D.A. SEEKS RAMPART GAG.

Byline: Beth Barrett Staff Writer

Los Angeles County District Attorney Gil Garcetti's office wants to silence the parties in the first Rampart Division criminal trial, a move defense attorneys said Tuesday is intended to shield Garcetti from having to justify his handling of the scandal during a tough re-election campaign.

Garcetti's spokeswoman Victoria Pipkin called the accusations of political motivation behind the gag order attempt ``absolutely false.'' She declined to discuss the motion further.

Deputy District Attorney Laura Laesecke's motion to be heard in Superior Court today says the defense lawyers have continued to make comments outside the courtroom, jeopardizing a fair trial.

Attorneys for Sgt. Edward Ortiz, Sgt. Brian Liddy and Officer Paul Harper oppose a gag order and say prosecutors leaked so much information to the media that the accused officers are starting at a disadvantage and have a right to continue to assert their innocence.

The three officers pleaded not guilty in April.

``It would be unconstitutional to gag the defendants in this case,'' attorney Barry Levin said in court papers filed Tuesday. ``Issuing a gag order under these circumstances impermissibly rewards the prosecution for their own unethical conduct.''

Levin, who represents Ortiz, said in an interview it is unusual for prosecutors to ask for gag orders, and he linked it to Garcetti trailing challenger Deputy District Attorney Steve Cooley in recent polls.

``The reason Gil Garcetti trails challenger Steve Cooley 55 percent to 18 percent is due to `voter anger' over his handling of this case,'' Levin's court papers say. ``It is no wonder the district attorney wants a `gag' order.'

``Clearly the Rampart situation is a major, major issue in the district attorney's race. By doing it here, it allows this district attorney to take the position he's not allowed to comment on Rampart.''

Pipkin, Garcetti's spokeswoman, said the district attorney's brief is sound and speaks for itself. It asserts the defense lawyers' statements to the media pose a substantial likelihood of prejudicing a fair and impartial trial.

Cooley, who narrowly outpolled Garcetti in the primary election and has hammered on the incumbent's handling of Rampart ever since, criticized the gag order motion.

``It's an affront to the freedom of the press in terms of covering a highly significant story that goes to the heart of the criminal justice system,'' Cooley said.

As a prosecutor, Cooley said he would abide by any court order, even as he said it could hurt his campaign by taking away its central issue.

``It's very offensive,'' he said. ``Rampart could no longer be an issue in the campaign, and I consider it to be the issue in this campaign.''

The four-count felony complaint says the cops engaged in a criminal conspiracy to file a false police report and to commit perjury to send a gang member to prison in 1996. Ortiz and Liddy also were charged with filing a false police report, and Harper was charged with perjury.