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Judge denies Dippolito attorney's motion, says gag order only applies to trial attorneys

Posted at 7:08 PM, Apr 05, 2017
and last updated 2019-03-26 23:00:49-04

The judge who ordered lawyers involved in the third Dalia Dippolito murder-for-hire trial ruled that the YouTube video of the police sting operation that led to her arrest can stay online. 

Judge Glenn Kelley told attorneys that the gag order applies only to them and he has no authority over videos or posts that are already public. 

State prosecutors had no arguments for Judge Kelley after Dalia Dippolito's defense attorney Greg Rosenfeld presented his case.

"I don't know why we're here, judge," said Craig Williams, state prosecutor. 

Dalia Dippolito is charged with hiring a hit man to murder her husband. Her attorney, Greg Rosenfeld asked the judge to make prosecutors show why they are not in violation of the judge's recent gag order forcing attorneys to remain silent and not make any public comments about the case until a jury is sworn in for Dippolito's third trial. 

Rosenfeld argued a video posted on YouTube by the Boynton Beach Police Department that shows Dippolito being made to believe  her husband is dead is part of the state's case, yet it's still posted online for anyone to see. The judge denied the defense's motion. 

"The video is not an extrajudicial comment by counsel, that's not a violation of my order," said Judge Glenn Kelley. 
The gag order does not apply to Dippolito or her family. Still, defense attorneys say their client is not speaking. They are planning to file an appeal on the gag order. 
"My concerns with going forward deal primarily with Ms. Dippolito having a voice and clearly by speaking out she would be waiving her fifth amendment rights and as her attorney, Mr. Claypool as her attorney, we obviously don't want her to do that," said Rosenfeld. 
Rosenfeld also wants the gag order to include the attorney who is representing Mike Dippolito, Dippolito's ex-husband who is also expected to testify in the trial. Judge Kelley said he would consider the idea of modifying the gag order.