Carmel gag order won't apply to Turner

Robert Turner

Sandra Chapman/Eyewitness News

Hamilton County - The attorney for a victim in the Carmel High School assault case will not be silenced.

A Hamilton County Judge says he has no legal right to extend a gag order to Robert Turner.

Turner spoke candidly with 13 Investigates about his comments, allegations of professional misconduct, and his future.

"I'm not a party to that order. To suggest that you can't talk about what happened to you because it would prejudice the defendant is ridiculous," said the attorney, upset over his latest court challenge.

The Indianapolis attorney is getting the last word, at least for now, in a case once shrouded in secrecy and vague descriptions.

In June, Turner trumped all talk with a report from State Child Services Investigators substantiating allegations of Criminal Deviate Conduct against 14-year-old client by four Carmel High School basketball players.

That report for the first time revealed what was shown on an in-bus camera that prosecutors said was unclear and grainy.

"The focus of that report as far as I'm concerned is a statement by a police officer who was able to see the video and that police officer is subject to be called as a witness," said Turner, defending his actions. He also says a Child Services investigator helped to redact the report.

That report drew allegations of a professional foul by attorneys representing suspect Robert Kitzinger.

"I have a problem with official comments being made that tended to taint my client's integrity, his honor and his character or the evidence in this case. It seems to me if it's improper on one end, it ought to be improper on the other," Turner told 13 Investigates.

Turner says his statements have been consistently directed toward two entities that he says have overlooked the victims and the public's safety interest in this case. Those entitites: The Hamilton County Prosecutor's Office and Carmel High School.

"I think it's about embarrassing officials. I think they were embarrassed, school officials, prosecutors, et cetera, because things did come out contradictory to what was said," explained the former Indianapolis Police Officer and Public Safety Director.

While the court said Monday it can't silence Turner, who is not a party to the criminal case, there is talk of making a complaint against him to the Supreme Court Disciplinary Commission.

"I would think that if they have a problem with my telling the truth, they would also have a problem with lawyers who lied," said Turner, who says he has no problem with limits being put in place now.

The ordeal has soured Turner's outlook enough for him to consider some self imposed limits no one could have imagined.

"I'm seriously reconsidering whether I want to practice law anymore because this is not what I understood law to be," he said.

The order to limit pre-trial publicity remains for the defendants' attorneys and prosecutors.

Kitzinger's attorneys will be back in court Thursday asking to move his trial out of Hamilton County.

Meanwhile, Turner says he has not take formal action against Carmel Clay Schools. He says he will only make comments in response for his client.