murphy and her co-defendant, Rick Tabish, weren't getting a fair trial.

In reality, much of the recent hype in the trial was coming from the defense, which had hired a publicist and polling company to test the waters of public opinion as the trial neared.

It was Murphy, not prosecutors, who went on local and national television to profess her love for the man she's accused of killing, and it was Murphy who provided the home videos to the media.

Beginning Monday the only time you'll be hearing from Murphy and others in the case is in the courtroom.

If you can't afford cable to watch the trial live, you're out of luck. We've been gagged, friends.

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