Lawyers Given Gag Order in Case of N.Y. Jogger
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NEW YORK — The judge in the case of a jogger who was raped and beaten in Central Park issued a gag order Tuesday at a hearing on whether the teen-age defendants’ statements may be used as trial evidence.
Six youths are charged with the April 19 rape and attempted murder of a 28-year-old investment banker who was taking her nightly jog. She suffered brain damage and has partial amnesia but is undergoing rehabilitation and has offered to testify.
At the request of the prosecution, state Supreme Justice Thomas Galligan ordered lawyers in the case not to divulge any material brought out at the hearing that prosecutors intend to use as evidence.
Assistant Dist. Atty. Elizabeth Lederer, complaining about leaks to the news media, told Galligan the material contained the names of juveniles and other witnesses she plans to call, as well as other information that could compromise the investigation if it is revealed.
A seventh teen-ager is charged with attacking two male joggers and robbing them. He is not charged with rape.
An eighth youth has pleaded guilty to robbery in connection with attacks on the male runners and is expected to testify against the others in exchange for a one-year sentence and youthful offender status.
The pretrial hearing is on whether to suppress written and videotaped statements to police in which most of the youths implicate their co-defendants.
The defense lawyers say the statements were taken illegally from children under duress and should be thrown out. Peter Rivera, lawyer for defendant Raymond Santana, said his client was browbeaten for 10 hours before he was allowed to see his parents. Then he was told he would be allowed to go if he confessed, the lawyer said.
Colin Moore, lawyer for Kharey Wise, 17, said police kept his client away from parents, counsel and food for hours before extracting a statement.
Outside the courtroom, Rivera said that if Galligan bars the youths’ statements to police, his client will go free.
“The videotaped statements are the whole case,” Rivera said. “Without them they have no case. I feel pretty confident that if the law is followed, the statements will not be admitted.”
If Galligan admits the statements as evidence, some of the youths may have separate trials, partly because their interests are antagonistic.
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