Gag order request on Guillén family denied
A federal judge has denied a request for a gag order on the family of slain Fort Hood soldier Vanessa Guillén.
Attorneys for Cecily Aguilar, a woman accused of helping her boyfriend dispose of Army Spc. Vanessa Guillén’s body, asked a federal judge to place a gag order on the Guillén family earlier this month.
The defense team argued that the potential jury pool is being “poisoned” by statements made by Natalie Khawam, the Guillén family attorney. Aguilar is being put at risk of not receiving a fair trial for the two federal charges she faces for conspiring and tampering with a victim, witness or informant, the federal public defenders said.
“Ms. Khawam has repeatedly invoked dehumanizing tropes to condemn Ms. Aguilar as an animal or something less than human,” the motion reads. It goes on to cite stories in which Khawam was quoted as calling Aguilar a “terrorist” for “killing and dismembering” a U.S. soldier.
Judge Jeffrey C. Manske denied the motion Monday in the U.S. District Court for the Western District of Texas. He did, however, warn that the court could revisit the issue if it finds future circumstances warrant it.
"The defendant's motion to gag a person, who is not a party to the case, is ridiculous, and that's one of many reasons why the judge was correct in denying it,” Khawam told the Chronicle Thursday. “This is like gagging a journalist because their report describing an alleged murderer was upsetting or negative but still truthful. Should they or everyone who says things the defendant doesn't like be gagged?”
Khawam said had the order been granted, it would have infringed on the First Amendment rights of those involved.
Attorneys from the Office of the Federal Public Defender’s were not immediately available for comment Thursday.
Guillén, a 20-year-old Houston native, was reported missing from
Fort Hood April 23 and her body was found 30 miles away on June 30. Spc. Aaron David Robinson, Aguilar’s boyfriend at the time, is believed by authorities to be responsible for killing Guillén. He fatally shot himself as investigators closed in on him early July 1. Aguilar is accused of helping Robinson dismember and hide Guillén’s body. She pleaded not guilty to the charges she faces.
Before she died, Guillén told her mother that she was sexually harassed by a sergeant at the base, but said that she didn’t file a complaint because it would not have beeen taken seriously by those in charge.
The killing has ignited a global movement demanding answers and justice for the Guillén family, as well as better treatment for women and minorities in the military. Khawam and members of Guillén’s family have been vocal about pushing for legislation and a Congressional investigation.
The motion for the gag order, filed July 27, asked the court to prohibit any potential witnesses, family, and their attorneys, from making statements “intended to influence public opinion.”
Khawam reportedly called Aguilar “a monster,” “barbaric,” “savage,” among other words, in media interviews.
The Sixth Amendment, as well as case law from the 1979 Supreme
Court Case Gannett v. DePasquale, in which the court ruled unfair media coverage poses significant dangers to a fair trial, was cited by defense attorney Maureen Scott Franco in the motion.
Assistant U.S. Attorney Mark L. Frazzier argued in a response that gag orders are issued to restrain the speech of participating parties in court trials, such as attorneys and witnesses. Khawam is a civil attorney and not involved in Aguilar’s prosecution and it’s not yet clear if any of the Guillén family will be called to testify at her trial.
The federal prosecutors asked the judge to consider a less restrictive measure to lessen the impact of negative pretrial publicity, such as tight restrictions on jury selection.
Maske, the judge, ultimately sided with prosecutors, denying the motion for the gag order.
Because Khama does not represent the government or the defendant, the case law cited by the defense does not apply to her or the Guillén family, he added.
Maske said though the motion was denied, the court will monitor the conduct of trial participants going forward to “safeguard these proceedings against any potential damage of negative pretrial publicity.”
Aguilar is set to have a hearing on Sept. 8. The deadline for any possible plea agreements in the case is Sept. 14, court records show, and a jury trial is scheduled for Sept. 28.