A Personal View Of The
The Internet Subculture
Surrounding the JonBenet Ramsey Murder case
Lawsuits Linda Hoffman-Pugh vs Alex Hunter (Mary Keenan) |
August 4, 2000 Linda Hoffmann-Pugh vs. Alex Hunter (Mary Keenan) Lawsuit claiming that the Colorado law prohibiting her from talking about her statements to the grand jury violates her First Amendment and right to free speech. |
Ramsey Ex-housekeeper Linda Hoffman-Pugh New York Attorney Darney Hoffman |
The Ramsey's former housekeeper, Linda Hoffmann-Pugh testified before the Boulder grand jury in the JonBenet Ramsey case in September 1999, and was required to take an oath of silence. Under Colorado law, Pugh must maintain secrecy until the grand jury issues an indictment or report. The grand jury disbanded in October 15, 1999 with no indictment and no report. Linda Hoffman-Pugh's lawsuit is claiming that the Colorado law prohibiting her from talking about her statements to the grand jury violates her First Amendment right to free speech. Legal Documents Filed: August 4, 2000 Linda Hoffman-Pugh vs Alex Hunter April 16, 2001 Plantiff's Summary Judgment Brief June 1, 2001 Defendant's Response to Summary Judgment June 9, 2001 Plaintiff's reply to Defendant’s Response to Summary Judgment |
Former DA Alex Hunter District Attorney Mary Keenen |
July 5, 2001: Linda Hoffman-Pugh will hold a press conference on the Denver Federal Courthouse steps at 1929 Stout Street. A hearing is scheduled at 2:30 p.m. before Judge Wiley Y. Daniel in Federal court for Darney Hoffman to argue that the Colorado courts' rule keeping grand jury witnesses from revealing their testimony is unconstitutional. VICTORY - July 5, 2001: Linda Hoffman-Pugh challenged a state rule preventing grand-jury witnesses from disclosing the contents of their testimony. U.S. District Judge Wiley Daniel struck down the rule as an unconstitutional infringement on freedom of speech. |
21. "The First Amendment" Posted by New York Lawyer on 02:45:36 8/06/2000 Read the decision of the US Supreme court in Butterworth v. Smith if you want an answer to your question. The Court felt that at some point in a criminal proceeding and investigation, the First Amendment rights of people started to take on greater importance than the rights of an individual criminal defendant or victim. Afterall, this is why criminal trials are subject to press scrutiny, despite the apparent "prejudice" to the defendant that can occur from the resulting publicity. (Remember we live in America, NOT the USSR. The First Amendment is considered more important than the Fourth, Fifth and Sixth combined. The First Amendment affects ALL of us, everyday of our lives, while the 4th, 5th, and 6th only affect the unlucky few who are arrested. There are trade-offs here, and the Supreme Court tends, rightly or wrongly, to "err" on the side of Free Speech.) So, in answer to your question: LHP's "rights" are "greater" than JBR's. If you don't like it, you should seriously think about moving to England, where there are serious restraints on First Amendment rights and the media. The libel laws are so "primitive" (and pro plaintiff)in England, that American courts REFUSE to enforce British libel judgments against American citizens. 3. "Answers" Posted by New York Lawyer on 06:42:46 8/05/2000 Linda has an EXCELLENT chance of succeeding. The US Supreme Court in a case involving a Florida grand jury in 1990 held that it was an unconstitutional infringement on a grand jury witnesses' First Amendment rights to be permanently silenced by a grand jury secrecy law. (Butterworth v. Smith). Naturally, if Linda suceeds, ALL the grand jury witnesses can talk about their testimony. |
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