Attorney for Amanda Brooks seeks court order

The defense attorney for Amanda Brooks has filed a notice in Vanderburgh Superior Court in an effort to ensure media and investigators have no contact with his client, but prosecutors say they won't enforce the notice unless a judge orders it.

Russell Woodson was appointed public defender in Brooks' case earlier this month. She and her husband, Terry Lay, face charges alleging they killed their 3-year-old-son, Kalab Lay, and abused his twin sister.

Woodson's notice states, "No one is to interview, speak with, talk to or visit with the defendant" except for members of the defense team, clergy or medical personnel. The notice specifically prohibits media and any investigating officers from speaking with Brooks.

Woodson also states only friends and family of Brooks who have been approved should be allowed to speak with her.

"These persons are to be solely friends and family of the defendant and do NOT (sic) include any news media or any one working for same," the order states.

The document also states:

"Investigating police officers of any agency, office or affiliation, anyone connected with same in any way, and any one connected with news media are specifically PROHIBITED (sic) from speaking with or communicating in any way with the defendant."

Vanderburgh County Deputy Prosecutor Jonathan Parkhurst said his office filed a response stating prosecutors will not recognize or enforce Woodson's notice unless so ordered by the court.

"A criminal defendant may speak to whomever she chooses," the response said.

"Any statement made by any criminal defendant to any investigator or member of the media may be used if the court finds that the statement was made voluntarily and did not violate constitutional rights. The state of Indiana should not be held responsible for ensuring the defendant remain silent while in custody."

A hearing in the matter has not been set, and Parkhurst said it is up to Woodson to request a hearing.

"Absent a court order, we're not going to do anything to enforce it," Parkhurst said.

Parkhurst said the move is unusual.

"I've not seen this ever before," he said.

Reached by phone Monday, Woodson said the notice is meant simply as a demonstration of Brooks' right not to speak to anyone regarding her case.

"I am simply asserting her right not to talk to anybody and making it very clear so there is no question in the future."

Woodson conceded this is the first time he's ever filed such a notice, "but I'm not sure it's the first time I've felt there was a need for it," he said.

Woodson suggested people involved with the case improperly have been leaking information, but he would not specify who was involved with those communications.

"I have heard stories but don't have any firsthand proof," he said.

"I'm going to be one of a few people in this case that will let my pleadings speak for themselves, instead of leaking things improperly."

Woodson said he does not plan to ask for a hearing in the matter.

He said now that he filed his notice with the court, if Brooks opts to speak with media or investigators, she will have to go to court and formally waive that right