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Judge to weigh in on gag order for case against suspected Stockton serial killer

Legal experts tell ABC10 that if approved, the order could prevent media coverage of some of the trial.

STOCKTON, Calif. — A judge is expected to weigh in Monday on a motion filed for a "protective order against publicity" in the case against Wesley Brownlee, the suspected Stockton serial killer.

Legal experts tell ABC10 that the protective order, also known as a gag order, would hinder the media's coverage of the case and could bar cameras from being allowed inside the San Joaquin County courtroom during the trial.

Brownlee was arrested in Stockton Oct. 15 in relation to the deaths of six people and one woman being dating from April 2021 through September 2022.

The San Joaquin County District Attorney's Office filed three counts of murder, one count of a felon in possession of a firearm and one count of possession of ammunition against Brownlee Tuesday.

Thursday afternoon, the motion requesting the gag order was filed by either the defense or prosecutors in the case. A hearing on the motion was scheduled for Monday at 1:30 p.m.

"We know it as a gag order, and a couple of things: One, it's going to prevent the parties most likely from giving press conferences, and that means the defense attorney, or the DA's office themselves, or anybody associated with either agency," legal expert and defense attorney Mark Reichel told ABC10. "As well, it's going to do everything they can to prevent the media actually, from reporting, as the case develops, specifically, from inside the courtroom, reporting certain things."

Reichel says that the motion was likely filed by prosecutors with the District Attorney's Office in an effort to keep the case in San Joaquin County without tainting the jury pool.

ABC10 reached out to the District Attorney's Office but has not heard back.

"They don't want to prejudice any potential jury pool, which would cause the case to have to move out of San Joaquin County, it's very expensive," Reichel said. "It could also just jeopardize the pending investigation because they are looking at this suspect for other charges and other crimes, and too much publicity they feel might, you know, jeopardize the investigation."

The move to request a gag order is common in big cases, Riechel said. 

A similar motion was filed in the trial against Paul Flores who was convicted of killing Stockton teen Kristin Smart. The gag order in that trial prevented lawyers, investigators, witnesses and others from releasing documents or speaking about the case.

"It's a common occurrence, but it's a common occurrence that's fought out and there's a lot of conflict," said Reichel. "Usually, you're going to see attorneys for various news agencies come in and assert the First Amendment right."

As for expectations, Riechel says he believes the gag order will be approved Monday but with changes and possibly behind closed doors.

"They're going to probably ask to seal the courtroom or remove spectators in the courtroom, I think when they discuss some of it. That's possible because they may get their reasons why they want a gag order because they're going to come forward with some pretty grisly details," said Reichel. "I think there's going to be a modification of some of it. I think there may be a gag order on the attorneys and so forth, but not a gag order on the media-- that's really hard to issue."

Watch More from ABC10: Stockton families, city leaders hold vigil for victims of suspected serial killer

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