PITTSBURGH - A prosecutor did not violate a gag order when he told reporters he would seek the death penalty for a man accused of killing three Pittsburgh police officers, a judge ruled Thursday.

Defense attorney Lisa Middleman argued Allegheny County District Attorney Stephen Zappala Jr. violated the order when he explained his reasons Monday in seeking the death penalty against Richard Poplawski, 22.

Middleman said Zappala's comment was prohibited and could "pollute the potential jury pool."

First Deputy Assistant District Attorney Mark Tranquilli said Zappala's comments were allowed under the rules of professional comment and were meant to inform the public of his decision in a case with significant public interest.