I haven't had a chance to read about the specifics of gag orders in SC, but I read up a lot on them for Lauren Giddings' case in Georgia. GA and SC tend to have similar legal procedures etc, so it may very well be a very similar three prong test that determines what comments can be made extrajudicially, with just as loose/general of a burden to meet.
I. implications about the defendant's character, credibility, reputation, or criminal record
II. an opinion as to their client's or the accused guilt or innocence
III. remarks about evidence the lawyer knows will be inadmissible
The question in Lauren Giddings' case was if more "if her remains are found, would that be confirmed before the trial?" And it seems like opinion leaned towards "yes, it would be," with some exceptions as to what would be "questionable" ways for case players to do so:
—Crime scene specifics and animal scattering concerns
—How long they've been there (IMO it's a leading question that hints at the possibility of a different culprit, so however both sides answer could be seen as confidence in the accused's respective guilt or innocence)
As many of you have said, the longer this case goes without a body, the tougher it may be for the prosecution. Even if both sides are now aware that it is very strongly thought the remains are HE's—or the opposite—they wouldn't be able to say so under the gag order either way, since it could be seen as leading public opinion to think it's somebody else's remains (and therefore strengthening the idea that HE may be alive/disposed of somewhere the M's couldn't possibly have gone). If they know it's her, they likely wouldn't say so because that would bring questions like "when were they left there" and directly connecting the line of questioning to how that date/location relates to the M's would hint at the speaker's beliefs about their guilt or innocence.
If there weren't a gag order, and let's say they have surveillance of someone dropping the remains off and they're confirmed to be HE's, obviously the defense would be jumping at the fact to point out that it couldn't have been the M's, since they were already incarcerated. With the gag oder, they can't. If there weren't one, obviously those concerns wouldn't be there and both sides could freely discuss the significance of the discovery, though they probably wouldn't anyway, in the same way they're not discussing what evidence was found at the M's.
Am I on the right track with any of that?
Sorry for the novel, when I was researching this for LG's case I realized I knew absolutely nothing about gag orders and was confused about what to expect from upcoming interviews/media releases. IMO the Horry County gag order will mean much more silence from now on, since unlike LG's case, no remains have been found at all (as far as we know). It's still pretty confusing to me, and I could be very very wrong about any or all of the above.
Pardon any typos..