A Garvin County judge denied a motion Friday asking the court to impose a gag order in the case of Victor Lee Hawkins, the 20-year-old facing multiple charges related to a shooting on the Pauls Valley High School campus April 7 in which PVHS Principal Kirk Moore was injured.
The case has received intense media attention over the last month, and the motion filed April 16 by Hawkins’ court-appointed attorney Tyson Stanek, argued a gag order is necessary to protect the defendant’s right to a fair trial.
During a May 1 hearing on the motion, Stanek offered the court three exhibits, which included social media posts that appeared on official pages for the District 21 District Attorney’s Office, Pauls Valley Police Department and Oklahoma State Bureau of Investigation following the shooting.
He also presented a fourth exhibit, containing three video clips of television news stories covering 911 calls from the high school, recognizing dispatchers for their work during the event, and breaking down surveillance video from the high school lobby.
District Attorney Jennifer Austin questioned the relevance of the clips, which were not admitted into evidence.
“I think everyone can acknowledge there has been news coverage in this case,” Austin said.
In arguing his motion, Stanek said his purpose was not to stop the media from doing their job, but rather to protect his client’s sixth amendment right to a fair and impartial jury.
Stanek noted 911 calls and school surveillance video related to the case have been released to media outlets.
Austin told the court the DA’s office also wants to see the case tried fairly. She said it is not uncommon for her office to issue statements in high profile cases. According to Austin, those statements are restricted to information contained in the probable cause affidavit, which is public record. She said her office has not released any information in this case that is not allowed under the law, nor has her office violated any ethics rules in releasing information about the case.
Austin said 911 calls were released in response to an Open Records request from a media outlet prior to Stanek’s motion being filed. She said a second records request for the same calls was made by another media outlet after the motion was filed, and her office held that request pending the outcome of the May 1 hearing.
The school surveillance video was not released by the DA’s office, according to Austin.
“Open records are something I know are being sought in this case,” Austin said.
Austin asked the court to consider future filings in the case on an individual basis, possibly sealing specific documents that might be problematic, rather than issuing a blanket prohibition.
“We will respect whatever ruling this court makes, because we, too, want a fair trial in this county in this case,” Austin said.
Stanek asked the court to “take a strong hand” in the matter and order law enforcement agencies not to fulfill future open records requests related to the case.
After clarifying Stanek’s request, Special Judge Trisha Misak denied it, reminding him the motion being heard did not make mention of restricting the fulfillment of records requests, and that other agencies who would be affected by such an order had not been given notice or the opportunity to be present and heard on the matter.
In ruling on the motion for a gag order, the court reminded the district attorney’s office, law enforcement and other court officials of their responsibility under Oklahoma Rules of Professional Conduct to refrain from making extrajudicial comments that have a likelihood of heightening public condemnation of the defendant.
Misak said she has not read or seen anything to this point that has violated ethical standards. She said if either side becomes aware of such statements, they may request further hearing dates from the court.