Walin filing latest in recent rash of gag order requests
by Kara Machado, 4/22/2007
A protective order is being sought in the Elliott Michael Walin case.
A motion for the protective order request, filed by the Humboldt County Public Defender’s Office, will be heard before Humboldt County Superior Court Judge Christopher Wilson on Monday.
If the request for the protective order — also known as a gag order — is granted, it will prevent trial attorneys, court officials and other trial participants from talking to media about the case.
On Friday, Walin’s attorney, Deputy Public Defender Jennifer D. Dixon, declined to comment on why the gag order request was filed.
Humboldt County Deputy District Attorney Arnie Klein said a judge found sufficient evidence — following an April 3 preliminary hearing — to hold Walin to answer to all charges listed on the complaint against him: felon in possession of a firearm, a sawed-off shotgun; felon in possession of ammunition; possession of a sawed-off shotgun; assault with a firearm; felon in possession of a short-barreled shotgun; and grand theft auto, with a special allegation that Walin allegedly did so with a sawed-off shotgun and another special allegation that Walin has a prior felony vehicle theft conviction.
Klein confirmed Walin pleaded not guilty to the charges against him.
When asked to comment about the gag order request in the Walin case, as well as on the rash of gag order requests filed recently by the Public Defender’s Office, Klein said, “I guess this will all get solved in the courtroom.”
“All I know is that the public’s right to know has to be balanced against the defendant’s right to a fair trial,” Klein said. “But at some point, with as many gag orders being filed by the Public Defender’s Office, I think the community has to be somewhat sensitive to their rights to need to know what’s going on.
“The first step toward tyranny is to stifle the news media.”
Humboldt County Public Defender Kevin Robinson was not asked to comment Friday, as the Public Defender’s Office has previously reported Robinson would be out for the week.
Walin’s file was unavailable Friday afternoon, a court official said, because it had already been taken to the judge’s chambers to be reviewed.
Klein said the case against Walin, 23, stems from events that began on March 14.
Klein said, according to preliminary hearing testimony, at about 6:30 a.m. on March 14, Walin allegedly stole a 1996 Toyota truck parked in a Eureka driveway.
During the theft, Klein said, a friend of the truck’s owner attempted to stop it.
When the friend tried to open the passenger door, Walin allegedly fired a shot at the friend and missed.
Walin allegedly drove away in the stolen truck, law enforcement was called and a search for Walin began, Klein said.
On March 18, Klein said, Walin was found at his girlfriend’s Rio Dell residence.
According to preliminary hearing testimony, Klein said, a shotgun shell was allegedly found on Walin’s person.
Authorities also found such items as a sawed-off shotgun and additional shotgun shells at the Rio Dell residence, Klein said.
Klein confirmed Friday that he was still considering adding the following charges to the complaint against Walin “due to the evidence presented at Walin’s preliminary hearing”: robbery of a vehicle by force or fear with the use of a firearm and attempted murder with the use of a gun.
A Humboldt County Correctional Facility official confirmed Friday that Walin was still in custody on a parole hold — which prevents him from bailing out of jail.
If convicted of all the charges against him, including those Klein said he may add, Walin could face a maximum of 27 years to life in prison, Klein said.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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