During Monday's Duke men's lacrosse case proceedings, the judge reminded defense lawyers to keep public statements to a minimum.
"It is this court's responsibility to ensure that the defendants and the state proceed with the constitutionally guaranteed right to a fair trial by a jury free of partiality, bias or prejudice," said Superior Court Judge Kenneth Titus.
Defense lawyers acknowledged the judge's request, but said they did not view Titus' reminder as an admonishment.
"This is not a gag order," said Joe Cheshire, attorney for David Evans, Trinity '06. "We have not violated Rule 3.6, we embrace it."
Rule 3.6 of the North Carolina Bar Association code of conduct prohibits spreading information that will prejudice a possible jury pool.
"A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that the statement will materially prejudice an adjudicative proceeding in the matter," the rule reads.
The rule makes exceptions for statements responding to those made by the district attorney or a third party.
Kirk Osborn, Reade Seligmann's attorney, demanded that District Attorney Mike Nifong establish when exactly he believes the rape occured.
Titus postponed his decision until the next hearing, which will be the week of Aug. 21.
Following Titus' announcement, the lawyers for several other members of the lacrosse team argued to protect their clients' private information.
Nifong had subpoenaed the players' home addresses and DukeCard information from the night of the alleged rape.
"There has to be some connection other than curiosity or 'I just want to see it' in order to have a court issue an order which would invade the privacy [of a player and his family]," said Thomas Manning, attorney for senior lacrosse player Fred Krom, Jr.
Nifong defended the subpoenas as a method of gathering information about the events of Mar. 13.
"We're not trying to investigate them," Nifong said. "We want to be put in a position to call them, to tell the jury in Durham what they observed go on that night when this took place."
Titus said he will announce his ruling on the subpoenas Friday morning.
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