Prosecutorial Reprimand for violation of Gag Order

Guilt Phase

June 28, 2004

JUDGE: Among some of the matters that were discussed at the in-camera hearing, which was sealed, is this issue of the Modesto Police Department making, at least making a comment or press release with respect to the Detective Brocchini's testimony which occurred last week. Now, I understand we have Captain Aja here. Captain, where are you? Do you want to step up here, please, Sir? I'm not picking on you, but you are going to be the messenger, okay? I have Judge Girolami's protective order here. It's very clear. It says, without reading it in great detail, for any law enforcement employee, or any agency involved in this case, not making any comments. It goes on to say, make any statement outside of court as to the nature, substance, or effect of any statements or testimony that have been given. My understanding is, that no matter how it came out, it was attributed to the Modesto Police Department. And I'm telling you that this has to stop. So I'm, you are my delegate. You go tell the Chief that he's going to have to sit on his folks. And if any of this, if there is any further press conferences from the Modesto Police Department making any comments about this case, there is going to be trouble. Okay? I'm not a policeman. I don't mean that in the same way that you are talking about. I'm here as a judge trying to try this case. I don't want to spend hours trying to discipline other institutions that are involved in this case with respect to these orders. I think they should be listened to, adhered to, most of all by law enforcement. Okay? So you can express my sentiments to Chief Wasden and your PIO officers, that this is going to have to stop. And any other officers that are involved. And if it doesn't stop, then I'll have to do something about it, okay? And in that regard, I want to reaffirm this, that this order was made to people like this: Nor any attorney, it is the order of this court, this is Judge Girolami's order, that no attorney connected with this case as prosecutor or defense counsel, nor any other attorney working in those offices, nor their agents, staff, or experts, nor any judicial officers or court employees, nor any law enforcement employee, or any agency involved in this case, nor any person subpoenaed or expected to testify in this matter, shall do any of the following. And it's also set forth. Now, this applies to any subpoenaed witnesses. This applies to anybody who been subpoenaed as a witness in the case, including parents. Anybody. They are under the auspices of this gag order. And if worse comes to worst, I'm going to have to enforce it. Now, everybody should be well advised. Because, like I said, I'm here to try this case, not to police everybody. And I don't like to do it, but if my hand is pushed, I will do it. So, Captain, thank you very much. I hope you express my sentiments to the Modesto Police Department.

CAPTAIN AJA: I understand.