A gag order requested by the Wisconsin Attorney General's office to prevent brothers David and Brian Eliason, and their attorneys, from talking to the press about allegations of fraud in connection with sale of investment contract securities was denied after a two hour hearing yesterday in Vilas County court before substitute Judge Leon Stenz of Forest County.
The Eliasons face ten felony counts each and made their initial appearance. A preliminary hearing will come after a hearing on defense attorney Steven Kravit's request to test the constitutionality of the specific statute under which Eliasons are charged. That hearing will be August 4 and if the court rules for the defense, “the states case goes away” according to Kravit.
A challenge to the gag motion by assistant attorney general Amber Hahn was also filed by attorney Steven Mandell representing nine media groups. Mandell told the court the nine are a remarkable mix of media types that have come together on this important issue. “The public loses with a gag order on both parties,” Mandell said. “The right to gather news is set in court records and this gag order is unnecessary and unsupported by any clear or present danger; the state is skirting over the issue.”
Judge Stenz agreed that he had several options should publicity taint a jury pool but felt the Eliasons could get a fair trail in Vilas County. He released them on $10,000 signature bonds.
