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September 14, 2009

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Craig Moore

I think you are ahead of yourself here. As I read the news, the gag order is in place until the prosecutor decides whether to file charges. Now why would a judge do that? Some possibilities include preventing poisoning of the jury pool, protecting the potential defendant's presumption of innocence, giving law enforcement and the prosecutor "space" to finish their investigation, and a judge that doesn't want to manage a 3-ring circus. I'm not defending the judge, only laying out some of the possibilities.

Gregg Smith

What reason do you have to believe that Judge Curtis is unethical, Wulfgar? Because that is what you are suggesting.

Wulfgar

Gregg, I could be 'suggesting' a lot of things. But at no point did I write that Curtis is unethical. She is well within her legal purview to issue a gag order.

However, the questions outstanding are fairly overwhelming.

Why issue a gag order for a case that isn't a case yet? No charges have been filed.

How can a claim be made that such an order is to protect a jury pool if the order is to be lifted upon filing of charges?

Who requested this? The Flathead Sheriff's Dept which is one of the investigating bodies and known to have personal ties to Barkus? Dennis Rehberg's legal council? Did Curtis just pull this out of thin air? We know who it wasn't, and since it wasn't Barkus's attorney it would hardly compromise anyone's legal rights for the public to know who it was.

I wrote in my very first comment about this incident that if this were a bunch of good ole boys and someone had died, we'd be reading about it on the Darwin awards. I still maintain that if this were anyone other than who it is, we would have already known the BAC of the driver, and charges would have already been filed or dismissed. When Bauchus's Montana campaign director was in an alcohol related crash, charges were filed in less than 24 hours. But here we are more than 2 weeks after this accident and what we, the public, have is a gag order. This stinks to high heaven of cover up, Gregg. I'm not accusing Curtis of doing anything other than the job of a judge. But somebody's playing political games here with the justice system we all are supposed to be able to rely on and trust. Right. And know this, it sure as the hell isn't the people that many on the right accuse of playing political games who are doing this. No wonder people don't trust the government.

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