Gag order issued in case of former Decatur officer charged with murder

David Gambino, The Decatur Daily, Ala.
Updated ·3 min read

Mar. 23—After a conservative talk radio host announced Thursday he possesses bodycam video depicting the police shooting of Steve Perkins, a Morgan County judge on Friday issued a temporary gag order barring involved parties from discussing the case outside court.

"I have the Steve Perkins tape of his death in my possession," Dale Jackson said on WVNN's "The Dale Jackson Show." "The entire ALEA investigation I hold on my hard drive.

"I have to clear a couple of things before I can do anything with it, but I have seen it, I have watched it."

Perkins was shot and killed by a Decatur police officer on Sept. 29. Three officers were terminated and one was suspended for their involvement. In late December, Morgan County District Attorney Scott Anderson received the Alabama Law Enforcement Agency's investigation report, and former officer Mac Marquette was subsequently charged by a grand jury with murder.

Anderson on Friday, ahead of the gag order, said his office doesn't have custody of the bodycam video: "We don't maintain any evidence."

Court filings show Anderson requested a gag order on the case at around noon on Friday.

"This motion is filed in an effort to protect the integrity of this case and to ensure a fair and impartial trial of this matter," he wrote.

The order bars the prosecutors, the defendant and attorneys from any extrajudicial communication or release of information about the case.

Circuit Judge Charles Elliott granted Anderson's request a half-hour after the motion was filed and set a hearing on the matter for April 8 at 1:30 p.m.

Marquette is being represented by Birmingham attorneys Elizabeth Young and Brett Bloomston.

A motion filed by Marquette's lawyers on March 12 notes that the court entered an Order of Discovery and Production on Feb. 1. "Discovery" is the exchanging of information and evidence between the parties involved ahead of trial.

"The Defendant received discovery from the State as of the date of this filing," the motion reads.

Young said Friday that The Decatur Daily's inquiries were the first she heard about a possible leak.

"We certainly didn't leak it," she said. "We won't be releasing anything that we've received to the media."

Bloomston did not respond to requests for comment.

Friday afternoon, after the gag order was issued, Anderson filed in court an unusual memorandum titled "Notice of Delivery of Discovery."

It reads simply: "The State of Alabama has delivered discovery to attorneys for Defendant on or about March 12, 2024."

Steve Perkins' brother, Nick Perkins, weighed in on the possibility of a leak.

"This is the first of me being aware of any such statement being made," he said. "But even if it is true, that would be very disrespectful for anyone to release. If anyone is actually leaking information, I'm sure that is something the district attorney can investigate."

Jackson on Friday declined to comment on the claims he made.

Marquette's trial, previously scheduled to begin Nov. 18, on Wednesday was moved up to Oct. 21, court records show. He remains out of jail on a $30,000 bond while awaiting trial.

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