HARTFORD -- Preserving the integrity of the justice system. It was an appeal of the gag order in the criminal case against Fotis Dulos. The debate over the best vehicle to do that was argued at the state’s highest court Thursday.
Dulos is charged with tampering and obstruction in the disappearance of his estranged wife Jennifer Dulos.
The court did not issue a ruling.
Fotis Dulos defense Norm Pattis issued a warning that if the state doesn’t overturn the gag order, they’ll seek relief from the United States Supreme Court.
Wether the court would agree to take the case is very much in question.
Fotis Dulos is arguing for his free speech right.
"My children’s right to have a father. For the past six months my children and I have not been allowed to see or speak to each other," said Dulos. "Because I cannot tell them. I will tell you guys that I love my children, I miss them every day and I will not stop fighting for our right to be a family."
Inside the courtroom of the state’s highest judicial body, Dulos unleashed his high-powered defense attorney Norm Pattis.
"We have waged war as it were with the material at our disposal," said Pattis. He was there to argue an appeal that the gag order that’s been in place since September should be lifted.
Pattis argued that all gag orders violate the state constitution.
"Under our law there is a categorical ban or bar on gag orders," Pattis said.
Pattis said the gag prohibits him from doing his job of refuting what he considers media disinformation and a prejudiced warrant by the state.
"Look at that second warrant and ask yourself whether you’ve ever seen anything like it," Pattis told the justices.
On the other side, attorney for the state, Robert Scheinblum said the media circus is the reason to uphold the gag order.
"A carnival like atmosphere and one need only look out to Capitol Avenue," Scheinblum said.
Scheinblum cited what he called inappropriate comments made by Pattis.
"They should not have referred to the polygraph results," said Scheinblum.
But the scope of the order was called into question as the state originally only asked for the gag to apply to the attorneys.
"It is true," said Scheinblum. "We did not ask the judge to go that far."
At issue is a phrase you may not have heard -- Voir Doir. It's the ability for attorneys and judges to question potential jurors to find open minded people. Would it be a less restrictive tool the courts can use instead of a gag?
"In certain cases your honor, it may be," said Sheinblum.
One other interesting thing to note. Attorney Pattis said they are taking such an offensive approach to Fotis' defense, that Fotis Dulos may not even object to jurors giving interviews during the trial. The current gag order is in effect until a final verdict.