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	Gag Order Undetermined in Priest Case The Rev. Antonio Cortes Is Arraigned on Two New Charges By Sunita Vijayan Salinas Californian April 25, 2009 http://thecalifornian.com/article/20090425/NEWS01/904250310/1002/NEWS01 A Monterey County Superior Court judge is still considering whether a gag order will be placed on the case involving a Salinas parish priest accused of child molestation and sodomy. On Friday, Judge Russell Scott heard arguments for and against a gag order that would prohibit attorneys and law enforcement agencies from discussing the case with the public, including the media. Defense attorney Miguel Hernandez argued that since the April 16 arrest of his client the Rev. Antonio Cortes of the St. Mary of The Nativity Catholic Church, "tidbits" of information have been released to the media by prosecutor Rolando Mazariegos. "It's been front page news since it began," Hernandez said. "This is not a large metropolitan area - the jury pool will be irreparably tainted." The Salinas Californian has retained the services of the Fresno-based law firm Dietrich, Glasrud, Mallek & Aune. The firm's attorney, Bruce Owdom, argued Friday against the gag order, saying that there is insufficient evidence that Cortes would not get a fair trial because of the information release. "Even the supporters of the defendant would want to know the evidence justifying his arrest," Owdom said. Hernandez said that the request, however, is not to close the court room, which would shut out the proceedings entirely to the public. He said the issue is his client's right to have a fair trial. Mazariegos, county deputy district attorney, also said during the hearing that the District Attorney's Office opposes the gag order. He said the information provided in the past few days is public record, accessible through the case files. Hernandez pointed to Mazariegos' statement to a newspaper that the evidence against the defendant constitutes proof beyond a reasonable doubt. Mazariegos responded that he was explaining the policy of the District Attorney's Office in filing cases. Two new charges Cortes was also arraigned Friday on the two new charges of possession of child pornography, allegations he pleaded not guilty to. The defendant was initially arraigned Wednesday on one felony count of sodomy on a person under the age of 18; 12 misdemeanor counts of providing alcohol to a minor; child cruelty; child molestation; and immoral acts before a child. Cortes was arrested at the church office on April 16. He is being held in county jail on a $750,000 bail. Superior Court Judge Adrienne Grover denied a motion for bail reduction by Cortes' attorneys on Wednesday. United States Immigration and Customs Enforcement officials said Friday that there is not an immigration hold on Cortes, as he is a legal resident. However, if he is convicted of the felonies, he will likely face removal from the country. A preliminary examination has been scheduled for May 1.
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