- Sun Feb 24, 2008 5:19 pm
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Sunday, February 24, 2008
Posted on Thu, Feb 21, 2008 Zoom + | Zoom -
Lawyer asks judge to toss gag order in murder case
By Marlene DiGiacomo, mdigiacomo@delcotimes.com
F. Bruce Covington, who police say was in Bill Smithson's home the night of Jason Shephard's murder, is facing drug charges in a separate case.MEDIA COURTHOUSE — A defense attorney for an accused killer facing charges he drugged and strangled a male intern went to court Thursday asking that a gag order be tossed so he can dig for information about another man — who has admitted being in the home that night.
The other man was also recently arrested in a case that bears an “eerie similarity” to the murder, the attorney contends.
Media lawyer G. Guy Smith represents William Smithson, 43, of Thornbury, who is accused in the killing of Jason Shephard, 23, an intern from South Dakota. Shephard was visiting in the county and working for the same firm as Smithson at the time of the Sept 21, 2006, killing.
For the past year, Smith has filed numerous petitions in an effort to question F. Bruce Covington, 57, of Narberth, about his presence in the house that night, as well as his providing drugs, including crystal methamphetamine and gamma hydroxybutyrate, which authorities say were used to drug Shephard.
Covington, 57, a former administrator at Saint Joseph’s University who also holds a law degree, was arrested last week after a 27-year-old man said he was drugged and raped. Crystal meth and suspected gamma hydroxybutyrate were found at Covington’s Narberth home, according to authorities.
He only faces drug charges in that case; no sexual-assault charges have been filed.
“The facts of this new case in Narberth are virtually identical to the facts alleged in the case against William Smithson and identical to the allegations made by William Smithson against F. Bruce Covington regarding the death of Jason Shephard,” wrote Smith in his court petition.
Smith also referred to a police report that the 27-year-old man allegedly victimized by Covington has been hospitalized because of the trauma suffered in the attack.
“A young man is confined to a mental hospital, victimized by this same gag order, which directly allowed F. Bruce Covington to remain outside the law and enabled F. Bruce Covington to brutally assault and rape him,” wrote Smith.
In light of Covington’s arrest, Smith is seeking to have Judge Barry Dozor remove the gag order, which the attorney maintains will help him obtain information about Covington that could aid Smithson’s case.
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Gag orders, which prohibit anybody connected with the case including attorneys from making out-of-court comments, are usually set down to protect a defendant’s rights. However, Smith contends this gag order is hurting his client’s case.
“The defendant has already suffered the loss of many months of investigatory time, trapped by a useless and highly restrictive gag order, which was not even requested by the defense or the commonwealth,” he said in his motion.”
No date has yet been set by Dozor to hear the motion.
“While the gag order is in place, the defendant has no legal recourse available to him right now to force F. Bruce Covington to testify because the district attorney has advised the defendant that the commonwealth will not grant (Covington) immunity (from prosecution in Shephard’s killing) … nor will it file criminal charges against him,” said Smith in his motion.
Smithson is facing the possibility of a death sentence if he is convicted of the most serious charge of first-degree murder. Shephard’s naked body was found wrapped in sheets in Smithson’s Tanguy Road home.
Covington, in a statement to police, admitted being at the house on the night of the killing, but said he was asleep in the basement and heard nothing.
In that same statement, Covington described himself as bisexual and said he was a frequent visitor at Smithson’s home for “sex parties.” He said illegal drugs were “typically present.”
Smith maintains that while the gag order is in effect, “(Smithson) is denied due process because he is not able to actively seek information about F. Bruce Covington from the press or from other persons, which information is vital to (Smithson’s) defense of these charges.”
Smith was unsuccessful in an earlier attempt to have the gag order tossed. At that time, Smith said he wanted to offer a reward and advertise seeking information about Covington.
In his latest petition, Smith charges the gag order has a “chilling effect” on Smithson’s ability to defend himself.
“The potential for harm in removing the gag order is far outweighed by the actual harm presently being done to the defendant by the existence of the order. We now have proof that there is a pattern of repetitive, identical criminal activity on the part of F. Bruce Covington,” stated Smith.
Times Staff Writer Cindy Scharr contributed to his article.
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Posted on Thu, Feb 21, 2008 Zoom + | Zoom -
Lawyer asks judge to toss gag order in murder case
By Marlene DiGiacomo, mdigiacomo@delcotimes.com
F. Bruce Covington, who police say was in Bill Smithson's home the night of Jason Shephard's murder, is facing drug charges in a separate case.MEDIA COURTHOUSE — A defense attorney for an accused killer facing charges he drugged and strangled a male intern went to court Thursday asking that a gag order be tossed so he can dig for information about another man — who has admitted being in the home that night.
The other man was also recently arrested in a case that bears an “eerie similarity” to the murder, the attorney contends.
Media lawyer G. Guy Smith represents William Smithson, 43, of Thornbury, who is accused in the killing of Jason Shephard, 23, an intern from South Dakota. Shephard was visiting in the county and working for the same firm as Smithson at the time of the Sept 21, 2006, killing.
For the past year, Smith has filed numerous petitions in an effort to question F. Bruce Covington, 57, of Narberth, about his presence in the house that night, as well as his providing drugs, including crystal methamphetamine and gamma hydroxybutyrate, which authorities say were used to drug Shephard.
Covington, 57, a former administrator at Saint Joseph’s University who also holds a law degree, was arrested last week after a 27-year-old man said he was drugged and raped. Crystal meth and suspected gamma hydroxybutyrate were found at Covington’s Narberth home, according to authorities.
He only faces drug charges in that case; no sexual-assault charges have been filed.
“The facts of this new case in Narberth are virtually identical to the facts alleged in the case against William Smithson and identical to the allegations made by William Smithson against F. Bruce Covington regarding the death of Jason Shephard,” wrote Smith in his court petition.
Smith also referred to a police report that the 27-year-old man allegedly victimized by Covington has been hospitalized because of the trauma suffered in the attack.
“A young man is confined to a mental hospital, victimized by this same gag order, which directly allowed F. Bruce Covington to remain outside the law and enabled F. Bruce Covington to brutally assault and rape him,” wrote Smith.
In light of Covington’s arrest, Smith is seeking to have Judge Barry Dozor remove the gag order, which the attorney maintains will help him obtain information about Covington that could aid Smithson’s case.
Advertisement
Gag orders, which prohibit anybody connected with the case including attorneys from making out-of-court comments, are usually set down to protect a defendant’s rights. However, Smith contends this gag order is hurting his client’s case.
“The defendant has already suffered the loss of many months of investigatory time, trapped by a useless and highly restrictive gag order, which was not even requested by the defense or the commonwealth,” he said in his motion.”
No date has yet been set by Dozor to hear the motion.
“While the gag order is in place, the defendant has no legal recourse available to him right now to force F. Bruce Covington to testify because the district attorney has advised the defendant that the commonwealth will not grant (Covington) immunity (from prosecution in Shephard’s killing) … nor will it file criminal charges against him,” said Smith in his motion.
Smithson is facing the possibility of a death sentence if he is convicted of the most serious charge of first-degree murder. Shephard’s naked body was found wrapped in sheets in Smithson’s Tanguy Road home.
Covington, in a statement to police, admitted being at the house on the night of the killing, but said he was asleep in the basement and heard nothing.
In that same statement, Covington described himself as bisexual and said he was a frequent visitor at Smithson’s home for “sex parties.” He said illegal drugs were “typically present.”
Smith maintains that while the gag order is in effect, “(Smithson) is denied due process because he is not able to actively seek information about F. Bruce Covington from the press or from other persons, which information is vital to (Smithson’s) defense of these charges.”
Smith was unsuccessful in an earlier attempt to have the gag order tossed. At that time, Smith said he wanted to offer a reward and advertise seeking information about Covington.
In his latest petition, Smith charges the gag order has a “chilling effect” on Smithson’s ability to defend himself.
“The potential for harm in removing the gag order is far outweighed by the actual harm presently being done to the defendant by the existence of the order. We now have proof that there is a pattern of repetitive, identical criminal activity on the part of F. Bruce Covington,” stated Smith.
Times Staff Writer Cindy Scharr contributed to his article.
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