According to Birkett, Donahue's questionable responses came in a discussion of the decision-making process in seeking the death penalty and of the possibility of being offered a sentence of natural life in exchange for a guilty plea. I can't discuss my feelings about the case, the evidence. After Thursday's hearing, both Donahue and Birkett declined to comment on the discussion in court. We are going to have difficulty in selecting a jury. I have been concerned about statements back and forth.
Attorneys speaking to press and groups make it more difficult.
It is a necessity to use some restraint. There could be a ripple effect in picking a jury. Maybe a large body of jurors would have preconceived ideas. Bakalis granted Birkett's motion to prohibit extrajudicial statements, pursuant to the Illinois Rule of Professional Conduct. In another matter, Birkett asked that Donahue be prohibited from calling a witness who is an expert on depression and how it may lead to insanity.