STATEN ISLAND — The lawyer for a babysitter accused of torturing and murdering a toddler plans to ask a judge to order the borough's chief prosecutor to keep his mouth shut about the case.
Mario Gallucci, who represents defendant Gloria Fields, said he plans to request a gag order against Staten Island District Attorney Michael McMahon after the new chief prosecutor called Fields a "depraved woman" in statements to the press.
It's the second time in a month that a lawyer has threatened to ask a judge for a gag order on McMahon, who took over as DA in January.
"The comments made by them are unbecoming of a prosecutorial agency," Gallucci said.
"The DA is charged with seeking justice and, with the comments made in this case, it appears that they want to be judge, jury and executioner all in one. And that's something that's repugnant."
Fields was indicted on murder charges Tuesday for allegedly torturing 17-month-old Anthony Delgado for three days, leading to his death on Feb. 21.
After her Feb. 24 arraignment, McMahon issued a statement to the media saying, "For 48 hours, this depraved woman systematically tortured a 16-month-old baby."
"No creature on this earth, let alone an innocent child, deserves to undergo such horrific torment. I want to thank the NYPD for their efforts in investigating this case and I want to ensure the public that my office intends to aggressively prosecute this atrocious crime," the statement continued.
Gallucci is reportedly the second lawyer representing a high profile murder suspect this month who has said he will seek a gag order against the DA for his statements to the media.
On March 4, the defense attorney for Mark Sykes — who was indicted for murdering his girlfriend and her two kids inside the Ramada Inn on Feb. 10 — said he was filing a request for a gag order against McMahon.
"The allegations, herein in and of themselves, will produce great difficulty in obtaining a fair trial for the defendant," Sykes lawyer, Mark Fonte, wrote in his motion, according to the Staten Island Advance.
"The statements made by the district attorney clearly enhance the risk of a biased jury, unwilling to hear the evidence presented by the court in favor of their previous views on the matter."
Fonte did not respond to a request for comment for this story.
In a statement after Sykes' indictment for murder, McMahon called the killings "cold-blooded" and "barbaric."
"These cold-blooded murders were carried out against a woman and her innocent children. It’s almost incomprehensible to think a father and lover could do that to his partner, her children and, most shockingly, his own child," McMahon said.
"It is the goal of my office to seek justice for these victims and to hold this defendant accountable for these barbaric attacks."
The Staten Island District Attorney's office declined to comment.
