News media contest gag order in Georgia crematory case

By The Associated Press

02.25.02

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LAFAYETTE, Ga. — The Atlanta Journal-Constitution, WSB-TV and WSB Radio asked the Superior Court late last week to reverse its gag order imposed on the investigation of the discovery of about 300 corpses at a northwest Georgia crematory.

The Feb. 22 motion said the order by Judge William Ralph Hill obtained by the lawyer for the crematory operator was invalid under the Georgia Constitution and the First Amendment of the U.S. Constitution as a prior restraint against protected speech.

Walker County District Attorney Buzz Franklin rushed into a news conference Feb. 21 to distribute copies of the gag order just after state medical examiner Dr. Kris Sperry had said 283 bodies had been retrieved around the Tri-State Crematory over the past week.

Ken Poston, a former state legislator who is representing crematory operator Ray Brent Marsh, sought the order to prevent the disclosure of more information through the news media. The order covers virtually everyone involved in the case, including witnesses, officials and investigators.

A judge declined Feb 22 to set bail for Marsh, 28, who is charged with 16 counts of theft by deception for allegedly taking payment for cremations he never performed.

The motion filed by the newspapers and broadcast stations said the gag order was illegal because it was issued without evidence of a threat to the administration of justice.

The order not only prevents officials from talking about a criminal investigation "of enormous public concern — but also effectively precludes them from discussing a public health crisis which has prompted the governor to announce a state of emergency in Walker County," the motion said.

Update

Georgia judge modifies gag order in crematory case
Meanwhile, California judge prohibits attorneys, investigators in kidnapping/murder case from making any statements outside courtroom.  03.12.02

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