Gag Order Issued in Michael George Case

Prosecutors Appeal New Trial Rule

The Macomb Daily is reporting that Circuit Court Judge James Biernat has issued a gag order on both the defense and the prosecution in the case involving comic book retailer Michael George, who was convicted earlier this year in the cold case murder of his wife in 1990 in the comic store they owned.  The Judge, who recently ordered a new trial for George (see “A New Trial for Michael George”) based on prosecutorial misconduct and the resurfacing of relevant police documents, also ruled against a defense motion that prosecutor Eric Smith be removed from the case.

According to the Macomb Daily the judge said that since Smith had appealed the Judge’s decision to grant a new trial, a disqualification of the prosecutor would be inappropriate.  Prosecutors filed notice last Wednesday with the Michigan Court of Appeals in an attempt to get the judge’s ruling for a new trial overturned.

Judge Biernat’s gag order, which includes a ban on making any public statements about any of the evidence in the case or concerning the identity of witnesses or their anticipated testimony, stems in part from a demonstration at the court house on September17th against the judge’s ruling for a new trial, and from a statement issued by the prosecutor blasting the judge for his decision.  The judge noted that his primary concern in issuing the gag order was to prevent the tainting of the pool of potential jurors for a new trial.

The defense team accused Prosecutor Smith of showing bias in his statements to the media, a bias that defense lawyers contend stems from the fact that Smith’s father was Chief of Police at the time that George’s wife was murdered.