Noblesville—A Hamilton County Judge has issued a gag order in the Carmel Case. The Friday hearing was filed by the defense attorney for one of the defendants to muzzle attorney Bob Turner who represents the victim.
Turner has been releasing information on behalf of his client, he says, was sexually assaulted by Senior basketball players at Carmel. But in an ironic twist, Turner appears to be excluded, at least for the moment, in the gag order.
"This was targeted at me," said Turner outside Court 3 at the Hamilton County courthouse.
Robert Kitzinger's attorney, Jim Voyles, filed the gag order request. Prosecutor Sonia Leerkamp concurred and was in the courtroom for the hearing.
At first, Judge Hughes said he would not grant the gag because he expected a bench trial, meaning likely he or another judge would hear the misdemeanor case.
But then when the possibility was raised of a gag order if it was a jury trial, Prosecutor Sonia Leerkamp and Voyles met behind closed doors and then Leerkamp requested a jury trial.
Judge Hughes then said the pre-trial publicity could taint a jury and made the following statement granting the gag order.
"Lawyers representing this case or representing any witness shall not make any extrajudicial statements that will affect a fair trial in this cause," said Hughes. Bob Turner had already left the courtroom and it appears at this point Turner is excluded from the gag order provisions. Turner's hearing is set July 26th.
It's possible the case may never make it to a trial but be pled out by defense attorneys.
All of the testimony remains secret due to grand jury proceedings that led to the four misdemeanor indictments of Robert Kitzinger, Brandon Hoge, Scott Laskowksi, and Oscar Falodun.
If the cases doesn't go to trial the information contained in grand jury proceedings may never be released unless a civil suit is brought by Turner on behalf of his clients. Turner has also not ruled out calling for a Federal investigation into the case.