Tulsa World: Judge refuses gag order in Kastner murder case

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Judge refuses gag order in Kastner murder case
His lawyer sought to keep more data from going public.

SUSPECT
John Robert Kastner: The former Webster High School teacher is accused of fatally shooting his wife on June 25. A preliminary hearing on the case is scheduled for Monday..

By BILL BRAUN World Staff Writer
Published: 8/19/2008 2:05 AM
Last Modified: 8/19/2008 3:42 AM

His lawyer sought to keep more data from going public.

A Tulsa County judge on Monday denied a request for a court order to "prevent the further dissemination of information" to the media and potential jurors in the John Robert Kastner murder case.

Kastner, 50, is charged with the first-degree murder of his wife, Lori Kastner, 44.

Assistant Public Defender Marny Hill, representing Kastner, maintained in a July 30 filing that "much of the media reports covering this case have been fueled by inappropriate extrajudicial statements to the media from law enforcement personnel."

Rules of professional conduct require prosecutors to make reasonable efforts to prevent law officers and others associated with the prosecution from making such statements, according to Hill.

The defense lawyer asserted that police, at a June 27 press conference, announced that Kastner "is a cold-blooded murderer" who lied to a dispatcher and also lied to his friends and family members.

Hill sought a court order "restraining all parties and agents of any party from any further public comment or statement regarding the facts or circumstances" surrounding the case.

In a response, First Assistant District Attorney Doug Drummond said "there is no evidence in the record supporting such a remedy."

The District Attorney's Office addressed the matter with the Police Department after the news conference, and "we understand the ethical obligations," he said.

World

Publishing Co., publisher of the Tulsa World, filed a motion Friday to intervene for the limited purpose of contesting the request for a protective order.

"Despite being called a protective order, it is clear that what the defendant is seeking is a gag order," World attorney Schaad Titus wrote.

"In this case, there does not appear to be a showing of a clear and present danger or a substantial likelihood of harm to the defendant's fair trial rights to issue the requested gag order," Titus maintained.

After hearing arguments from lawyers, Special Judge Cliff Smith declined to issue any order to restrain public comment regarding the case.

A preliminary hearing is set for Aug. 25.

Prosecutors allege that John Kastner, a Webster High School teacher, fatally shot Lori Kastner, a former Oklahoma Supreme Court attorney, on June 25 at their home in the 3800 block of South Union Avenue.

The Tulsa school board voted last week to terminate Kastner's employment.

Bill Braun 581-8455
bill.braun@tulsaworld.com By BILL BRAUN World Staff Writer

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	Report Comment Isaac Parker, Tulsa (8/19/2008 6:18:44 AM) After hearing arguments from lawyers, Special Judge Cliff Smith declined to issue any order to restrain public comment regarding the case. -------------------- Finally, a Tulsa judge unwilling to conduct the court's business in secrecy. All court activities should be conducted "in the light of day".
	Report Comment thedomesticgodess, Eufaula (8/19/2008 7:34:24 AM) He just doesnt want all the lies put out in public view that he told..maybe he has a few more scams out there he dont want the cops to find... I hope his kids are doing good...

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