| Defense attorney Ernest Skaggs is seeking a 'gag order' for Calhoun prosecutor Rocky Holmes and other officials, after Holmes made numerous statements on state-wide TV at a Charleston news conference about the Ashley Kreh case (February 23), one day after Kreh was charged with the death of her two-month-old infant.
The hearing regarding the "motion to regulate publicity" is called for 2 p.m. Thursday in Calhoun Circuit Court.
Skaggs contends Holmes violated several West Virginia Rules of Professional Conduct, saying his statements have prejudiced the case.
Skaggs said that Holmes told TV media, "He would prove that the defendant (Kreh) intentionally tortured the baby to death."
Citing conduct rules, Skaggs claims Holmes committed a number of violations, and will present a DVD of his TV statements to the court.
Skaggs says that Holmes failed to appear at a scheduled magistrate court hearing on a case he was defending, Holmes said he could not appear because of the illness of his son, but then went to the WV State Police headquarters in South Charleston for the media presentation.
The defense attorney further contends Holmes gave a TV interview on March 22 with Fox News, making statements about the case that he says are conduct violations.
He further complains that Holmes openly discussed the case in Grantsville's Foodland store while campaigning.
Skaggs says, "For Rocky Holmes...to conduct a statewide news conference is nothing more than a political stunt to get free publicity for his upcoming election," indicating Holmes' statements have been made to "milk these cases..."
"These acts are equivalent to standing on the grave of a recently deceased child to hand out his political literature," Skaggs concluded.
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