Gag order mulled in State Fair case

INDIANAPOLIS (WISH) - It was supposed to be procedural, perfunctory, mundane. But the State Fair hearing on Wednesday was far from it.

More than 35 lawyers representing all the parties in the State Fair tragedy crowded into a Marion County Civil trial courtroom Wednesday to try to agree on dates and procedures. But another issue took center stage.

Voices were tense and sparks flew when attorneys began discussing pretrial publicity and whether one lawyer's actions poisoned the process.

The assemblage of attorneys became a courtroom conference of sorts, as the judge asked for opinions of the large group. And it spoke to the complexity of trying to find truth in this tragedy.

Clad in suits, case files in hand, there were lawyers for more than a dozen defendants, more than 4 dozen plaintiffs. There were even lawyers representing the lawyers. And tempers flared.

 

Sugarland's attorney lashes out

Defense attorney Bill Johnson represents Sugarland artists Kristian Bush and Jennifer Nettles. Johnson was red-faced and furious as he told the judge that releasing to the media the taped deposition of his clients violated the rules of confidentiality. And the object of Johnson's fury was the lawyer who released the tape: plaintiffs' attorney Kenneth Allen.

Johnson told the judge that Allen held a press conference after the deposition and characterized Nettles and Bush as heartless, saying the duo lacked compassion. Johnson believes Allen's acts clearly violate rules regarding pre-trial publicity.

"I have never seen a lawyer act so contentiously to the rules of conduct in my career," Johnson told the judge, angrily.

Allen disagrees, telling 24-Hour News 8: "I embrace the rules and try to follow them in every way possible."

 

Did video release violate confidentiality agreement?

But defense lawyers point to the confidentiality agreement filed Jan. 27 and signed by the attorneys, including Kenneth Allen's firm. That agreement appears to forbid attorneys from characterizing witnesses, evidence or experts.

But Allen argued he didn't know the deposition was confidential and he was just responding to Sugarland's PR machine.

"There are defendants in this case that have hired spin masters and crisis managers and publicists and teams of them, actually," Allen told 24-Hour News 8.

 

Lawyer says he's just battling spin

Allen played video from national newscasts on a large screen in the courtroom. The newscasts quoted Sugarland's attorneys, who called the tragedies an "act of God." The newscasts also quoted Sugarland's lawyers who said the victims were partly to blame for failing to take shelter when they could see evidence of the approaching storm.

Allen then pointed to a number of print and broadcast publications that retold the stories that the band members were beneath the stage praying when the tragedies struck.

Allen said he deposed Bush, questioning him about the alleged prayer and under oath, Bush told him that the band was not praying at the time of the fall. Allen claimed the story had been released in an attempt to imply God was protecting the band - absolving the duo from blame.

Defense lawyers said Allen's claims are ridiculous, and the group’s publicist only released statements after Allen publicly attacked the group.

 

Judge's options

Now Marion Superior Court Judge Theodore Sosin has options to consider. He can choose to strengthen or clarify the existing confidentiality agreement, or he can take the rare step of issuing a complete gag order.

Asked whether he wants a gag order, Johnson replied: "I want to make sure that the kind of thing that happened in the past doesn't repeat itself. How broadly the court wants to go, that's up to the court."

Does Johnson believe a gag order is appropriate in this case?

"It's close," he replied.

Sosin will also decide on a case management plan to organize the depositions of the more than 30 lawyers and set procedural deadlines. The proposed date for trial is after April 1, 2014. The judge is expected to issue his ruling May 14 or 15.