Court Overturns Gag Order in Steinberg Case as Unconstitutional
Court Overturns Gag Order in Steinberg Case as Unconstitutional
By RONALD SULLIVAN
LEAD: A gag order forbidding lawyers in the murder trial of Joel B. Steinberg from discussing the case with reporters was overturned yesterday by a New York State appeals court on the ground that it went too far.
A gag order forbidding lawyers in the murder trial of Joel B. Steinberg from discussing the case with reporters was overturned yesterday by a New York State appeals court on the ground that it went too far.
In a unanimous decision, a five-judge panel of the Appellate Division of the First Judicial Department ruled that the gag order by Acting Justice Harold J. Rothwax of State Supreme Court in Manhattan was unconstitutional because Mr. Steinberg's right to a fair trial was not being threatened.
Acknowledging that the courts must insure that pretrial publicity not impair a defendant's right to a fair trial, the court said, ''a careful review of the record before us fails to disclose adequate factual findings or basis upon which to conclude that the defendant here is so threatened.''
Thus, it said, Justice Rothwax's gag order ''is constitutionally impermissible.'' Gag Order Is 'Overbroad'
Moreover, the court said, the gag order was wrong because it was ''overbroad'' and because Justice Rothwax failed to rely first on standing court rules for lawyers that forbid them from making any statements that would threaten a criminal defendant's right to a fair trial.
Lawyers from the Office of the State Attorney General who represented Justice Rothwax said they had not decided whether to appeal the ruling to the State Court of Appeals. Justice Rothwax declined to comment on the ruling. In announcing his gag order on Oct. 4, Justice Rothwax said that ''corridor press conferences outside the courtroom enadangers, demeans and cheapens the judicial process.''
His order was immediately appealed by lawyers for New York newspapers and television stations who contended that the order violated Fourth Amendment guarantees of a free press. They also argued that the trials of Robert E. Chambers Jr. and Bernhard H. Goetz, which were highly publicized, like Mr. Steinberg's, were conducted without any restrictions on the media.
In the Steinberg case, seven more jurors were selected yesterday, bringing the total to 9 of a jury of 12 members and 4 alternates. Mr. Steinberg is accused of beating to death Lisa Steinberg, the 6-year old girl he and Hedda Nussbaum raised. Ms. Nussbaum is also charged with second-degree murder in the case.
Correction: October 21, 1988, Friday, Late City Final Edition
An article on Wednesday about a ruling in the trial of Joel B. Steinberg misattributed the Constitutional guarantee of press freedom. It is embodied in the First Amendment.