TEXARKANA, Arkansas -- A federal judge questioned the lead prosecutor in a opioid distribution conspiracy case Wednesday about a press conference held earlier this week by law enforcement.
The indictment charging five nurse practitioners and three pharmacists was still under seal when a press conference was held Monday announcing it by Little Rock DEA in De Queen. Law enforcement typically cannot discuss a case under seal in federal court.
Assistant U.S. Attorney Anne Gardner said there was no intention to violate the court's order to seal the case. Gardner said that because it was determined defendants would be summoned to court and not arrested, she believed the indictment was publicly filed once a grand jury in the Western District of Arkansas issued it.
While Gardner accepted full responsibility for the snafu, U.S. Attorney Clay Fowlkes said the case probably should not have been filed under seal and may have been "put in the wrong stack."
"We're looking at the procedure and we're going to make some changes," Fowlkes said, describing the error as inadvertant.
Fowlkes spoke of beginning a policy to require an independent motion in a case if there is a desire to file it under seal.
Criminal cases filed in federal court are often filed under seal and remain so until a defendant is in custody and brought before a judge for an initial appearance.
Fowlkes said media inquiries are traditionally directed to the U.S. Attorney's Office but noted that the DEA agent who led the press conference was mistakenly told the case was not under seal.
Bryant said cases may be filed under seal more often than is necessary. The judge told the lawyers present to represent nurses and pharmacists in court for initial appearances in the conspiracy case that they can file motions if they believe the press conference prejudiced their clients in any way.
None of the defendants' names were released at the press conference, and the indictment was unsealed Wednesday.