CLEARLAKE — Defense attorneys filed a gag order motion for an assault case against a Lucerne man who delayed entering a plea for one week on Friday.
Samuel Thomas Robbins, 36, will return to court 1:30 p.m. Friday in Department 4 in Clearlake for his plea and gag order hearing.
Robbins allegedly stabbed Eugene Basurto April 21 at Lucerne on the Lake trailer park in Lucerne, the Lake County Sheriff”s Office reported.
Robbins is charged with felony counts of assault with a deadly weapon other than a firearm and mayhem. The charges carry a maximum of eight years in prison.
Lake County Sheriff”s officers responded to the scene April 21 and both men said they didn”t know who stabbed Basurto, LCSO reported. During a search warrant on Robbins” home April 22, detectives found a bloody knife, among other evidence. Detectives arrested Robbins that day.
Robbins” initial public defender, Komnith Moth, said he had a conflict as he has represented a witness in the case against Robbins. Judge Stephen Hedstrom relieved Moth and appointed William Conwell. Moth and misdemeanor public defender, Shawn Collins, filed a motion for a gag order April 26 that seeks to restrict all lawyers, law enforcement and witnesses from giving public statements on the case.
“The Lake County Sheriff”s Office has made public statements that will substantially prejudice the defendant”s case, as shown by the public reaction to the news reports resulting from these statements,” Collins and Moth stated in the motion. “It is clear that these extrajudicial statements are divulging prejudicial matters, including potentially inadmissible evidence, and that the news reports and public reaction are placing weight on these prejudicial statements.”
“Since Mr. Robbins” fair trial right is clearly in danger from further dissemination of the law enforcement”s ongoing investigation, as well as witness statements, it is imperative that these parties be warned that they have a duty of discretion in this case. Prosecution and defense counsel are not the only persons who can destroy a fair trial. However, prosecution and defense counsel should be responsible for briefing their agents and witnesses as to the limits of (the rule),” the motion stated. The California State Bar Rule of Professional Conduct 5-120 does not allow public statements concerning the merits of the case or evidence under certain guidelines, according to Collins” motion.
Deputy district attorney Art Grothe filed a response to the motion.
“The defendant, through Mr. Collins, has asked the court to order the restriction of one of our most fundamental freedoms, the freedom of speech and the freedom of the public to be informed,” Grothe said in the motion.?”In making this request, Mr. Collins has asserted that not only would further speech be inappropriate, but that the initial press release by the Sheriff”s Department was somehow inappropriate. The press release that Mr. Collins complains of was a simple report containing a bare minimum of facts that informed the public of the arrest of an individual believed to have committed a serious and violent crime. Both expressly and impliedly (sic), Mr. Collins is attempting to create a chilling effect upon the ability of the Sheriff”s Department ? and all law enforcement agencies ? and the news media to keep the public informed of criminal activity and the operations of law enforcement agencies in our community.”
Though Collins filed the motion, he was not appointed as counsel for Robbins.
Conwell requested on Friday to have Collins appointed as co-counsel. Hedsrom denied the request without prejudice, saying Collins can participate in proceedings but Hedstrom isn”t prepared to appoint two counsels to one defendant and set precedent.
“I”m concerned about doing something unusual and having it come back and bite me,” Hedstrom said. “I”m not going to do it off the cuff.”
Robbins was released from custody April 29 on bail.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
