Âé¶¹´«Ã½

Skip to main content
You are the owner of this article.
You have permission to edit this article.
Edit

Permanent gag order for former Decatur officer charged with murder still up in the air

  • Updated
  • 0

Bailey Marquette charged with murder after Steve Perkins was killed in his front yard back in September.

On Friday afternoon, nearly 20 people appeared in court so a judge could try and sort out who leaked the body camera footage from the Sept. 29 officer-involved shooting death of Steve Perkins. Everyone who testified says they did not leak the footage and do not know who did.

The hearing lasted four hours and started two hours late due to scheduling issues with Judge Elliott. 

ALEA investigator Jamie King and Decatur Police Chief Todd Pinion both claimed they did not leak the body camera footage and do not know who did.

Morgan County District Attorney Scott Anderson pressed Pinion hard about who had access to the body camera video that was leaked. He said lieutenants saw the footage as well as Jacob Ladner, Mayor Bowling, and Carlton McMasters. 

Anderson also asked Pinion if he was aware of any officers posting to social media about the case. Pinion said he was not aware and could not recall the department's social media policy. 

Anderson asked why city officials saw the footage, and Pinion said it was because of questions at council meetings.

Many others testified, including Marquette's father, James, Lieutenant Joe Renshaw, ALEA agent Dennis Smithy, and Captain Rick Archer.

Perkins movement supporters hopes the judge decides to grant the permanent gag order.

"We're hopeful that the Morgan County side will be a little more transparent and fairer than the Decatur City side," Terrance Adkins said. "We expect Scott Anderson and Judge Elliott to do what needs to be done as far as the integrity of this case."

Anderson pressed Pinion on whether or not he tried to figure out who leaked the video. Pinion said he did have a command staff meeting, asked everyone, but they all told him they didn't have anything to do with it.

When Bailey Marquette was indicted in January, Pinion said there was a discussion to release the video publicly but ultimately with legal advice they decided not to. 

Anderson asked Pinion how many murder cases he's had in his 20-year career in the Decatur Police Department. Pinion said several. When Anderson asked why he never made all his staff see a body camera video with evidence before, Pinion could not answer.

Anderson also asked the Decatur law enforcement officers who testified if it was common for them to show video evidence from every murder case in the city. They answered either no or they didn't know. Anderson responded by asking why the department didn't circulate the footage right after the shooting and instead waited until after the indictment.

Testimony from the hearing also revealed the footage was stored on computers within the Decatur Police Department at times.

We heard from James Marquette. He admitted he saw the footage in early March with his son and legal team. The DA asked him about a Facebook post where he claimed the public should see the video because it showed Perkins holding a gun. James Marquette said he did not leak the video and does not know who did.

Decatur Councilman Hunter Pepper also took the stand. Anderson asked Pepper about a press conference he held last year before any disciplinary action against the involved officers was announced. Pepper previously claimed to know the outcome before it happened. Pepper said Jeremy Goforth told him this. The judge also scolded Pepper about a recent social media post.

It's worth noting, one Decatur lieutenant testified he took the footage to the Âé¶¹´«Ã½ Police Department where a videographer edited out names and anything graphic.

As for the gag order itself, a temporary one will remain in place while Elliot reviews his notes. He says he will issue his ruling on a permanent gag order soon but that it wouldn’t be Friday night.

Marquette's defense team opposes the gag order. They say it would prevent them from providing effective counsel to their client. They also say it would violate Marquette's constitutional right to a fair trial.

The state told the judge the gag order would only restrict the DA’s office and agencies like the Alabama State Law Enforcement Agency and the Decatur Police Department from making comments outside the courtroom.

TEMPERARY GAG ORDER HEARING IMAGE

Download our WAAY 31 NewsÌý²¹²Ô»åÌýÂé¶¹´«Ã½Â apps. Follow us on ,Ìý,ÌýÌý²¹²Ô»åÌý. Have a news tip, question or correction? Email us at newsroom@waaytv.com

Reporter

Paige was born and raised in the Metro Detroit area and graduated with honors from Central Michigan University. She had two majors: Broadcast & Cinematic Arts and Communication with a concentration in broadcast journalism.

Recommended for you