DOCUMENT 51

ELECTRONICALLY FILED
5/13/2024 4:22 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 )
) CASE NO. CC-2024-0009
v. )
)
MAC BAILEY MARQUETTE )

OBJECTION TO THE CITY OF DECATUR’S

MOTION TO RELEASE OR QUASH
COMES NOW the State of Alabama, by and through Scott Anderson, District Attorney
for the Eighth Judicial Circuit, and files this Objection to the City of Decatur’s Motion to
Release or Quash, and would show unto the Court as follows:
1. On March 22, 2024, the State requested a temporary gag order be issued in this matter
due to great pretrial publicity, both in the news media and online social media.

2. This Court granted that Motion and put into an effect a temporary gag order, pending a
final hearing in this matter, restricting the State, the defendant, and the attorneys from any
extrajudicial communication or release of information about this case, subject to any
exceptions allowed by law.

3. Following the temporary gag order being entered, a video was released to the public by a
local media source.

4. This Court is under an obligation to protect the integrity of this case and of any other
pending matters before it.

5. In Sheppard v. Maxwell, 384 U.S. 333 at 363 (1966), the Supreme Court of the United
States stated (emphasis added):

The courts must take such steps by rule and regulation that will
protect their processes from prejudicial outside interferences.
Neither prosecutors, counsel for defense, the accused, witnesses,
court staff, nor enforcement officers coming under the jurisdiction
of the court should be permitted to frustrate its function.

6. Though the Decatur Police Department is not the investigating agency, it is a law
enforcement agency involved in this matter, and is subject to restriction by this Court
concerning extrajudicial disclosures made during this case’s pendency.

7. The Defendant was a sworn officer with the Decatur Police Department and was on duty
at the time this offense occurred.
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8. Any or all member(s) of the Decatur Police Department command staff may be
subpoenaed to testify at the trial of this matter concerning safety, standards, training,
and/or protocol.

9. The State is not obligated to publish its witness list or divulge its trial strategy.

10. The video that was released to the public was only in the possession of the Alabama Law
Enforcement Agency, the Decatur Police Department, and the Morgan County District
Attorney’s Office.

11. All three of these agencies are subject to this Court’s jurisdiction in this matter and are,
therefore, subject to a gag order issued by this Court.

12. Furthermore, the individual officers subpoenaed in this matter are subject to being called
as witnesses at the trial of this matter and are likewise subject to a gag order being issued
by this Court.

13. The purpose of this hearing is to establish whether a gag order is necessary as this case
continues to protect both the State and the Defendant’s right to a fair trial and the integrity
of the judicial process. Clearly, the State, the Defendant, the agencies involved, and the
witnesses in the case are necessarily impacted by that determination.

14. Furthermore, the source of the leaked video is an important topic for the Court to consider
in that determination. If the source of the leaked video is employed by the Alabama Law
Enforcement Agency, the Decatur Police Department, or the Morgan County District
Attorney’s Office, their continued access to information about this case poses a potential
threat to the integrity of the case without restraint by this Court.
WHEREFORE, PREMISES CONSIDERED, the State respectfully objects to the City of
Decatur’s Motion to Release or Quash, and asks this Honorable Court to deny that Motion.

Respectfully submitted this the 13th day of May, 2024.

__/s/Scott Anderson______
Scott Anderson
District Attorney, Eighth Judicial Circuit
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CERTIFICATE OF SERVICE

I hereby certify that I have mailed a copy of the foregoing on Attorney(s) for Defendant,
and Attorney for the City of Decatur, by United States Mail, first class postage pre-paid, or by e-
filing.

Done this the 13th day of May, 2024.

__/s/Scott Anderson______
Scott Anderson
District Attorney, Eighth Judicial Circuit