Corpun file 16347

Galveston County Daily News, Texas, 14 July 2005

Judge denies gag order in paddling case

By Scott E. Williams

(extract)

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 public.”

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 the courthouse.

[...]

Copyright © 2005 The Galveston County Daily News

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 violence.

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 punishment.

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 lasting marks.

O'REILLY: OK. Now Reverend, you are giving Mr. Klein moral support?

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 the case.

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 much.

(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.

(COMMERCIAL BREAK)

Content and Programming Copyright 2005 Fox News Network, Inc. ALL RIGHTS RESERVED. Transcription Copyright 2005 Federal Document Clearing House, Inc., which takes sole responsibility for the accuracy of the transcription. ALL RIGHTS RESERVED.