A judge's gag order has stopped a defendant from posting details of his case online.
But it hasn't stopped Ferdinand Augello from posting to his Facebook page via an unconfirmed intermediary as he sits in the Atlantic County Justice Facility awaiting trial in the killing of April Kauffman and his alleged involvement in an Oxycontin ring.
"I can't even describe the back and forth I am having in choosing my very words in fear of legal retaliation and the helplessness that that feeling incurs," Augello said in the post, which is part of a campaign he has dubbed "Free Freddy." "The only analogy that comes to mind is what persons living in totalitarian regimes must feel like when they are afraid to express themselves knowing they may be imprisoned or worse."
Superior Court Judge Bernard DeLury was calm but noticeably frustrated as he granted the order Monday after what he categorized as attempts by the Atlantic County Prosecutor's Office and Augello to play out the case in public.
DeLury did not say Augello couldn't have statuses posted, just that they couldn't be comments or details about his case.
While it was a motion by the state that led to the gag order, DeLury noted that the Prosecutor's Office has been very vocal about the case in the media, including cooperating with a "20/20" special on the case and alerting other media to it via press release and social media postings.
Augello's defense pointed to the special as well in
arguing against the gag order Monday.
"In this case, the State has not shied away from news publications, going so far as to promote a national televised episode of
20/20, defense attorney Mary Linehan and Drexel law student David Castaldi wrote in the brief. "The episode even featured excerpts of the Kauffman letter which was available to the news outlet prior to this court's (private, in judge's chambers) review of the document. Further, the State's request for a gag order in this case has brought additional attention to Mr. Augello's case."
Augello's latest post indicated he worked hard to avoid writing anything that would go against the judge's order.
"However I will not give up my First Admendment right to free speech outside the boundaries and perimeters designed by the Authority of the State of New Jersey that have been designated by Judge DeLury in my case," he wrote. "In my entire 62 years as a free born citizen of the United States of America I have never felt the kind of uneasy and uncomfortable feeling that I do now expressing or defending myself in any venue while conglomerate media sources operate freely as my adversary.
https://www.facebook.com/FreddyAugello/posts/1974557569241193
When asked about Augello's latest posting, Linehan said she had no comment.
In an email Augello sent to BreakingAC about the posting, he said: "I just put this on my site and I feel as an American citizen, I have the right to speak."
Several co-defendants in the racketeering case concerning the alleged drug ring Augello and Dr. James Kauffman were charged with leading are set to appear in court Wednesday.
