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  Gag Order Sought in Sodomy Case

Contra Costa Times
April 24, 2009

http://www.contracostatimes.com/california/ci_12220163?nclick_check=1

A judge this morning took under submission a defense attorney's motion to impose a gag order in the case of a Salinas priest charged with sodomy involving a 16-year-old boy.

Miguel Hernandez, attorney for the Rev. Antonio Cortes, argued prosecutor Rolando Mazariegos was "leaking" inflammatory information to the media. If the reports continue, he said, the case would turn into a "circus" and a change of venue would be "inevitable."

Mazariegos objected to the gag order, saying no information had been released to the media that was not public record or an explanation of the laws at issue in the case. A lawyer for the Salinas Californian, Bruce Owdom, also objected.

Judge Russell Scott did not appear swayed by the objections, asking Owdom if he thought there could ever be an instance where it was appropriate to "try a case in the media." He did not say when he would rule.

Cortes, 41, also was arraigned on two new felony charges of possession of child pornography. Mazariegos and Salinas police said the charges were filed in connection to videos of minors engaged in sexual activity found on the priest's computers hard drives.

Hernandez pleaded not guilty on his behalf. A preliminary hearing is scheduled for May 1. Suspended as pastor of St. Mary of the Nativity Catholic Church in Salinas, Cortes remains jailed in lieu of $750,000.

 
 

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