Corpun file 16347
Galveston County Daily News, Texas, 14 July 2005
Judge denies gag order in paddling case
By Scott E. Williams
DICKINSON — A judge Wednesday morning denied a defense
attorney’s motion to muzzle the media in the trial of a
woman charged in the beating of her son, 11.
The hearing was in the 122nd State District Court, where Judge
John Ellisor ruled against a gag order. Lawyer G. Byron Fulk had
sought the measure.
Prosecutor Bill Reed said much of Fulk’s “motion to
restrict publicity” was overbroad and unconstitutional.
Judge Ellisor agreed. During his ruling, he cited a passage in
the state’s Code of Criminal Procedure. The passage
asserted, “Criminal proceedings and trials shall be
Fulk represents Dara Michelle Wilson, 32, who faces a charge of
injury to a child. Officials at Silbernagel Elementary School
called Child Protective Services in April after the boy went to
the nurse’s office. He had been having difficulty walking.
After seeing the extent of the child’s bruising on his lower
back and buttocks, agency investigators called the police.
Fulk called The Daily News’ coverage of the case “fair
and accurate.” However, he told the judge his main concern
was that television news accounts would taint the jury pool. The
attorney said side-by-side images in media accounts of his client
and her husband, 38-year-old Charles Ray Wilson, gave viewers the
impression they were equally culpable.
Charles Wilson has admitted paddling the boy, but his attorneys
have said the paddling was discipline, not abuse.
Fulk also said televised images of the paddle Charles Wilson used
would prejudice potential jurors. The paddle, which appeared to
have been carved from a 2-by-6 wooden plank, had been an exhibit
in two pretrial hearings in April and May.
Fulk’s motion called for news photographers to be barred
from capturing images of anyone associated with the case while in
Copyright © 2005 The Galveston County Daily
Corpun file 16706
The O'Reilly Factor (Fox News Network), 15 July 2005
Father Acquitted for Spanking Son
John Gibson, Bill O'Reilly
GIBSON: And in the second "Factor Flashback"
segment, 39-year-old Jason Klein discovered that his 13-year-old
son had stolen some alcohol, drank it with six other underage
kids. Mr. Klein then used a paddle to spank his son.
Klein was arrested and charged with first-degree domestic
The case went to a jury. Jason Klein was acquitted.
Bill recently spoke with Mr. Klein and his pastor.
(BEGIN VIDEOTAPE) O'REILLY: What exactly did you do to Storm?
JASON KLEIN, FATHER: After I found out he was drinking and
supplied it to the minors, I talked to him a little bit about
what I was going to do and decided that I was going to spank his
butt. And I gave him four swats on the bottom with the paddle.
O'REILLY: Now, had you hit him before with a paddle?
KLEIN: Yes. I've used that discipline method before.
O'REILLY: How many times?
KLEIN: I'm sorry?
O'REILLY: How many times?
KLEIN: Well, he's 13 years old, and I don't know how many times.
But that's not the only method of discipline that I've used.
O'REILLY: All right.
KLEIN: But I'm not...
O'REILLY: You used the paddle. And he's a big boy. He's a
wrestler, right, high school wrestler? He's a big guy.
KLEIN: My son is -- my son's 6'3", 190, 195 pounds.
O'REILLY: All right. Because if you hit him with your hand, it
wouldn't matter. But I'm not advocating any kind of corporal
I want everybody to know that.
So you used a paddle on him. You discussed it with him. Now what
did he say when you told him? A guy that big could say, "No,
Dad, I'm not going to let you do that." You know that. What
did he say when you said you would paddle him?
KLEIN: That he was sorry. Yes. That's true. And that's one of the
reasons that I do need to keep the upper hand with my son,
because he is a large child that, if unchecked, he really didn't
have to bend over. It would have been a struggle to spank him.
O'REILLY: OK. But you know bruises, you know, that's taking it a
little far. If he had visible bruises and the school coach saw
them. Do you think you might have went over the line here?
KLEIN: You know what? I don't necessarily think I went over the
line. My intention was not to leave marks on his butt, but it
ended up being some. But that was not my intention, to leave
O'REILLY: OK. Now Reverend, you are giving Mr. Klein moral
Is that why you're here?
REV. RUSS HYLTON, JASON KLEIN'S PASTOR AND FRIEND: Yes. That's
correct. I believe that the scriptures teach corporal punishment.
O'REILLY: OK. Now, Mr. Klein, is it "spare the rod and spoil
the child" in your point of view here?
KLEIN: Yes. I agree with that. I think there's a biblical truth
there. But I also believe before -- I'm a newly -- or I guess a
new Christian. And in my upbringing, I was spanked. That was a
method of discipline, and it's something I had done before I
became a Christian.
O'REILLY: Were you surprised that you were charged and brought in
front of a jury? And the jury found you not guilty, by the way,
because they found out, they decided that you didn't -- that you
didn't act violently, that this was just a punishment that you
felt you were entitled to as a parent. But were you surprised you
had to go through the whole process?
KLEIN: Absolutely I was surprised. The thing that really
surprised me was that the Children Services Department was
involved with it before -- before I had any criminal charges, and
they dropped the case. They interviewed me. I have five -- six
children. They interviewed every one of my children and dropped
And then months later, I found out I had an arrest warrant for me
for domestic violence.
O'REILLY: All right.
KLEIN: That's what really surprised me.
O'REILLY: Well, we hope none of this happens again. We hope Storm
behaves and you don't have to do it again. Gentlemen, thanks very
(END VIDEOTAPE) GIBSON: In a moment, a discovery off the coast of
Aruba causes panic in the search for Natalee Holloway. We'll tell
you what we know, coming up.
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