Prosecutors Request Gag Order in Rape Case

Ventura County prosecutors are seeking a gag order in the case against rape suspect Andrew Luster, saying recent out-of-court statements by defense attorneys could taint the jury pool.

The request comes after Luster’s lawyers accused police and prosecutors of withholding evidence they contend will exonerate their millionaire client.

Attorney Roger Jon Diamond told reporters after a Jan. 31 hearing that something “bizarre” was occurring and that defense attorneys intended to get to the bottom of it.

Eight days later, Deputy Dist. Attys. Anthony Wold and Ernesto Acosta filed a motion requesting a gag order to prohibit prosecutors, defense lawyers, witnesses and investigators from commenting on the case.

In their motion, Wold and Acosta accused the defense of engaging in improper pretrial publicity in violation of state rules governing lawyers’ conduct.

They argued that unfounded statements on alleged police corruption could taint the jury pool and force the case to be moved outside Ventura County.

This week Diamond defended his earlier remarks and said he intends to fight any attempt to prevent the defense from speaking publicly about the case.

“I just think that is improper,” Diamond said.

Diamond said his comments did not violate state rules because, he said, they were made in response to earlier statements by officials with the Ventura County Sheriff’s Department and district attorney’s office.