gag order_matthew ajibade case

8/21/2019 Gag Order_Matthew Ajibade Case

http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 1/7

IN

HE

supERroR

33ts1%?6f3ff"AM

ouNry

:,l

ii'.i.,i:tir

STATE

OF GEORGIA

V .

JASON

KENNY

MAXINE EVANS

GREGORY

ROWN

DrpswoeNr.

I r . io lc rntervr

Nos.

CR15-1

cR15-1396

<F

, ' r

CR15-1397'Js

ST AT E 'S

MOTION

FOR

IMPOSIT ION

OF A

GAG

ORDER

Comes

ow

he

State

f

Georgia,

y and

hrough

ts representative,

ssistant

istrict

Attorney

Christine

arker,

nd

moves

his

Court

o

order heparties

ndcounsel

or and

all

agents

f

allparties,

including

ttorneysor theyictinlq fumjly- n_d,heD_efendanrso refrain rom making nys&tenrents

regarding,

or releasing

nformation

concerning,

he

above-referenced

ase

hat they

know

or reasonably

should

know

will have

a

substantial

ikelihood

of n.raterially

rejudicing

n adjudicative

roceeding

n this

matter

o a ny media

outlet,

ncluding

but not limited

o radio,

elevision,

nd

newspaper

eporters,

nd

further

to

refrain from

making

any

written,

oral,

or electronic

statement

outside

of court

that any

person

contemplated

by said

order

would

reasonably

elieve

o

be disseminated

y

means

of public

communication,

ncluding,

without

limitation,

Facebook,

Twitter,

or any

other

form

of social

media.

n

support of this motion, the Stateshows he following:

1.

Attorney

for

the

victim's

family

have

iled

a Petition

for

Mandamus

and

Disqualification,

Civil

Action

No.

SPCVl50oO532

"Petition"

Attached

as

exhibit

{1),

seeking

o

disqualify

.

Meg Heap

[the

District

Attomey]

and

the

office

of the EasternJudicial

Circuit

Districr

Attorney

from

any

further

action

n investigating

or presenting

criminal

charges

based

upon the

actions

which

caused

the

deathof

Mathew

Ajibade"

and further

asking

hat

a District

Attorney pro

temporebe

ppointed

"in

all

matters

elated

o the

death

of Mathew

Ajibade.

(Pet.

). Plaintiffs

conrend

nter

aliathat

DefendantHeap is barredunder Georgia aw

from

investigating

or presenting

criminal

charges

because

f her

relationship

with

Chatham

County

Sheriff

Al

St. Lawrence

and her

,,personal

interest"

in the

outcome

of the

case. Id.

at

ifif

16,29,40).

The

claims

of

the

victim's

family

attorneys

are

meritless,

but regardless

f the

merits

of

the claims,

a gag

order

s

warranted

under

Georgia

aw

with

respect

o

this

matter

for

the reasons

ddressed

elow.



Z.

Counsel

or the victim's

family in

this

action have

made extrajudicial

comments

o

variousmedia

outlets

egarding

potential evidentiary

ssues hat

may be addressed

t the

hearings

or trial

in this

action,

aswell

as n the

Petition and

n

a civil suit

in

this Court,

St.Lawrence

.

WSAV' Inc., Civil

Action

No. SPCV15OO447

hereinafter

he

"WSAV

Case").

Specifically,

he

State hows

he

following:

a. Most

recently,onJune

24,201.5,

ictim's

family

attorneys,

William Claiborne

ndMark

O'Mara,

have

publicly

accused

he State

of

"white

washing"

he case

n statements

o

BuzzFeed

nd he

Boston

Herald.

attached sexhibits

A2 &

A3). Thesc

statements,

includine

additional peculation

bout

he actual

evidence,

ave

been

epeated

n other

nerrr nrrfletq eftrched rs exhihits A4-A1Z-

b .

(-

Victim's

family attorney,

Williarn

Claiborne,

has posted

comments

about

evidentiary

matters,

ncluding the

basis

or the

arrest

of Mathew

Ajibade

on

liis Facebook

ccount

(attachedas

Exhibit A);

Victim's

family attorney)

William

Claiborne,

has

postedcomments

o his Facebook

account

egarding

GrandJury

responsibilities

hat

according

o the

Petition would

form

the

basisof

a awsuit

against

he

State

(attachedas Exhibit

B);

Victim's family attorney,William Claiborne,hasmadecomments o variousmediaoutlets

and hasbeen

quoted in articles

egarding

potential evidence,

how many

peopleshould

be

criminally

charged,

and the

contents

of a

death certificate,

n stories

dating

as ar back

as

May

8, 2015,

andin media

outlets

as ar-reaching

as he

U.K.'s

Daily

Mail

(attached s

Exhibits C-N);

Victim's family

attorney,

Mark

O'Mara,

has

made comments

on Twitter

and on

his blog

regarding

he criminal

investigation

and

policy changes

made

by the Sheriff's

department,

leading o speculation or the basisof thesechanges attachedasExhibit O);

Victim's

family

attorney, Mark

O'Mara,

has made comments

o various

media outlets

and

hasbeen

quoted

n

articles

egarding

potential evidence,

ncluding

claims egarding

"beating"

and

purported cover

up,

in stories

dating

as ar

back

asJanuary

612015, nd

n

media

outlets

ncluding CNN

(attachedas

Exhibits

P-NN);

d .



g. The State

has

eceivednumerous

equests

or response

o

claims

made

by victim's

family

arrorneys

rom

media outlets

(attachedascollective

Exhibit

OO),

and finally;

h. Such

stories

havebeenbroadcast

n

air, asshown

n Exhibit

PP .

It is clear rom the

above acts

and

associated

xhibits

hat

attorneys

William Claiborne

and

Mark

O'Mara

have

made

extensive

omments

directly

addressing

otential rial

ssues

n each

of these

stories.

3. Counsel

or the victim's

farnilyhave

epresented

he

amily of Mathew

Ajibade

during he

criminal

investigation

elated o the

death of

Mathew

Ajibade

and

have

urther

been

nvolved

n the

investigation

and litigation

of various

matters

now

pending

before he

Court,

including

he

Petition

and he

WSAV

Case.

Throughout

he

course

of these

matters

and

as

demonstrated

bove,

ounsel

- for the-yictlrr/s-family-havcextensively-engagedin-extrajudi,cial com.mentarysld-5olieited nedia-----

coverage

f the same.

Notably,

a copy

of the

Petition

was

received

by

Dave

Kartunen

of WSAV

before

hc

Statewas

even

served,as

shown

n Exhibit

MM.

Moreover)

as evidenced

y

F,xhibit

NN,

Mr. Claiborne

s

directly soliciting

media

coverage.

4. These

ndictments

elate

o the oss

of a

human

ife; n such

cases,

t

is of

paramount

mportance

o

all parties

including

the

decedent's

amily,

the

prosecuting

authorities,

any persons

accused

f

wrongdoing,

and the

public at

large

-

that the

fairness

of the

judicial

process

be

preserved.

5. The saturationof the media by the attorneys or the victim in this casemay prompt the Defendants

and their

agents

o feel

that they

need o

respond

n

kind. Further,

two

of

the Defendants

nd heir'

attorneys

were

present

or the

presentation

of

evidence

o the

GrandJury,

and hus

havemore

complete

nformation

than the

public at large.

While this

information

is

privileged

aspart of

the

GrandJury

process, he temptation

to respond

o

any naccuracies

n the

media

coverage

will be

suong.

6.

This case

s

governed

by Atlanta Journal-Consti tution

.

State,266

Ga.

App.

168

2004) and

Rule

3.6

of the State

Bar of Georgia

Rules

of

Professional

Conduct.

Rule 3.6,

as

cited by the

Georgia

Court

of Appeals

n Atlanta Journal-Constitu tion,266

Ga.

App.

at 169,

states hat

[a]

lawyer

who

is

participating or

has

participated n the

investigation

or

litigation

of a

matter

shall

not

make an extrajudicial

statement

hat a

person

would

reasonably

elieve

to

be disseminated

y

meansof

public

communication

f the

awyer

knows or

reasonably



should

know

that it will

have a substantial

ikelihood of

materially

prejudicing

an

adjudicative

proceeding n the

matter.

Comment

5A to Rule

3.6 states

hat

"

ltlhere

are...

certain ubjects

which

are rore

ikely han

no t

to

have

a material

prejudicial effect

on a

proceeding,

particularly

when

they

refer to a

civil matter

triable

o a

ury,

a crimirral

matter,

or any other

proceeding hat

could

result

n

incarceration.

Such subjects

isted

nclude

"

the character,

credibility,

reputation

or

criminal

record of

a

party,

suspect

n a criminal

nvestigation r

witness,

r the

dentifyof

a witness

or the

expectedestimony

of a

party or witness

" "

the

performanceor

results of

any examinations

r tes t, or

the identity

or

natureofphysicai

evidence xpected

o be

presentedl"

and

"any

opinion

as o the

guilt or

innocence

f

a defendant

r suspect

n a criminalcase

r proceeding

liat

could

esult

n an

incarceration."Id.;

Sea

lsoAtlantaJournal-Constitution,266Ga.

pp.

at 769-77O

quoting

7

Directory

Rule

7-107

StateBar of Ga.)

(repealed 001)),which

preceded nd

argely

mirrors he

subjects

isted

n Cornment

5A.).

As

shown by

the attached

exhibits,

counsel

or the

victim's

family have

madestatements

eiated

o

this

criminal

action, he

Petition, and

the

WSAV Case

commenting

nter

alia on

a.

The character

and

rcputation of

those

potentiallyaccused;

b.

The

performance

and results of

examinations,

uch

as hc autopsy;

c.

The credibility

of potentialwitnesses;

nd

d. The

guilt/innocence

f those

potentially

ccused,he

evidence,

nd he

merits

of the

case.

These comments

are violative of

the

professional nd

ethical

ules of the

StateBar

of Georgia

et

out above

and demonstrate

he desireof

the Plaintiffs

o manipulate

nediacoverage

o

gain

favorable

attention. See,

.g.,United

States .

Brown,218

F 3d

415

5th

Cir.

2000).

As such,

hey

are

likely

to affect

he

ability of all

parties o have

hese

cases djudicated

by an

mpartial ribunal.

Rockdale itizen

Publishingu.

State,266

Ga.92

(1995).

Furthermore, Rule 3.4(h) of the GeorgiaRules of Professional onductprohibits a awyer rom

"presentfing],

participating n

presentfing]

or threatenfing]

o

presentcriminal

charges

olely

o

obtain

an advantage

n a civil

matter.

The

Petition constitutes

participation

n presenting

riminal

charges

s contemplated

by Rule 3.a(h)

n that:



a.

The

petition

repeatedly

dentifies

sheriff

A1

st'

Lawrence

as

a

"potential

defendant"

o

criminal

charges

or

,,potential

criminal

defendant"

and

states

hat

"his

actions

and/or

inactions

hould

be

under

nvestigation

y

Defendant

Heap."

(Pls''

Pet'

[13;See

d'

atIlfl

15,16,30);

nd

b.

The

petition

seeks

o

disqualify

he

District

Attorney

and

her

office

"from

any

urther

action

n

investigating

or

presenting

criminal

charges

ased

upon

the

actions

which

caused

the

death

of

Mathew

Aiibade'"

(Id'

at7)'

The

identification

f

persons

who

are

"potential

criminal]

defendants"

and

"should

be

under

fcrirninal]

nvestigation',,

aSwell

as

lre

attempt

to

disqualify

a district

attorney

rom

presenting

criminal

charges

s

precisely

he

type

of

participation

n

presenting

criminal

charges

ontemplated

--jy Rule 3.a(h). Such pslficjpatio,r i,slmper 0issible-iulier9#

herg,

the

Petition

has

bcen

brought

with

the

obvious

sole

ntent

of

obtaining

an

advantage

n

civil

matters

n

which

counsel

or

the

victim,s

family

are

also

nvolved.

lhe

petition

repeatedly

cferences

he

fact

that

"

ft]he

Ajibade

family

has

claims

against

Defendant

Heap...

which

have

be

en

asserted

n

[the

WSAV

Case]

and

thattheAjibadefamilywil lbef i l ingacivi lsuitagainst . .anyandallpart iesresponsibleforMathew

[Ayibade,s]

death,,

which

will

,.likely"

name

Defendant

Heap

as

a

defendant'

Petition

g[qT

1,

12,

39,4I).In

f-act,

n

entire

section

of

the

Petition

s

devoted

o

discussion

f the

WSAV

Case

n

whichPlaint i f fsherehaveintervenedasdefendants'(Pls ' ' ,Pet '1T1T7-1'6) ' I t isclearbasedonthe

Petition

that

counsel

or

victim's

family's

purpose

s

to

obtain,

hrough

the

Petition

tself

and

he

media

attention

garnered

herefrom,

an

advantage

n

the

existing

civil

case

nvolving

he

state

and

anypotendalfuturecivi lact ionbyt lrevict im'sfamilyagainst theState.

g .F ina l ly , theremedysoug l r tbySta tehere in isnar rowly ta i lo red in tha t

a.

It

is

not

permanent,

but

rather

s limited

to

the

time

span

during

which

the

current

criminal

action

s

pending

before

he

Court;

b.

It

does

not

involve

prior

restraint

anddoesnot in anyway imit the abilityof the media o

lawful lygatherandreport tothepublicnewsrelatedtothismatter land

c.

It

does

not

purport

to

preclude

any

person

connected

with

this

matter

from

identifying

information

such

as

court

dates,

ypes

of

hearings,

nd

other

factual

nformation

without



comment

or

opinion

with

respect

o the

proceedings

hemselves

r

the

evidence

adduced

therein.

WHEREF

ORE,

the

State

respectfully

urges

his

Court

to enter

an

order

restraining

he

parties

and

counsel

or and

all

agents

of the

State,

he

victim's

family,

and

Defendants

o refrain

from

making

any

statenents

about,

or

releasing

nformation

concerning,

hese

cases

hat

they

know

or

reasonably

hould

know

will

have

a subsrantial

ikelihood

of

materially

rejudicing

n

adjudicative

roceeding

o any

media

outlet,

ncludilg,

but

not

limited

to

radio,

elevision,

nd

newspaper

eporters,

nd

urther

o

refrain

rom

making

any

written,

oral,

or

electronic

statement

outside

of

court

that any

person

contemplated

y

said

order

would

easonably

elieve

o

bedisseminated

y

means

f

publiccoTlgunie*tin.

TfirdfuofJune,

2015.

133

Montgomery

St.,

Room

600

Savannah,

A

31401

Tel: 912-652-7308

CHRISTINE

S.

BARKER

Georgia

ar

No.

645851



IN THE

SUPERIOR COURT

OF CHATHAM COUNTY

STATE OF GEORGIA

ST AT E OF 'GEOR GI A

INorc r :uENrNos .

D E r E N o e N r s .

This

s

to

certify hat have his day

served

he oregoing TATE'S MOTION FOR IMPOSITION

OF A GAG ORDER to the

ollowins

counsel f

record ia US Mail addresseds ollows:

JASON

KENNY

MAXINE EVANS

GREGORY ROWN

WilliamR.Claiborne

The

Claiborne

irrn.P.C.

---- 41Oiasl BavStreel

Savannah.

A 31401

Bobby Phillips

4O28.

Liberty Street

Savannah,

A 31401

Willie T. Yancey

P.O.Box2845

Savannah,GA37402

Gregory Brown

13 Night Heron Way

Port Wentworth, GA

ThirdkyofJune, 2015.

133Montgomery

St,

Room

600

Savannah.GA 31401

Tel: 972-652-7308

CHRISTINES.

BARKER

Georgia ar

No.

645857

gag order_matthew ajibade case

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