Dippolito’s lawyers slam attempt at ‘gag order’

Dalia Dippolito’s attorneys blasted prosecutors over what they call an “unabashed attempt” to interfere with her defense and seek a “blanket gag order” before the third trial on a 2009 murder-for-hire charge.

It’s a response to a Feb. 2 request by the Palm Beach County State Attorney’s Office for the court to remove one of Dippolito’s attorneys.

Prosecutors had also called for a court order blocking the defense from making more statements to the news media that they say are aimed at swaying potential jurors with “improper, untrue and prejudicial information.”

But Dippolito’s lawyers argue their remarks “enjoy full protection from the First Amendment,” and “there is virtually no likelihood” anything

they’ve said so far has poisoned the jury pool for the next trial, set for early June.

They also defended their right to call attention to “issues of legitimate public concern” and are free to keep doing so.

“The State’s misuse of the taxpayer funding to take this case to trial yet a third time … despite the fact that the majority of jurors that heard her case would have acquitted her, is a matter of ‘direct significance in debate and deliberation over questions of public policy,’” Dippolito’s attorneys wrote.

Circuit Judge Glenn Kelley has called for a March 3 hearing to sort out the dispute, which flared in the wake of a mistrial in December when the jury split 3-3 on the charge of solicitation to commit first-degree murder. Two alternate jurors said they would have voted for the defense.

Prosecutor Craig Williams argues quotes in a Jan. 26 news release by Dippolito’s attorneys violated Florida Rules of Professional Conduct for lawyers, and comments in the release were so egregious the court should oust attorney Brian Claypool, of Pasadena, Calif.

Among the quotes called out by Williams, Claypool said, “The taxpayers of Palm Beach County should not have to bear the price tag associated with state prosecutors trying to save face and make a personal example out of Ms. Dippolito.”

Dippolito, 34, remains accused of trying to have her husband killed by a hit man, who turned out to be an undercover Boynton Beach police officer. She continues to be confined to house arrest on a 24-hour curfew.

Dippolito was convicted and sentenced to 20 years in prison after her first trial in 2011, only to have an appellate court grant her a new trial because of a problem with jury selection.

At the second trial, prosecutors Williams and Laura Laurie had urged a conviction based on audio recordings of Dippolito speaking about her alleged plans for the killing.

The evidence also included an Aug. 5, 2009 video of police officers approaching Dippolito at a police-staged fake-murder scene. Dippolito is seen shrieking when told her husband had just been killed in their townhome.

But defense attorneys Claypool and Greg Rosenfeld told the jury the Boynton Beach Police Department committed misconduct concerning its investigation of Dippolito, by seeking publicity on TV’s “Cops” program and also improperly using her former lover as a confidential informant.

Williams has accused Claypool of repeatedly making “improper” comments about the case outside of the courtroom, saying it “adversely affects the administration of justice.”

In March 2016, Judge Kelley considered imposing sanctions on Claypool because of the attorney’s remarks at a news conference. While ruling the comments violated the conduct rules for attorneys, Kelley accepted Claypool’s apology and allowed him to remain on the case.

Claypool is not a member of the Florida Bar and has special permission to represent Dippolito.

In their pleading Monday, Dippolito’s lawyers pointed out that after December’s retrial, State Attorney Dave Aronberg “immediately issued a press release announcing its intent to re-prosecute Ms. Dippolito for a third time.”

Dippolito’s lawyers also highlighted other examples they say show how the other side has been “capitalizing on the media exposure associated with this case” since it started — so prosecutors’ request for sanctions is “duplicitous.”

Former lead prosecutor Elizabeth Parker co-wrote a book after the first trial, titled, “Poison Candy: The Murderous Madam: Inside Dalia Dippolito’s Plot to Kill.”

The Dippolito defense criticized both the publication of the book while the case was still on appeal, and the attendance of current prosecutor Laurie at a book signing event and Laurie’s complimentary comments on Parker’s Facebook page. The Dippolito lawyers also noted that Parker still serves as the attorney and spokeswoman for Michael Dippolito, the defendant’s former husband.

Dippolito