STOCKTON, Calif. — Update, Tuesday 9 a.m.: A judge denied a gag order request Tuesday morning in the case of Wesley Brownlee, who is accused of shooting and killing three people.
Original story Monday:
The defense for 43-year-old Wesley Brownlee argued for a "gag order" Monday afternoon in San Joaquin County Superior Court in Stockton.
"All of these statements you see will presume his guilt and are inflammatory in guilt," said defense attorney Allison Nobert.
She was referring to a giant screen unveiled in the courtroom where quotes from the media regarding the arrest of Brownlee were projected.
Brownlee is accused of shooting and killing three people in a string of serial murders this year and last year that terrorized residents of Stockton. One killing happened in Oakland. He was arrested earlier this month.
He has not been charged with three other murders Stockton police believe are also connected.
Nobert, appointed by the public defender's office to represent Brownlee, presented her arguments for a so-called "protective order against publicity," or "gag order."
The proposed order is not only for the media, but would extend to law enforcement and the district attorney's office in her attempts to get her client a fair trial.
In doing so, she presented a series of statements regarding Brownlee in coverage from a number of media outlets.
"In an article published in the New York Times, the police say they arrested him around 2 a.m. on Saturday while he was armed and out 'hunting,'" said Norbert, again referring to the statement projected on a screen.
She particularly pointed out statements by Stockton Police Chief Stan McFadden and San Joaquin County District Attorney Tori Verber Salazar said at news conferences.
"We believe we have sufficient evidence to pursue these charges and prove them beyond a reasonable doubt. We are confident additional charges will be added,'" a quote attributed to District Attorney Tori Verber Salazar and read aloud by Norbert in the courtroom.
The defense argued the statements are prejudicial against Brownlee.
However, prosecutor Elton Grau argued what was said in the media was "just a resuscitation of facts," but said his side could agree to a partial protective order but not so broad.
"It's over inclusive. It will not allow the police or investigators to continue to investigate the case and speaking with other individuals," Grau said.
Brownlee initially stared straight ahead without any eye contact at the outset of the hearing. However, at times he turned his head to look at the statements projected on the screen.
The hearing will continue Tuesday morning with an attorney from the city expected to defend its case against the protective order.
Judge Xapuri Villapudua said she would then make a ruling.
Family members for Wesley Brownlee were in attendance, but left without commenting to the media. Brownlee is being held without bail.
