Attorney for suspect in Stockton killings asks judge for gag order

STOCKTON (BCN/CBS SF) — A judge will decide Tuesday morning if a request from the defense attorney representing Wesley Brownlee will be granted to restrict the district attorney and police from discussing the case with the media after what she describes as “prejudicial” statements were made to the press this month.

Allison Nobert, Brownlee’s public defender, appeared in court on Monday with her client after filing the motion for a protective order against pretrial publicity.

Brownlee was arrested on suspicion of fatally shooting six people and suspicion of attempted murder but has so far only been charged with three murders.

“There is sufficient evidence to pursue three counts of murder and we are confident additional charges will be added to the complaint as the investigation progresses,” District Attorney Tori Verber Salazar said.

The defense argued that a protective order is needed because recent media coverage and statements from the Stockton Police Department and the San Joaquin County District Attorney are prejudiced against Brownlee.

“Among the legal procedures is the requirement that the jury’s verdict be based on evidence received in open court, not from outside sources,” Nobert said. “By continually allowing both Chief McFadden and the district attorney’s office from disseminating alleged facts about this case, they are depriving him of that,” she told the court.

During her argument, Nobert showed articles from ABC News, the New York Times, the Stockton Record, and NBC news where Brownlee was accused of “hunting” for victims and in which “inflammatory” statements were made against him.

During the hearing, Brownlee stared straight ahead without displaying any emotions, while four of his family members sat behind him listening silently.

Norbert specifically called out prosecutor Verber Salazar, who described Brownlee as someone underserving to have his name uttered ever again.

“Salazar took to the podium and said, ‘The defendant, because I’m no longer going to say his name again because he doesn’t deserve to have a name, he doesn’t deserve to be out here’,” Nobert alleged the prosecutor said, calling it “highly inappropriate, highly prejudicial.”

She said Brownlee deserves the presumption of innocence.

Brownlee was arrested and booked into the San Joaquin County Jail on Oct. 15 after being stopped by officers in the area of Village Green Drive and Winslow Avenue in connection to six homicides.

Stockton Police Chief Stanley McFadden said at a press conference on Oct. 15 that their surveillance team had followed Brownlee and watched his patterns, eventually determining that he was possibly going to strike again.

“We are sure we stopped another killing,” said McFadden.

Brownlee, a truck driver who moved to Stockton this past summer, was charged last week with three counts of murder, one count of possession of a firearm by a felon, and one count of possession of ammunition by a felon.

While the defense claims that their client’s fifth and eighth amendment rights are at stake, the prosecution rebutted by saying that any statements from the district attorney’s office have taken place during pretrial and that the DA has only articulated that there is evidence that is “beyond a reasonable doubt” and that they are charging three murders.

Deputy DA Elton Grau said the protective order will ‘chill’ the ability of law enforcement to continue investigating the case.

“If you look at the order itself, it’s overbroad, it’s over inclusive, and will not allow the police or investigators to continue investigating the case and speaking with other individuals,” he said.

Judge Xapuri Villapudua will make her decision to either grant or deny the motion at 8:30 a.m. Tuesday morning at the San Joaquin County Superior Court.