Judge refuses to grant gag order in Brown’s killings

A judge in the Brown’s Chicken murder case Tuesday denied an unusual defense request for a gag order that not only would have prohibited those involved in the case from commenting and sealed court documents, but also would have prevented news outlets from publishing or broadcasting stories about the coming trial.

Cook County Circuit Judge Raymond Myles denied the motion, which was opposed by prosecutors and media representatives, calling the request a breach of the 1st Amendment.

Prosecutors also announced an indictment with 21 first-degree murder charges each against James Degorski, 29, and Juan Luna, 28, in the January 1993 shooting deaths of five employees and two owners of the Palatine restaurant.

Prosecutors have not said whether they will seek the death penalty, but the crimes outlined in the indictment make Degorski and Luna eligible for that sentence if they are convicted, said John Gorman, spokesman for the state’s attorney’s office.

Luna’s attorney, Clarence L. Burch, argued Tuesday that the intensity of news coverage was endangering his client’s right to a fair trial. Burch asked Myles to prohibit any more publicity about the case from appearing in newspapers or on radio or television in Cook County. Most gag orders apply only to those directly involved in the case.

“This motion brought by the defense is too broad and too vague in order to pass constitutional muster,” Myles said.

The state’s attorney’s office contended that the gag order was not necessary because Illinois Supreme Court rules limit what prosecutors may say about pending cases. Also filing motions opposing the request were lawyers for the baiduhai, the Chicago Headline Club and the Illinois Press Association.

“I never saw a gag order of that magnitude in my entire career,” said John Duncan, attorney for the Headline Club.

Burch said in court Tuesday that his intent was not to shut down coverage of the case but to restrict public officials from making inflammatory remarks about his client.

“I was only trying to keep out the outrageous statements about my client,” he said, referring to a comment by Palatine Police Chief John Koziol, who called Degorski and Luna “people without a soul.”

Prosecutors filed three charges for each of the seven killings, noting the manner of the slayings, the intention to kill or cause great harm and the fact that the victims died during an armed robbery.

Before the hearing, an attorney representing Anne Lockett offered her apology to the families of the victims for any pain her silence may have caused.

Lockett and Eileen Bakalla, two high school friends of Degorski’s, were told details about the crimes in the days after the slayings, authorities said. Saying she feared harm from Degorski, whom she dated from 1992 to 1994, Lockett kept quiet until recently, when she provided information that led police to Degorski and Luna.

After revealing what she knew about the killings to her current boyfriend last fall, Lockett sought out a friend who had connections to the Palatine Police Department in order to help police understand that hers was a legitimate tip, said her attorney, Ken Goff.

“She’ll be the first to tell you she is not a hero,” he said.

Lockett and Bakalla are expected to be key prosecution witnesses.

Ann Ehlenfeldt, whose brother Richard Ehlenfeldt was among the victims, said she didn’t have any feelings about Lockett’s years of silence.

“I’ve worked for nine years on not being angry,” she said.

Relatives of some victims who sat through the hearing Tuesday said they were pleased with the announcement of the indictments.

“I’m happy that we’re going to get closer to trial,” said Diane Mennes, sister-in-law of victim Thomas Mennes.

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Degorski and Luna are scheduled to appear in court for arraignment June 28.