Gag order issued in Marshal Brian Pope felony case

A gag order issued Tuesday prohibits Lafayette City Marshal Brian Pope and attorneys involved in his felony case from talking to the news media.

Fifteenth Judicial District Court Judge David Smith granted the gag order requested by Assistant District Attorney Alan Haney, who said he wants to keep the trial in Lafayette.

"I don't intend to talk to the media," Haney said.

Pope's attorneys cited excessive publicity in asking the judge to move the trial outside the Lafayette area. Smith did not rule on the change of venue request Tuesday.

Pope faces trial April 23 on seven felony charges, including two perjury charges and five malfeasance in office charges.

His attorneys obtained subpoenas for local news organizations to produce stories and videos of their coverage of Pope's legal problems.

Also on Tuesday, Amber Gotcher-Robinson, chairman of the failed Recall Brian Pope effort, testified that she shredded the petition containing more than 23,000 signatures on Dec. 11, the day she announced the recall failed.

Brett Grayson, one of Pope's attorneys, subpoenaed Gotcher-Robinson and co-chairman Steven Wilkerson to produce the original petition with signatures. He wanted the names to keep anyone who signed the recall petition from serving on the jury.

Gotcher-Robinson said she shredded the petitions fearing retaliation against signees after Pope had Wilkerson arrested Dec. 11 on a bench warrant on 20-year-old charges of issuing worthless checks worth less than $200. The DA recently dropped the charges.

Charges dropped against Recall Brian Pope co-chairman

The recall chairman said she promised people who signed the petition that she would protect them if the recall failed, but was unaware the petition was a public record.

The law requires the chairman of a recall effort maintain the entire petition with signatures, Grayson said. Not doing so subjects the petitioner to possible felony charges, he said.

"Unlike some people, I will take my charge and pay my fine," Gotcher-Robinson said, taking a jab at Pope, who has not completed community service work ordered for contempt of court in 2016.

At a March 26 hearing, Smith is expected to consider motions by Pope's attorneys:

to move the trial out of Lafayette

to quash the grand jury indictment or try the malfeasance charges separate from the perjury charges, and

to suppress emails that Pope alleges were unlawfully obtained by Lafayette Consolidated Government.

The Louisiana Third Circuit Court of Appeal ruled recently that Smith erred when he did not require evidence to be introduced in a December hearing to suppress emails Pope alleges were illegally because a search was done without a court order or his consent.

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