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The Honolulu Advertiser
Posted on: Thursday, July 26, 2007

Gag order sought over starved Honolulu girl

 •  Relatives aren't required to report abuse
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By Peter Boylan
Advertiser Staff Writer

The lawyers representing the mother and father accused of starving their daughter want to stop any additional details of the case from being released.

Denise M. and Melvin Wright Jr. were indicted July 3 on charges of attempted second-degree murder after authorities, called to the family's apartment by one of the parents, found the daughter weighed less than 50 pounds. A typical 12-year-old girl weighs 80 to 85 pounds.

Lawyers for the Wrights said that with all the media attention given the case, it will be difficult to find objective jurors.

"With that kind of stuff going on, I'm not sure we're ever going to get a fair and impartial jury pool," said Lane Y. Takahashi, Melvin Wright's attorney. "Do you know how much press this thing has gotten?"

The lawyers also asked for a gag order for the city prosecutor's office and anyone else associated with the case. A hearing on the motion is set for Wednesday before Judge Patrick W. Border.

A Honolulu media attorney said requests of this nature, which are rarely granted, conflict with the need to keep the proceedings public.

Deputy public defender Debra K. Loy filed the motion after deputy city prosecutor Maurice M. Arrisgado made "statements to the press, which have produced a substantial likelihood of materially prejudicing the proceedings."

Loy included a copy of Arrisgado's statements in an article published in The Advertiser July 13 in support of her motion.

Arrisgado said the case is the "most heinous, egregious disregard of human life by anybody, parents or otherwise, and there is no explanation why this child was lost for so long."

Arrisgado made the comments to reporters outside of court following the Wrights' arraignment July 12.

Loy did not return two telephone messages seeking comment. The city prosecutor's office is preparing to file a response to the motion and declined comment prior to the Wednesday hearing.

The Wrights' attorneys also are asking the court to seal all pretrial bail reports, declarations of counsel and any document containing "factual references" to the case.

Jeffrey S. Portnoy, a Honolulu attorney who specializes in defending the media's First Amendment rights, said requests to seal files and issue gag orders are "routine" but "rarely" granted in Hawai'i.

The request is constitutional, Portnoy said, as long as the gag order doesn't extend to the media.

"It's a terrible tragedy but (it's) a ... criminal case that has generated a lot of public interest and all the more reason for the proceedings to be open to the public," said Portnoy, a partner in the firm of Cades Schutte.

The Wrights pleaded not guilty to the charges, and a trial is set for Sept. 10. Child Welfare Services has had foster custody of the child since January.

Takahashi was the court-appointed attorney who represented Melvin Wright in a 2000 case, when he and his wife were arrested on a charge of second-degree endangerment to the welfare of a minor.

In that case, neighbors called police and told them the girl — then 5 years old — was locked in a room for 12 hours a day without food, water and bathroom access.

The girl was taken into emergency foster custody by the state on Jan. 23, 2000 and returned to her parents Feb. 23, 2000.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.