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Judge sorts evidence between two trials
He gives rulings to protect Gallaher's criminal-trial rights
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Published: December 1, 2009
A judge ordered John K. Gallaher III yesterday to provide information about the shooting deaths of two people to the attorneys who filed a wrongful-death lawsuit against Gallaher and his grandfather in April.
Judge A. Moses Massey of Forsyth Superior Court ruled that Gallaher III, 25, must provide videotaped interviews that Gallaher's brother and grandfather gave to police after Gallaher III was charged with two counts of first-degree murder in the deaths of Sean Gallagher and Lori Fioravanti. Massey entered a protective order that will keep any information that Gallaher provides to the plaintiff's attorneys confidential.
Massey also ruled that Gallaher will not have to provide any statements that he gave Winston-Salem police about the murder charges against him or reveal his medical or mental-health records.
Massey also denied a request that David Gallaher, John III's uncle and guardian, be compelled to provide documents regarding murder charges against his nephew, including medical records and statements that John III gave to police.
Sean Gallagher, 23, of Rural Hall and Fioravanti, 24, of Pfafftown were killed July 15, 2008, at a house on Graylyn Place Lane. John Gallaher Sr. owns the house and was living there with his grandsons, Gallaher III and Alex Gallaher.
Gallagher was shot once in the head. Fioravanti was shot five times, including three times in the head. Prosecutors are seeking the death penalty if Gallaher III is convicted.
Attorneys for Gallagher's wife and Fioravanti's parents filed wrongful-death lawsuits against Gallaher III and his grandfather on April 24. The suits allege that the elder Gallaher was negligent because he knew that his grandson was dangerous and did nothing to control him.
Robert King, the attorney for Sean Gallagher's wife, told Massey that Gallaher Sr. admitted to Winston-Salem police detectives that his grandson had a drinking problem and was depressed before the killings occurred. But in a deposition Gallaher Sr. denied making those statements.
King also said that Alex Gallaher, Gallaher Sr. and Gallaher III talked by phone about hiding the guns in the grandfather's house from police.
David Hall, the assistant district attorney who is prosecuting the criminal case against Gallaher III, told Massey that he didn't object to Gallaher III providing documents about the case to the plaintiff's attorneys, but was concerned about Gallaher's right to a fair trial as those documents might add to the pretrial publicity surrounding the case.
King acknowledged that Gallaher III has a right to a fair trial, but said that Gallagher's widow has a right to be compensated for the death of her husband.
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