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Judge denies gag-order request Sees no fairness threat in mine case By Melissa Martin U.S. District Judge John Cooney on Monday denied Jackson County�s request for a gag order in the Opp Mine case. Yet he cautioned attorneys to weigh their words when they talk to the media. "It does not appear the publicity thus far generated in this case threatens a fair trial," Cooney said in a courtroom hearing in Medford. The case involves a $50 million lawsuit filed against the county, members of Jacksonville City Council and others. Legal intricacies could delay trial for several months The Opp Mine case may be several months away from trial. Medford attorney Bob Robertson recently filed an amended complaint alleging Jackson County committed fraud and racketeering when it promised � but didn�t grant � a permit to haul rock off the mine property. Jackson County�s attorney plans to file a motion asking the court to throw out the case�s references to Measure 7, a voter-approved land-use compensation law that is being challenged by the courts. It will be up to U.S. District Judge John Cooney to decide which parts of the lengthy Opp Mine lawsuit to keep. "It�s common to narrow down the issues in a case like this," said Mike Jewett, Jackson County counsel. "The court may throw out part or the whole." Opp Mine owners say they�ve suffered financially because of the county�s denial of a permit that would allow a family-run aggregate business at the historic mine outside Jacksonville. Cooney reminded attorneys who represent the county and the mine that the case should be "decided within these four walls and not in the press." The judge�s ruling helps keep the case in the public eye, said Bob Hunter, editor of the Mail Tribune. Hunter wrote a letter to the court opposing the gag order request. "We see this as public access to public information, and that�s a critical component of our democracy," Hunter said. "If it�s the government of the people, the people ought to be kept in the loop. That�s what we were trying to accomplish." Public officials must expect publicity, said Medford attorney Lewis Dahlin, who represented the Mail Tribune. Cooney allowed Dahlin to speak in opposition to the gag order during the hearing. Dahlin responded to Portland attorney Bob Newell�s complaint of a "steady drumbeat" of newspaper articles about the mining case. Newell is representing Jackson County in this case. "The �steady drumbeat of publicity� goes with the territory of the public body," Dahlin said. The county�s gag order request was narrow and designed not to silence the media, but rather to limit comments from lawyers and participants in the lawsuit, Newell said. In particular, Newell focused on newspaper reports about polygraph tests, reports that he suggested could taint a jury pool. Medford attorney Bob Robertson and mine owner Frank Hardin took and passed polygraph tests and challenged county officials to do the same as a way to determine the truth about a private meeting held March 2000. But county officials refused, saying polygraph tests are not admissible in court. Hardin alleges county officials promised him a mining permit if he would drop his appeal before the state Land Use Board of Appeals. But county officials said they never promised a permit; doing so would have violated state public hearing laws, they said. Cooney said he has never heard of a court case that allowed polygraph tests as evidence. Cooney cautioned attorneys to avoid talking to the media about elements that would not stand up in court. "I like it and admire it when lawyers are dedicated to the case and work hard," Cooney said. "But sometimes, you get so involved in the case, you can�t control yourself as far as remaining detached." Cooney said he is confident an impartial jury could be found if the case reaches trial. Because the federal jury pool is drawn from Jackson, Josephine, Curry, Klamath and Lake counties, it�s possible none of the jurors selected would live in Jackson County, where the Mail Tribune is primarily circulated. In an interview after the hearing, Newell said Jackson County was not trying to close court proceedings or hide information from the public. "What we are interested in is a fair and impartial jury panel," Newell said. "We didn�t want people who had already made up their minds." Reach reporter Melissa Martin at 776-4497, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.