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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.
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 2/7
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
(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 .
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 3/7
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
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 4/7
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:
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 5/7
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
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 6/7
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
8/21/2019 Gag Order_Matthew Ajibade Case
http://slidepdf.com/reader/full/gag-ordermatthew-ajibade-case 7/7
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
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