DOCUMENT 57
ELECTRONICALLY FILED
5/24/2024 4:20 PM
52-CC-2024-000009.00
CIRCUIT COURT OF
MORGAN COUNTY, ALABAMA
CHRIS PRIEST, CLERK
IN THE CIRCUIT COURT OF MORGAN COUNTY, ALABAMA
STATE OF ALABAMA )
)
V. ) Case No.: CC-2024-000009.00
)
MARQUETTE MAC BAILEY )
Defendant. )
ORDER
On March 22, 2024 this Court entered a temporary gag order in response to a
motion from the State of Alabama filed on the same day. This order was entered to
limit the parties, their attorneys, and their agents from discussing the case publicly,
pending a hearing. A hearing was conducted on May 17, 2024 and after considering
the testimony in the case and the law, the court hereby FINDS AND ORDERS:
The press carries with it the duty of informing the public of matters happening
within the walls of a courtroom, and in also protecting the public by subjecting the
police, prosecutors, and judicial processes to extensive public scrutiny and criticism.
Sheppard v. Maxwell, 384 U.S. 333 at 350 (1966). It is this microscope that individuals
serving in these capacities have volunteered to put themselves under. However, the
press must not be allowed to "divert the trial from the very purpose of a court system,
[which is to resolve differences] in the calmness and solemnity of the courtroom
according to legal procedures." Id (citing Cox v. Louisiana, 379 U.S. 559 at 583 (1965).
The Court's goal is to ensure that the final conclusions reached in this case are done by
a jury, through the presentation of evidence inside of the courtroom without any
outside influence from either public media or private discussions. Id. at 352.
Therefore, until this case is concluded or this order is modified, the Defendant,
his attorney(s), the State and its attorney(s) including employees of the Decatur Police
Department and the Alabama Law Enforcement Agency, are restricted from making
any public extrajudicial comments regarding any evidence in the case, the knowledge
of which was gained in their professional capacity. These individuals are also enjoined
from disclosing any copies of any evidence in the case, the knowledge of which was
gained in their professional capacity. This includes information gained through the
discovery process or in the investigation of this offense by the Alabama Law
Enforcement Agency and the Decatur Police Department.
DOCUMENT 57
Futhermore, any witness that is or has been under subpoena to testify regarding
any issue in this case, is also precluded from making any extrajudicial comments about
the case in public or on any social media platform.
This order does not prevent any attorney in the case, the law firm(s) associated
with the case or representatives of the District Attorney's Office, from discussing the
case with their client or victim representative. It further does not prevent internal
discussions from taking place among members of the defense attorney(s)'s firm or the
District Attorney's Office, or conversations between the attorneys in the case. Lastly, it
does not prevent the attorneys or their staffs from communicating with any witness,
potential witness, or any person in an attempt to discover evidence.
DONE this 24th day of May, 2024.
/s/ CHARLES B. ELLIOTT
CIRCUIT JUDGE
