what does the judge need to weigh now? in releasing those documents to a local television statement, the "associated press" knowing the nation watched from the moment we got news of this shooting to the very moment and the aftermath afterwards the burial of the victims and even the aftermath with the flag controversy. >> there are a couple of things at issue. one is whether the prosecution, the defense attorneys should be gagged, shouldn't be allowed to talk about the case out of order. that should be done. gag orders lead to better lawyering and better judging -- >> what would the arguments be for there not to be a gag order? >> with regard to the prosecution disclosing things that might be in documents that are previously sealed maybe statements made by the defendant, information, witnesses not previously disclosed, defense counsel -- it's much better to keep it in the courtroom when it can be done. secondly with regard to the first amendment right, the media wants all the police reports, the information in the case. i don't think that should be disclosed either. you've got the pedigree

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