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MyspaceThe District Attorney’s Office has filed a motion asking Judge Brian Hill to order investigative reporter Peter Lance and his attorney Darryl Genis to refrain from making comments about Lance’s case to the media. Lance, who is facing a DUI charge, is the author of a series of pieces in the Santa Barbara News-Press alleging misconduct by arresting officer Kasi Beutel.
The proposed order also says the defendant should “remove any comments or information regarding this case that is currently posted on the internet in any form,” a line that raised Lance’s brow, and that of the News-Press, which published an article on the motion over the weekend.
According to opposition papers filed by Genis, the order “would not only preclude Mr. Lance from plying his chosen trade as an investigative journalist … but also to require both Mr. Lance and his lawyer to ‘scrub’ the entire World Wide Web of all things related to arrest and of anything having to do with Officer Kasi Beutel.”
The real substance of the proposed order, Chief Deputy DA Gordon Auchincloss explained, was related to them speaking to the media in the future — not what has already been published. And, he explained, the intent wasn’t to extend the proposed order to what the News-Press has printed, but to statements made by Lance and Genis on blogs or Web sites. The DA, in its motion, addresses a list of quotes — all from News-Press articles — which it calls inflammatory statements and which, according to the motion drawn up by Deputy DA Michael Carrozzo, “only add to the notoriety of this case and endanger the likelihood of the People receiving a fair trial.”
Genis not only opposed the DA’s motion on legal grounds but also said the office should be sanctioned for bringing a frivolous motion. The DA, he went on, should award Lance the costs and fees he paid connected to the motion — $1,500, for two hours of work by Genis.
Hill, who said a gag order on attorneys is fairly customary — though they must be narrowly tailored and would probably include both sides — continued the motion to October 25 to give everyone a chance to read Lance’s opposition papers. On that day, Beutel is expected to take the stand as part of a statutory suppression hearing. If the judge sides with Lance at the conclusion of that hearing, his case could very well be dismissed.
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Comments
Can you imagine if the average person was arrested on any charge and was able to use the News-Press at his/her will to dissuade any possible jury member from conviction. Regardless of the actual facts.
For hypothetical purposes let's say Officer Beutel did what Lance is arguing. For any of us this story MIGHT have come to light in the media AFTER being vindicated by a jury, but not for Peter Lance. He is seeking jury complete nullification, or at least a hung jury, to add a false legitimacy to his series of stories.
They say money buys a not guilty verdict. So does the media and access to it. Shame on the News-Press for their part in the biggest news media shame in Santa Barbara county history.
Validated (anonymous profile)
October 20, 2011 at 12:42 p.m. (Suggest removal)
were it not for this connection, the corruption alleged would have continued indefinitely. Be thankful it has been brought out into the light.
Lance may well be guilty of drunk driving but the issues he has uncovered DO need to be addressed... and yet still, the City is stonewalling a proper investigation because of the obvious liability. But this does need to be investigated.
Would it have ever been brought out without Lance? Not likely at all. How many more violations of the public's rights would have occurred? How would you feel if it happened to you?
"To Protect and Serve" means just that... think about it.
As for the ridiculous assumption that this is all a ruse to taint the jury pool, that's laughable. This case isn't going to get that far, the PD & the DA won't let it... for the simple reason that the rest of the dirty laundry will get played out in open court... think about it. Trust me, Genis hasn't even started yet.. .there is a lot more that could (and hopefully will) come out. He's got more cards to play.
Is lance trying to beat a DUI conviction? Sure. Is he guilty? Quite possibly. Does it suck that he may get off because of this issue and not because he really was not under the influence? Sure you could have that opinion. But just because he may/may not have actually been intoxicated definitely does not make the alleged abuses of process/power by the PD and DA unimportant or excusable.
I would like to believe the Police and DA are following the law, not breaking it. Which make you feel safer, actually knowing that is true or knowing Peter Lance got a DUI? One makes a difference to all citizens, the other just makes a difference to one.
cartoonz (anonymous profile)
October 20, 2011 at 4:44 p.m. (Suggest removal)
Cartoonz,
You sound as if you have inside information, or maybe a job at the News-Press??
First of all.... NO PROOF of corruption has been proven at all. Just like Lance's guilt. If this story was to be considered nothing more than an attempt at jury nullification it should be told AFTER the case was adjudicated. That is how reputable news organizations do it. DON'T MAKE THE NEWS if you're reporting the news.
After a simple google search I came across this little blog... http://santabarbaranewspressblogcom.b... . Who ever this guy is he seems to know a lot about the News-Press and their motives. Worth the read.
Validated (anonymous profile)
October 20, 2011 at 7:51 p.m. (Suggest removal)
Validated, you hit the nail on the head. Mick Von Caw, who writes the blog you mentioned, sees through all of team Lance's efforts to spin things and tell lies as a substitute for the truth. It's actually quite refreshing to read. Its too bad that he's not reaching a wider audience.
goodprevails (anonymous profile)
October 20, 2011 at 10:46 p.m. (Suggest removal)
100% with Cartoonz on this one. Lance may be guilty, but the shame goes to Beutel and the rest of the SBPD. Sorry you aren't a journalist, Validated, but you had your chance and that's how the cookie crumbles. For now, you'll have to keep wishing and your words are relegated to the "comments" section.
Lance and Genis may be douchebags, but they did you all a favor. Thank them.
3domfighter (anonymous profile)
October 21, 2011 at 8:09 a.m. (Suggest removal)
Again, where is the court findings or corruption by SBPD and/or Officer Beutel?
I am not, nor have ever been, a journalist but I do enjoy ethical journalism. Too bad the Santa Barbara News-Press does not understand what that means.
Validated (anonymous profile)
October 21, 2011 at 5:19 p.m. (Suggest removal)
So your position is that since the alleged misconduct of the PD & DA were proffered by a News Press reporter and an attorney, they should not be investigated? Why, because you have a bone to pick with the News Press?
You want the corruption/misconduct charges validated before you believe them... great! To do that, they need to actually be investigated... something that would never have a chance of happening without the actions of Lance.
I have no love for the News Press, but that does not mean the charges leveled at Beutel and co. are invalid. For you to summarily dismiss the seriousness of those allegations just because you don't like the messenger is beyond ignorant.
This is the best summary quote yet :
"Lance and Genis may be douchebags, but they did you all a favor."
EXACTLY
cartoonz (anonymous profile)
October 21, 2011 at 7 p.m. (Suggest removal)
That kind speculation about the SBPOA endorsement sounds exactly like what the News-Press calls facts. Their "news" and editorial writers are some of the most self serving, self promoting and unethical prognosticators in the business.
Validated (anonymous profile)
October 23, 2011 at 2:01 p.m. (Suggest removal)