CASTLE ROCK, Colo. - A judge refused Thursday to impose a gag order in the case of a man accused of dragging his girlfriend to death behind a vehicle, despite defense claims that heavy publicity could prevent a fair trial.
District Judge Paul King ordered court and police officials to abide by conduct rules regarding publicity, but said no additional guidelines were required.
Mexican immigrant Jose Luis Rubi-Nava, 36, is charged with murder and kidnapping in the slaying of Luz Marie Franco Fierros, 49. Her battered and disfigured body was found Sept. 18 about 20 miles south of Denver.
In seeking the news blackout, defense attorney Tamara Brady cited a Sept. 21 House speech by Republican Rep. Tom Tancredo, who mentioned the case when describing the U.S. border as porous. The speech was broadcast on the cable network C-SPAN.
Investigators said Franco Fierros was dragged behind a vehicle for more than a mile, leaving a bloody trail. Preliminary autopsy results said she died of asphyxiation and head injuries from being strangled as she was dragged.
Prosecutor Darren Vahle said the county sheriff's office would only comment through a spokeswoman and with the approval of the district attorney's office.
Rubi-Nava listened to the proceedings through an interpreter but did not speak during the hearing. The murder charge carries a sentence of death or life in prison, thought prosecutors have not said what sentence they will seek.
He was being held without bail. His next court appearance is Nov. 1
Gag Order Denied in Dragging-Death TrialCASTLE ROCK, Colo. - A judge refused Thursday to impose a gag order in the case of a man accused of dragging his girlfriend to death behind a vehicle, despite defense claims that heavy publicity could prevent a fair trial.
District Judge Paul King ordered court and police officials to abide by conduct rules regarding publicity, but said no additional guidelines were required.
Mexican immigrant Jose Luis Rubi-Nava, 36, is charged with murder and kidnapping in the slaying of Luz Marie Franco Fierros, 49. Her battered and disfigured body was found Sept. 18 about 20 miles south of Denver.
In seeking the news blackout, defense attorney Tamara Brady cited a Sept. 21 House speech by Republican Rep. Tom Tancredo, who mentioned the case when describing the U.S. border as porous. The speech was broadcast on the cable network C-SPAN.
Investigators said Franco Fierros was dragged behind a vehicle for more than a mile, leaving a bloody trail. Preliminary autopsy results said she died of asphyxiation and head injuries from being strangled as she was dragged.
Prosecutor Darren Vahle said the county sheriff's office would only comment through a spokeswoman and with the approval of the district attorney's office.
Rubi-Nava listened to the proceedings through an interpreter but did not speak during the hearing. The murder charge carries a sentence of death or life in prison, thought prosecutors have not said what sentence they will seek.
He was being held without bail. His next court appearance is Nov. 1
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