Judge Rules Broderick Can Talk With Press

A San Diego municipal judge Wednesday lifted a temporary gag order that had barred murder suspect Elisabeth (Betty) Broderick and others associated with her case from talking to the press.

Judge H. Ronald Domnitz said he decided to strike the 12-day-old order because press accounts would not pose a “serious and imminent” threat to Broderick’s right to receive a fair trial.

Broderick is accused of murdering her ex-husband, Daniel T. Broderick III, and his new wife, Linda Kolkena Broderick, in the bedroom of their Hillcrest home Nov. 5. She has pleaded not guilty.

The San Diego County district attorney’s office persuaded Domnitz to issue a temporary order Dec. 1, arguing that it would prevent prospective jurors from being prejudiced by publicity.

Broderick’s lawyer, Mark A. Wolf, did not object initially to the order, which affected his client as well as attorneys, investigators and police involved in the case.

However, at a hearing Domnitz held Tuesday to decide whether to extend the order, Wolf argued that it should be lifted. Broderick needs to be able to speak to the press to correct erroneous reports that may appear, Wolf said.

Lawyers for the Copley Press, which publishes the San Diego Union and the San Diego Tribune, also told the judge that he should the lift the order. On balance, attorney Gregory D. Roper said, a free press is more important than speculative threats to Broderick’s fair-trial rights.

Domnitz said Wednesday that he agreed with that analysis. Though the case has generated a “substantial amount of media coverage,” those reports appeared to be even-handed and were not the kind of stories likely to prejudice jurors, he said.

Besides, the San Diego County jury pool involves millions of people, and a trial date isn’t even set yet, Domnitz said.

The judge did say, however, that, if there is a “firestorm of media activity,” or any attempt to “try this case in the media,” he will not hesitate to consider another gag order.