No gag order to be imposed in fire cases

A judge on Thursday refused to impose a gag order that would have limited discussion and the disclosure of documents in lawsuits surrounding the 2007 Sofa Super Store blaze that killed nine Charleston firefighters.

Circuit Judge R. Markley Dennis said sufficient safeguards already exist to protect the sanctity of the cases, and he saw no need to impose additional restrictions. For example, the rules of professional conduct for attorneys already govern the appropriate extent of their comments in cases, he said.

"I don't think we need anything else," Dennis said. "I don't think I need to tell people 'You can say so and so.' "

The request for a gag order followed a radio appearance on WTMA-AM this month by Charleston attorney Andy Savage, who was hired by store owner Herb Goldstein to advise him in the criminal investigation into the fire. During the interview, Savage read from a firefighter's deposition in the civil case and pointed to myriad problems with the city's fire response on June 18, 2007.

Kevin Dean, an attorney representing some of the firefighters' families in a suit against the store and its owners, responded by filing a motion asking the court to stop the spread of depositions to those not serving as lawyers in the civil case. He also sought to prohibit lawyers outside the case, such as Savage, from commenting publicly about it.

Dean said he wasn't seeking a gag order so much as a judicial ruling that would set boundaries on the lawyers' conduct and the release of information.

Goldstein's attorneys opposed the motion, as did John Kerr, attorney for The Post and Courier. They said they clearly saw the motion as a gag order.

Dean and Sandy Senn, an attorney for the city of Charleston, said they were troubled that Savage went on the airwaves promoting Goldstein's side in the cases when opposing attorneys are unable to properly contest those assertions. That's because they've been blocked from taking testimony from the Sofa Super Store owners in depositions, they said.

Dean and Senn said they were pleased that Dennis also ruled Thursday that attorneys could begin taking depositions from the store's owners in July, when the deadline for filing new lawsuits in the case will have expired. The last major study of the fire is expected to be completed by then as well. Solicitor Scarlett Wilson has been waiting for that study to determine whether criminal charges are warranted in connection with the fire.

Goldstein's attorneys have advised him against providing testimony in the civil lawsuits until the question of possible criminal charges is settled.

Savage did not attend the hearing on the gag order. He maintains he offered nothing during the interview that hadn't already been said, and that his comments were supported by the voluminous report on the fire prepared by the city's own experts. Furthermore, Savage said Thursday, he felt he had a duty to respond to attempts by Mayor Joe Riley and city attorneys to lay blame for the deadly fire at Goldstein's doorstep.

While the gag-order issue was quickly settled, other matters surrounding the civil and criminal cases remain in flux. The state Court of Appeals wants to hear arguments as to whether the city of Charleston should be added as a defendant in the civil lawsuits. On the criminal side, some relatives of the fallen firefighters are scheduled to meet with State Law Enforcement Division investigators today to discuss reopening the fire investigation to consider whether fire commanders' actions that night constitute criminal negligence.

Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com.