Attorneys for Dallas Cowboys defensive lineman Josh Brent say they plan on filing a motion Wednesday asking the judge to limit Dallas District Attorney Craig Watkins' public comments on the case to what is "ethically permissible."
The motion will come in the wake of Watkins going on a local Dallas radio station last week to discuss the case against Brent.
George R. Milner and Kevin Brooks, attorneys for Brent, would not call it a gag order, but said they want the DA to follow the rules of "professional conduct."
Brent, 25, has been charged with intoxication manslaughter in connection with a car accident in December that killed Cowboys teammate and friend Jerry Brown. Authorities have said that Brent's blood alcohol level was well above the legal limit. He was released on $100,000 bond pending his trial later this year, but is in jail now pending a hearing on July 19 for allegedly using marijuana in violation of the terms of his bond.
Milner spoke to the media on Tuesday afternoon and wasn't happy with some of what Watkins said in an interview with 105.3 "The Fan" in Dallas on Friday.
"We're concerned about a number of statements that he said in there," Milner said. "They were inflammatory. As he knows, as does every lawyer, there are rules about what you can say in terms about pretrial publicity, particularly in a case that's getting the type of media attention that we're getting here."
In the document to be filed on Wednesday (copies were made available to those at the news conference by Milner), the attorneys noted that Watkins said on the air: "He [Brent] hasn't been found guilty, yet. But when he is, obviously the judge will order a psychological evaluation."
"That's as blatant a violation of this rule as you can have," Milner said.
The motion also said that Watkins said Brent is continuing to use alcohol, though in the motion the defense notes that Brent has not consumed alcohol since being placed on the SCRAM in December 2012. It also states that the accusation by Watkins that the loss of Brown's life was due to drugs and alcohol is false "because there has been no accusation Mr. Brent was under the influence of drugs at the time of the crash."
Brooks said he felt Watkins' statements were "inflammatory against [Brent's] character and his presumption of innocence."