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Sunday, March 26, 2000

Lawyer in Lewis case seeks to keep evidence a secret

Co-defendant's attorney wants to insure prosecutors do not circumvent gag order

Associated Press

BALTIMORE - A lawyer for one of Ray Lewis' co-defendants has moved to keep secret evidence that prosecutors turned over to attorneys for the three.
   Prosecutors turned over boxes of evidence compiled against the three men on Friday. They wanted to file it with the court, which would likely make it public, The (Baltimore) Sun reported Saturday. Attorneys representing Joseph Sweeting of Miami, a co-defendant, asked that it be kept secret.
   Lewis, a Baltimore Ravens linebacker, faces murder and assault charges in the deaths of Jacinth Baker, 21, and Richard Lollar, 24. Both men were fatally stabbed outside an Atlanta nightclub after the Super Bowl.
   Two of Lewis' companions that night, Reginald Oakley, 31, and Sweeting, 34, also face murder and assault charges.
   Lewis' attorneys filed motions earlier this month, asking that the state be required to turn over evidence it uncovers. By doing so, Lewis' team must turn over its evidence to prosecutors.
   "It was our intention as is the normal procedure to file it with the court clerk," said Erik Friedly, a spokesman for the Fulton County District Attorney's office.
   Last month, Fulton County Superior Court Judge Alice Bonner issued a gag order, preventing all parties from disclosing evidence or publicly discussing the case.
   She was expected to decide on the evidence Monday.
   John Bergendahl, a Miami-based lawyer for Sweeting, said, "The gist of the motion is asking for reassurances that the state would not do indirectly what they can't do directly."
   By filing the material in court, prosecutors could publicize it without technically violating the gag order.
   Defense attorneys have 10 days from receipt of the evidence Friday to turn it over to the prosecution.
   Any new evidence discovered by either side between now and when the trial is scheduled to start May 15 will have to be shared.
  





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