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Gag is out of order

What system does Hillsborough Circuit Judge Wayne S. Timmerman operate in where he finds it appropriate to gag the lawyers in a sensational teacher-student sex case? Timmerman, at the state's request, ordered the gag on Friday, barring prosecutors and defense attorneys from discussing the case of Debra Lafave, the 25-year-old former Hillsborough teacher charged with having sex with a 14-year-old student.

Timmerman said he was worried that press coverage would make it hard to seat a jury for the trial next month. That broad concern, so late in a case that for months has captured international attention, doesn't come close to the standard for a gag order. Beyond being conjecture and too late in the game, the move amounts to using the judiciary to help prosecutors gain ground on the defense, by denying Lafave's attorney the chance to publicly frame his client's case.

Hillsborough State Attorney Mark Ober, who has a record of openness, didn't hit the right balance between trial procedure and free speech. This idea that the news media, not the evidence, swings high-profile cases was disproved this very month, in the same judicial circuit, in the Jennifer Porter case. Timmerman, who will hear again from media attorneys Tuesday, should give more thought to why the practice of gagging attorneys is so rare and find a graceful way to correct his mistake.

[Last modified November 18, 2005, 21:07:02]