Zip it, judge tells lawyers

Dippolito attorneys told to cut cracks

lawyers representing Dalia Dippolito are now restricted from criticizing prosecutors before a third trial in the high-profile murder-for-hire case.

Palm Beach County Circuit Judge Glenn Kelley on Friday ordered attorneys to limit their remarks to the news media, but he stopped short of imposing a full gag order sought by prosecutors.

Kelley also declined a request to remove California attorney Brian Claypool from Dippolito’s defense team because of recent public comments that the State Attorney’s Office called “unethical and unprofessional” and harmful to the prospective jury pool.

According to the ruling, parties on both sides are proThe hibited from making “extrajudicial statements,” such as theories or opinions of the case or the people involved. Claypool could not be reached for comment Friday and the State Attorney’s Office declined to comment.

“We just have to let the ruling stand,” said State Attorney’s Office’s spokesman Mike Edmondson.

Dippolito, 34, is scheduled to stand trial again in June over allegations that she tried to have her husband killed by a hit man, who turned out to be an undercover Boynton Beach police officer.

At a retrial in December, Kelley declared a mistrial because the jury split 3-3 on the 2009 charge of solicitation to commit first-degree murder.

In 2011, Dippolito was convicted and sentenced to 20 years in prison, but an appellate court granted her a new trial because of a problem with jury selection.

During a hearing earlier this month, prosecutor Craig Williams argued that quotes in a Jan. 26 news release by Dippolito’s attorneys violated Florida Rules of Professional Conduct for lawyers.

Among the statements: “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.”

Williams blasted Claypool for holding news briefings before and during the last trial and making improper comments to the jury, including the revelation that Dippolito is the mother of a baby boy. She had the child while on house arrest, a 24-hour curfew and GPS ankle monitor.

“I have never witnessed something so offensive, unethical and unprofessional as the repeated words and behavior of Mr. Claypool,” Williams said.

The prosecutor said Claypool can’t be allowed to “demean our judiciary, to demean opposing counsel, to malign the state attorney’s office, to demean state witnesses, to attack the Boynton Beach Police Department.”

But Dippolito lawyer Andrew Greenlee argued Claypool’s comments are protected by the First Amendment, and there’s no proof potential jurors for the next trial have been tainted by anything Claypool has said.

“There is nothing wrong with an attorney commenting to the media,” Greenlee said, later adding, “We think a gag order is unwarranted.”

Claypool is not a member of the Florida Bar, so he’s worked on the case with the court’s special permission. One year ago, Kelley found some of Claypool’s remarks violated conduct rules for attorneys, but allowed Claypool to stay on the case after receiving an apology.