CLEARLAKE — A judge denied a motion for a gag order in an assault case against a Lucerne man on Friday.
Judge Stephen Hedstrom said he didn”t think the case against Samuel Thomas Robbins met the requirements for a gag order. Hedstrom said he thinks the concerns of Robbins getting a fair trial in the case don”t outweigh First Amendment rights.
Being open and transparent to the public is important, Hedstrom said.
“The more media takes advantage of open courtrooms observing and reporting on our courtrooms the better we”re off,” Hedstrom said.
Robbins, 36, allegedly stabbed Eugene Basurto April 21 at Lucerne on the Lake trailer park, the Lake County Sheriff”s Office reported.
Lake County Sheriff”s officers responded to the scene April 21 and both men said they didn”t know who stabbed Basurto, LCSO stated in a press release. During a search of Robbins” home April 22, detectives found a bloody knife, among other evidence. Detectives arrested Robbins that day.
The gag order motion was filed regarding the Sheriff”s Office press release cited above and news articles since.
Robbins pleaded not guilty Friday to felony counts of assault with a deadly weapon other than a firearm and mayhem. The charges carry a maximum of eight years in prison.
Robbins” public defender, William Conwell, argued that the gag order would be limited to law enforcement and attorneys, which he thinks would be appropriate, he said.
“I”m concerned the pretrial publicity will take him out of the ability to have a fair trial in the community,” Conwell said.
Deputy district attorney Art Grothe said he doesn”t think media coverage of the case endangers Robbins” right to a fair trial on such charges.
“The prospect is appalling,” Grothe said. “They”re talking about shutting down First Amendment rights on a case that doesn”t even come close.”
Grothe said he thinks the defense is trying to have a chilling effect to shut down communication from the Sheriff”s Office and District Attorney”s Office to the public through press releases.
Conwell responded that he thinks there would not be a chilling effect on the press.
“The press has the ability to gather the news at public hearings,” Conwell said.
Hedstrom reiterated that Conwell would remain the only attorney of record who can formally participate. The judge said misdemeanor public defender Shawn Collins can consult for Conwell, but the request of May 7 to appoint both attorneys was denied.
Robbins will return to court June 18 for a pre-preliminary hearing and June 25 for his preliminary hearing.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.
