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Judge OK's drug defendant's Web site seeking witness information

MONTGOMERY, Ala. (AP) — A federal judge has ruled that a defendant in a federal drug case may post a Web site seeking information on potential witnesses, whose pictures are displayed under a "WANTED" banner.

U.S. District Judge Myron Thompson said the free speech and fair trial rights of the defendant, Leon Carmichael, outweigh the government's concern that the Web site poses a threat to its witnesses in the upcoming trial.

Thompson said he "concludes that, while the Web site certainly imposes discomfort on some individuals, it is not a serious threat sufficient to warrant a prior restraint on Carmichael 's speech or an imposition on his constitutional right to investigate his case."

Carmichael, a Montgomery businessman who owns the Carmichael Center , an entertainment venue, is scheduled for trial in September on federal charges of trafficking marijuana and money laundering.

The Web site, www.carmichaelcase.com, is designed to resemble a wanted poster, and prosecutors said it amounts to a threat to witnesses, whose names and photographs are posted on it, some described as "Informant." At a May hearing, the government brought in some of the witnesses, who testified they were living in fear as a result of the internet posting.

Steve Glassroth, Carmichael 's attorney, said the sole intent of the site was to gather evidence for the trial.

"It's a tremendous victory for Mr. Carmichael. It really vindicates his efforts to get information on his case," Glassroth told the Montgomery Advertiser, which reported on Tuesday's ruling. He said the site has produced calls to his office from "time to time," he said.

"We respect the authority of the court to rule on this matter and will now focus on preparing for trial," U.S. Attorney Leura G. Canary said in a statement Wednesday. "No further comment is appropiate at this time."

Thompson, in a 108-page order, said other Web sites might be found impermissible and that "a few differences in Carmichael 's site could have changed the court's calculus" and required it to be pulled.

In its current form, he said, Carmichael 's Web site is similar to "time-tested investigative techniques," such as going door to door with a photograph to get information on a witness. He also noted that "the use of a Web site would be particularly useful for a defendant with few resources."
 
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