Judge: Carmel Assaults Gag Order Doesn't Apply To Turner
Victim's Attorney Could Face Disciplinary Action, Judge Says
12:36 PM, Jul 26, 2010
A judge said Monday that a gag order imposed earlier this month in the Carmel High School assaults case doesn't pertain to the attorney who released a Department of Child Services report detailing allegations against four former basketball players.Robert Turner, who represents a 14-year-old complainant who said that he was sodomized through his shorts, is not an attorney of record in the case, Hamilton Superior Court Judge William Hughes said, which means the order doesn't apply to him, 6News' Joanna Massee reported.The judge made reference to the release of the DCS report, indicating that it could lead to the filing of a disciplinary complaint against Turner because that information will likely be inadmissible at trial and may have violated the professional rules of conduct for attorneys."I'm pretty confused by this. I called DCS before the release of the report and asked them, 'Could that report be released,'" Turner said after Monday's hearing. "I'm not going to tolerate anyone suggesting that this victim does not have a right to speak about what happened to them."Hamilton County Prosecutor Sonia Leerkamp and other attorneys at the hearing said they had no comment.Four teens -- Robert Kitzinger, 19, Scott Laskowski, 19, Oscar Falodun, 18, and Brandon Hoge, 18 -- were charged in connection with incidents in the locker room at the school and on a bus during a team trip.Attorneys on both sides of the case have been engaged in a public battle in recent weeks after graphic details of the allegations were released to the media.Shortly after the release of the report, Jim Voyles and Bruce Boje, who represent Kitzinger, asked a judge to control pre-trial publicity surrounding the case."If the judge or any of the defendants' attorneys wants to go to the disciplinary commission, they can do that. I don't have a problem with that, because I also have some things I think the disciplinary commission needs to look at in terms of how it was handled by several parties," Turner said.Complaints made to the disciplinary commission are not a matter of public record.A change of venue hearing is scheduled for later this week.