You have reached your limit of free articles this month.

Enjoy unlimited access to

Starting at just 99¢ for 8 weeks.


  • ePAPER

You have read of premium articles.

Get unlimited access to all of our breaking news, in-depth coverage and bonus content- exclusively for subscribers. Starting at just 99¢ for 8 weeks


Welcome to

This subscriber-only site gives you exclusive access to breaking news, in-depth coverage, exclusive interactives and bonus content.

You can read free articles of your choice a month that are only available on

Dalia Dippolito asks appellate court to toss judge’s gag order

Calling it a violation of the first amendment, lawyers for Dalia Dippolito are asking an appellate court to throw out a gag order issued by the judge in what will be her third trial this summer on charges she hired a an undercover officer posing as a hitman in a failed attempt to kill her husband.

Lawyers for Dippolito, the former Boynton Beach newlywed whose case has made international headlines, on Monday asked Florida’s 4th District Court of Appeal to dismiss Palm Beach County Circuit Judge Glenn Kelley’s order restricting out-of-court statements from lawyers on both sides of the case, calling the order overbroad and adding claims that Kelley has not applied the rule evenly.

Earlier this month, Kelley rejected defense attorney Greg Rosenfeld’s request to start criminal contempt proceedings against prosecutors after Rosenfeld argued that they, through Boynton Beach Police, had violated the gag order by keeping up on the Boynton Beach Police YouTube channel of a viral video of Dippolito at what turned out to be a staged crime scene just hours before her 2009 arrest.

Kelley told Rosenfeld at that time that his order applied only to the lawyers in the case, and that Dippolito, her relatives and others could make statements about the case if they wanted.

“The court put Ms. Dippolito in a situation where her only avenue of leveling the playing field involves waiving her constitutional right against self-incrimination, while the State, through its ‘innumerable avenues for the dissemination’ is free to disparage Ms. Dippolito and threaten her right to a fair trial,” Rosenfeld wrote in his motion filed Monday, adding: “The defense attorneys are the only people being muzzled and the only voices being silenced.”

Kelley issued the gag order earlier this year after a request from Assistant State Attorneys Craig Williams and Laura Burkhart Laurie, who also tried to get defense attorney Brian Claypool thrown off the case because of statements he made in press conferences before, during and after Dippolito’s second trial in December.

Although a first jury convicted Dippolito of solicitation to commit first-degree murder in 2011 and a judge sentenced her to 20 years in prison that year, she won a new trial in 2014 after an appellate court overturned the case. Kelley was forced to declare a mistrial in December after a second jury irreparably split 3-3 on whether she was guilty.

Prosecutors said statements from Claypool and Rosenfeld, who among other things accused Palm Beach State Attorney Dave Aronberg of pursing a third trial for political reasons and called it a waste of taxpayer money, could potentially taint a third local pool of prospective jurors in the high-profile case.

But in Rosenfeld’s 40-page request to the appellate court, he revisited arguments that he and Claypool have made since last year, including that Boynton Beach Police officials allegedly manufactured the case against Dippolito to spice up an episode of the television show COPS and that former Dippolito prosecutor Elizabeth Parker’s book on the case added to an unfavorable public perception of Dippolito.

Jury selection for Dippolito’s trial is set to begin June 2.

Reader Comments ...

Next Up in Local

Video shows Delta pilot hit women after Fort Lauderdale-Atlanta flight
Video shows Delta pilot hit women after Fort Lauderdale-Atlanta flight

The latest viral airline video to circulate the web shows a Delta Air Lines pilot apparently smack one woman during a scuffle between two women at an Atlanta airport following a flight from Fort Lauderdale, according to media sources. The video of the April 21 fight was first shared by TMZ on Saturday, and has since made the rounds on social media...
NEW: Man caught on video snatching purse at Royal Palm restaurant
NEW: Man caught on video snatching purse at Royal Palm restaurant

A man is being sought by the Palm Beach County Sheriff’s Office after he allegedly snatched a purse from a victim at a Royal Palm Beach restaurant. Download our PostNOW app to get the latest Breaking News The man was captured on surveillance video running away after taking the purse. He is described as wearing a T-short, shorts, sneakers and...
NEW: Two displaced after mobile home fire in Hobe Sound
NEW: Two displaced after mobile home fire in Hobe Sound

Two people were displaced from their mobile home after it caught fire early Sunday, the American Red Cross reports. The blaze at the home on Southeast Red Bird Circle, just off Southeast Osprey Street between Federal and Dixie highways, was put out Sunday. Volunteers provided the two residents with food, clothing and temporary lodging, Red Cross reports...
Couple takes Alzheimer’s curves as they come
Couple takes Alzheimer’s curves as they come

HIGHLAND PARK, Ill. — Cheryl Levin-Folio can’t anticipate every new milestone of memory loss as she and her husband, Michael Folio, navigate his Alzheimer’s disease. Sometimes quick thinking comes in handy, as it did when Michael forgot one day to take off his clothes before stepping into the shower. Rather than correct her husband...
Take care of your savings by taking care of your brain
Take care of your savings by taking care of your brain

Grab a bowl of berries and walk up a steep hill. Now you’re ready to learn three other ways to save your retirement fund. Confused? The advice is simplistic and ignores the devastating financial toll dementia-related expenses often add to a person’s struggle with the disease, but if there are some low-cost and relatively easy ways to delay...
More Stories