anti-gang injunction

Weber attorneys defend Trece gang injunction at Utah Supreme Court

SALT LAKE CITY — Attorneys argued before the Utah Supreme Court today over the constitutional validity of Weber County's injunction against the notorious Trece gang in Ogden.

Questions to the justices today hinged entirely on whether the gang was properly served with the injunction. During the 45-minute session, attorney’s questions boiled down to why the gang’s leadership was not identified. Weber County Attorney Dee Smith said the gang members hide the identity of the leadership, but that shouldn’t preclude the injunction from curbing their behavior.

Dee Smith

Attorneys offer differing views of Trece injunction in closing arguments

OGDEN — The Ogden Trece injunction either preserves the American way of life or eats away at its foundations, lawyers said as the trial of the experimental crime-fighting tool closed Thursday.

“There is no First Amendment protection provided for groups whose sole purpose is criminal activity,” Weber County Attorney Dee Smith said in closing arguments.

An approach in common use in California but not in other states, the injunction is the first attempted in Utah. It bans Ogden Trece gang members from associating with each other in public, being in the vicinity of guns, drugs and alcohol, and from being out past 11 p.m.

Judge rejects Trece attorney motions

OGDEN -- Lawyers for Trece gang members got off to a rocky start today at the trial of the anti-gang Injunction, succeeding only in angering the judge with last-minute motions.

"That's a joke, I'm almost offended by that," 2nd District Judge Ernie Jones said in responding to attorney Mike Boyle arguments for naming Weber County Attorney Dee Smith as a witness in the case. Doing so would have effectively removed Smith from prosecuting the trial.

Jones denied the motion and was sharply critical of another motion Boyle filed this morning which claimed the injunction could be voided because Smith may not have been the duly appointed county attorney when he filed the injunction.

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