The same south Georgia judge who signed a sweeping gag order in the Tara Grinstead case heard arguments against it Thursday afternoon in an Irwin County courtroom.
But Judge Melanie Cross, of the Tifton Judicial Circuit, said it will take up to a week for her to decide if the order should stand. She said she’ll use the time to review 79 recent media reports provided by the murder suspect’s attorney and to do her own research.
Cross signed the order without holding a hearing on Feb. 28, five days after the Georgia Bureau of Investigation announced an arrest in the 2005 case.
AJC Watchdog: Grinstead Murder Mystery Hampered by Secrecy
Grinstead, a popular Irwin County teacher and three-time winner of the Miss Tifton beauty pageant, disappeared in 2005. The mystery surrounding her whereabouts has captured public attention in south Georgia and beyond. It even inspired a podcast.
The arrest in February of Ryan Alexander Duke, a onetime student at the high school where Grinstead taught, was expected to finally answer some of the questions about what happened. Authorities have charged Duke with murder and revealed he used his hands to kill Grinstead but have been able to say little else.
Requested by Duke’s lawyer, the gag order prohibits police, potential witnesses, court personnel and family members of both Grinstead and her alleged killer from making statements about the case. Cross also signed a Feb. 28 motion sealing court records in the case and closing hearings to the public, documents show.
The Atlanta Journal-Constitution and Channel 2 Action News were the first media outlets to challenge the order. Other metro Atlanta, Macon and south Georgia media outlets also appealed the gag order, along with Grinstead's sister, Anita Gattis. During Thursday's hearing, attorney Lesli Gaither, representing the AJC and Channel 2, argued that the gag order is too broad and that extensive media coverage of the case is not enough to justify the order.
A balancing act is necessary, Gaither said, to avoid violating the public’s First Amendment rights to freedom of speech vs. Duke’s Sixth Amendment right to a fair trial.
“A defendant is not entitled to a jury that knows nothing,” Gaither said.
More than 11 years after Grinstead was reported missing, a tipster came forward with information that led to the arrest of Duke, according to the GBI.
Then, one of Duke's former classmates at Irwin County High School was arrested and charged in connection to the case. Bo Dukes, 32, allegedly helped Duke "conceal and destroy" Grinstead's body, authorities said.
Duke’s public defender, John Mobley, argued Thursday that his client’s right to a fair trial will be harmed without the gag order in place.
“The media coverage has been constant and pervasive, almost daily,” Mobley said.
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