What Gag Order?

Judge Brian Hill eased tensions in a heated courtroom Tuesday by declining to impose sanctions on freelance journalist Peter Lance and the Santa Barbara News-Press for defying his previously issued gag order. Hill — who is presiding over Lance’s DUI case — explained his decision in a pretrial session eleven days after ordering Lance not to publish the contents of a confidential hearing that Lance had legally obtained due to a court error.

Citing his First Amendment right to defy Hill’s order in an editorial, Lance published the contents of the hearing in the News-Press Sunday as part of his ongoing series investigating alleged misconduct by police officer Kasi Beutel. The hearing played a prominent role in Lance’s piece, as he accused Sgt. Tody Stoney — who was present at the hearing — of perjury in allegedly covering up complaints in Beutel’s file. In the article, Lance interviewed two individuals who had purportedly filed complaints against Beutel in the weeks before the hearing. Now eight parts and 30,000 words — roughly a quarter of a typical novel — into his series, Lance said he plans to publish parts nine and 10 of his series next week.

But on Tuesday, Hill decided not to punish Lance or the News-Press in part because the “rather harmless” contents of the hearing did not compromise Beutel’s privacy rights, which are protected by state law. The April 8 hearing was called after Lance and his lawyer Darryl Genis filed a Pitchess motion in an attempt to access the complaint file of Beutel, who had arrested Lance for allegedly driving under the influence of alcohol this past New Year’s Day. In an in-chambers meeting, Judge George Eskin — who was presiding over Lance’s case at the time — asked Stoney whether Beutel had any complaints in her file. Stoney — who is in charge of department complaints — testified that none had been filed.