'Outrageous and flatly unconstitutional': Lawyer decries arrest of Alabama journalists

Police arrested a southwestern Alabama newspaper publisher and a reporter for publishing an article that prosecutors say was based on confidential grand jury evidence.

Don Fletcher reported for the Atmore News on an investigation into the local school board's payments to seven former school employees that Escambia County district attorney says broke the law against revealing grand jury proceedings, and both the reporter and publisher Sherry Digmon were arrested and charged with a felony, reported the Washington Post.

"While it’s illegal for a grand juror, witness or court officer to disclose grand-jury proceedings, it’s not a crime for a media outlet to publish such leaked material, provided the material was obtained by legal means," legal experts told the Post.

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Theodore J. Boutrous, an attorney who has represented media organizations, said the U.S. Supreme Court has consistently ruled that the First Amendment protects journalists who publish information of public importance, even if that information came from a source who broke the law.

"That applies to grand jury information, Boutrous said, calling the Alabama case “extraordinary, outrageous and flatly unconstitutional.”

The newspaper's publisher and co-owner is a member of the county school board, and she voted recently against renewing the contract of the superintendent – who has been publicly supported by district attorney Stephen Billy.

“I wish I could [comment],” said Digmon, the publisher. “I would rather not answer. I can only refer you to my attorney.”

That attorney, who also represents Fletcher, did not respond to requests for comment, and neither did the district attorney.

Veronica “Ashley” Fore, the Escambia school system’s payroll bookkeeper, was also arrested Friday and charged with revealing grand jury information and allegedly providing the newspaper with documents that Fletcher used in his Oct. 25 report, which Billy told the Atmore Advance was "not allowed."

"All three of them, [including] the girl [Fore], were all charged with the same thing," Billy said. "But, you just can’t do that, and there’s no reason for that. Innocent people get exposed, and it causes a lot of trouble for people.”

Digmore was then arrested again Wednesday on a separate charge of using her school board position for personal gain in allegedly selling $2,500 worth of newspaper ads to the school system, which could be in violation of an Alabama law prohibiting public officials from soliciting money and items of value.