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	Self-imposed Gag Order in Priest's Case By Virginia Hennessey Monterey Herald April 28, 2009 http://www.montereyherald.com/local/ci_12243862?nclick_check=1 Attorneys in the case of a Salinas priest accused of sodomy involving a minor have effectively imposed their own gag order, agreeing not to talk further about the facts of the case. The informal decision between prosecutor Rolando Mazariegos and defense attorneys Miguel and J. Hernandez obviated the need for a decision by Judge Russell Scott, who had taken under submission the defense's request for a gag order Friday. Miguel Hernandez said the attorneys discussed the matter minutes after Friday's hearing, but Scott said he wanted to think about it over the weekend before he agreed to drop the matter from the court calendar. While there are no legal consequences should either party violate the agreement, Hernandez said the judge had promised he would "take us to task" if they did. Hernandez had objected to Mazariegos' release of "salacious" details in the case of the Rev. Antonio Cortes, 41. Mazariegos objected to a formal gag order, arguing that information he'd released was contained in public court records. Cortes, the now-suspended pastor of St. Mary of the Nativity Catholic Church in Salinas, is charged with felony sodomy with a 16-year-old boy, two felony counts of possession of graphic child pornography and 12 misdemeanor counts including child molestation, furnishing alcohol to a minor, child cruelty and performing an immoral act before a child. He remains in Monterey County Jail in lieu of $750,000 bail. The District Attorney's Office had already muzzled Mazariegos last week, requiring that all future media inquiries go through Assistant District Attorney Stephanie Hulsey. Hulsey said Monday her future comments will be limited to the status of the case's progression through the courts and that evidence will not be discussed. "What there is is an agreement for both of the parties not to discuss the facts of the case," she said, "and that's consistent with what our practice is in any case, actually." Nearly all of what Mazariegos had previously discussed with the media was information contained in the court file. According to a probable-cause affidavit and search warrant filed with the court: · Authorities were called to the boy's high school in Salinas on April 15 after he told an official there he'd been molested by "Father Antonio." The teen said he'd been receiving "spiritual massages" from the priest for about three years, culminating in a sexual assault April 14. · Among the items seized during a search of the parish rectory were two condoms in Cortes' wallet and several pairs of his boxers, which will be tested for the alleged victim's DNA. Police also took a number of computers, hard drives and cell phones. · Police had the boy place two recorded telephone calls to Cortes. Mazariegos said the priest made damning admissions during the calls. · Police interviewed the alleged victim's brother. · Police took DNA samples from Cortes. A Salinas police news release said an electronic search of Cortes' hard drives turned up numerous child pornography videos. Mazariegos filed an amended complaint in connection with those videos Friday. Hulsey declined to discuss the ongoing investigation Monday but said no additional amended complaint was pending. Cortes has seen tremendous support from members of his East Salinas church, where he has served as pastor since June 2007. More than 100 gathered for a vigil the Sunday after his arrest; dozens of others returned in the following days. His court hearings have been packed with parishioners who say he has been a positive influence on the area's youths, encouraging them to stay out of gangs. Prior to his time at St. Marys, Cortes, a native of Mexico, served as pastor of Holy Trinity Church in Greenfield, associate pastor at St. Theodores Catholic Church in Gonzales and associate pastor of Sacred Heart Church in Salinas. Cortes is next scheduled to be in court Wednesday, when Hernandez and Mazariegos will indicate if they are ready to proceed to a preliminary hearing Friday. Cortes has a right to that hearing — at which Judge Scott will determine if there is sufficient evidence to hold the priest for trial — within 10 days of his April 22 arraignment. Hernandez said he expects to go forward with that hearing. Virginia Hennessey can be reached at 753-6751 or vhennessey@montereyherald.com
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