Decatur protester released from Madison County Jail

Mar. 14—A 21-year-old Decatur woman whose February arrest for protesting in front of the mayor's home violated the conditions of her release on other charges in Morgan and Madison counties — resulting in a more than three-week long stay in Morgan County Jail before being transferred to Madison County — was given an ankle monitor and released from Madison County Jail on Tuesday ahead of her March 19 bond hearing.

"Although the fight for justice and my personal story are far from over, I'm presently looking forward to spending much-needed time with my family in the coming days," wrote Alainah Dailey in a Facebook statement after her release. The college student and mother of two has been an outspoken critic of Decatur city and police leadership since a Decatur police officer shot and killed Steve Perkins on Sept. 29.

Dailey on Wednesday was reluctant to go on the record with legal proceedings still pending.

She pleaded guilty in a deal with the prosecution on March 5 to disorderly conduct stemming from her actions in front of Mayor Tab Bowling's home on Feb. 9. Part of her encounter with Decatur police and subsequent arrest was recorded by phone and uploaded to social media.

At the time, Decatur police Chief Todd Pinion said Dailey was found violating multiple subsections of the disorderly conduct code by causing unreasonable noise and failing to disperse after police told her to.

Dailey was serving unsupervised probation with the city of Decatur for a youthful offender conviction of misdemeanor fourth-degree theft when she was charged with disorderly conduct. Consequently, her probation was revoked.

Dailey remained in Morgan County Jail until her March 5 hearing before Judge Takisha Gholston. In addition to pleading guilty to disorderly conduct, Dailey also pleaded guilty to violating her probation. She was given a 90-day suspended sentence with 24 months of unsupervised probation.

After sentencing, Dailey was transferred to Madison County Jail. The disorderly conduct arrest had also violated her pretrial bond conditions for a 2023 felony third-degree escape charge.

Deputy District Attorney Maggie Wallace had filed a motion in Madison County District Court to revoke Dailey's bond on Feb. 12. When Dailey was released from Morgan County, defense attorney Carl Cole was optimistic that Wallace would agree to a new bond.

"My understanding is that her attorney in Madison County has already communicated with the prosecution and that they indicated they would allow her a new bond," he said.

Cole's understanding was incorrect.

"I have not agreed to reinstate her bond," Wallace told The Daily on March 6.

Attorney Griff Belser was handling Dailey's Madison County charge. Court records show he withdrew from the case on Saturday.

"Counsel believes that a conflict has developed," Belser wrote in the motion to withdraw. "The subject of the conflict must remain confidential due to attorney/client privilege, but counsel believes that the defendant has requested that he withdraw (in the event that he is unable to follow her instructions)."

Attorney Andrew Segal began representing Dailey on Monday, court records show. That same day, he moved the court to grant his client an expedited bond hearing or supervised release.

"She'll lose her scholarship if she's not out to take these tests, to do these things and all that, so I asked the judge can we move the hearing," Segal said Wednesday. "The judge was out of town; the state wasn't going to be able to get their witness there in time."

Segal's motion noted that Dailey is the primary caregiver of two young children, ages 2 and 3. He also described Wallace's opposition to it.

"She (Wallace) stated that an officer from Decatur will be needed for such a hearing and will not be available this week," the motion reads. "In light of those considerations, the defense would, in the alternative, request that the defendant either be released on supervised release or with some sort of bond and/or supervision."

District Judge Ronald Smith responded on Tuesday and ordered that Dailey's hearing remain set for March 19; however, he allowed Dailey to be released to Madison County's Supervised Electronic Detention Program. She was given an ankle monitor and released from jail.

"Normally, in a bond hearing, the State would have to prove that the person committed a crime," Segal said. "But she (Dailey) has already pleaded guilty in the Decatur case.

"I think the real question is will the judge allow her to remain on some sort of amended bond condition or not."

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— david.gambino@decaturdaily.com or 256-340-2438. @DD_DavidGambino