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Partial gag order issued in city officers' slayings
Wednesday, April 15, 2009

Allegheny County Common Pleas Judge Jeffrey A. Manning yesterday ordered anyone involved with the case of Richard Poplawski -- from police to attorneys to employees at the Allegheny County Jail -- to watch what they say in public.

Officials can still discuss Mr. Poplawski's case outside the courtroom, but the information cannot have a "substantial likelihood" of affecting the legal process, the order says.

It comes in the wake of heavy media coverage of Mr. Poplawski, the 22-year-old man accused of killing three Pittsburgh police officers April 4 in Stanton Heights.


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Mr. Poplawski's public defender, Lisa G. Middleman, had expressed concern that her client's constitutional right to a fair trial could be compromised by the coverage, especially stories that cite anonymous police sources and give detailed accounts of the deaths of Officers Stephen J. Mayhle, Paul J. Sciullo II and Eric G. Kelly.

During a hearing at the Allegheny County Courthouse yesterday, Judge Manning agreed.

"All law enforcement personnel, and in particular officers of the Pittsburgh Bureau of Police, involved, directly or indirectly, with the investigation of the crimes charged ... are PROHIBITED from making extrajudicial (out of court) statements," his order says.

It targets lawyers with the Allegheny County district attorney's and public defender's offices, any potential witnesses, all court personnel and "all other employees of the County of Allegheny involved in the housing, transportation or care of the accused in the collecting, gathering, examining or analyzing of evidence."

The order also prohibits police and court employees from allowing media organizations to see documents or investigative reports that are not part of public court filings.

But Judge Manning did not grant a request for a full gag order from Ms. Middleman and Deputy District Attorney Mark Tranquilli.

Officials are still permitted to talk about some aspects of Mr. Poplawski's case, such as information in public records.

Investigators can also ask for help in obtaining evidence or issue a warning about a person involved with the case "when there is reason to believe there exists the likelihood of substantial harm to an individual or to the public interest."

Judge Manning said anyone violating the order would face "appropriate sanctions."

Mr. Poplawski has been charged with three counts of homicide and is being held in solitary confinement at the county jail.

His attorney first asked Judge Manning to issue a gag order in the case last week, but the judge declined because of upcoming memorial services for the fallen officers.

Instead, the district attorney's office instructed police investigators not to discuss details of Mr. Poplawski's case with the media.

But several media organizations continued to cite police sources in reporting. Pittsburgh Police Chief Nate Harper also gave an interview with the Pittsburgh Tribune-Review, discussing how police investigators think the deaths of the officers occurred.

At yesterday's hearing, Mr. Tranquilli of the district attorney's office joined Ms. Middleman in requesting the gag order.

"We want this evidence to be heard by 12 jurors," Mr. Tranquilli said. "We don't want this case tried in the media."

But Judge Manning accepted proposals put forward by attorneys for the Pittsburgh Post-Gazette and the Tribune-Review to limit the scope of the order.

Mr. Poplawski faces a preliminary hearing on Friday.

On the Web: Go to post-gazette.com to read Judge Manning's order regarding the media and the Richard Poplawski case.

n Gov. Rendell seeks gun control measures. Page A-6

Jerome L. Sherman can be reached at jsherman@post-gazette.com or 412-263-1183.
First published on April 15, 2009 at 12:00 am
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