Gag order hearing Friday in Mac Marquette murder case, DA wants video leak source

DECATUR, Ala. (WHNT) — A hearing is set for Friday in the battle over a gag order in the Mac Bailey Marquette murder case.

The former Decatur police officer is charged with the on-duty shooting death of Stephen Perkins in September 2023.

Prosecutors say the case needs a permanent gag order to ensure a fair trial, but not everyone in the case agrees. Marquette’s attorneys have filed a motion opposing the gag order. Lawyers for the City of Decatur say multiple Decatur police officers who’ve been subpoenaed should not be compelled to testify.

But Thursday evening Morgan County Circuit Judge Charles Elliott denied Decatur’s motion to quash the police subpoenas.

The hearing is set for 1:30 p.m., Friday.

A temporary gag order is in place and Morgan County District Attorney Scott Anderson is asking the court to make it permanent. Anderson has subpoenaed at least 17 law enforcement witnesses. Anderson says the subpoenas are necessary to help identify who leaked a video copy of police cam footage from the night of the shooting.

Lawyers for the Decatur Police Department’s command staff submitted 11 affidavits to the court from the officers saying they did not release the video, and that they understood the video’s release had been announced before the temporary gag order was issued.

Marquette’s lawyers argue a permanent gag order barring all out-of-court statements and public discussion of the case would hamper his defense.

Attorneys for the City of Decatur also argue public safety could be compromised if the police department’s command staff is in court at the same time Decatur is hosting its Third Friday event.

Decatur City Councilman Hunter Pepper has also been subpoenaed.

Court records show an October and November start date for Marquette’s murder trial, but it appears the trial is set for Nov. 18.

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