One Count Each Dropped Against 3 Defendants in Phoenix Drug Case

A judge took under advisement Tuesday a request that he reconsider a gag order in the Phoenix Suns’ drug case and dismissed one count against each of the three defendants because the only witness against them was killed in a traffic accident.

Judge Michael Ryan of Maricopa County Superior Court also said that he would give defense attorneys an opportunity to interview the Suns’ Walter Davis, a key witness in the case, before deciding whether to order the release of Davis’ medical records.

Attorneys for several newspapers and television stations asked Ryan to either rescind, or modify the gag order, which prohibits lawyers, defendants, investigators and witnesses from discussing the case with reporters.

The traffic death of Johnny High, former Sun player, in Phoenix Saturday, led to the dismissal of conspiracy counts against James Jordan, manager of a Phoenix nightclub; Terry Kelly, a waiter, and Mike Bratz, another former Sun player.

High had provided grand jury testimony linking the three to drug-related offenses but that testimony can’t be used in court because defense attorneys would not be able to cross-examine.

The three still face other counts. They were among 13 people, including five current and former Suns, indicted April 6 and May 14 by a Maricopa County grand jury. Charges against one former player, Garfield Heard, have been returned to the grand jury for reconsideration.