Mathew Ajibade Case (Full List of Documents)

vs.
CRIS-139S-JS
CRIS-1396-JS
CRIS-1397-JS
JASON KENNY,
MAXINE EVANS,
GREGORY BROWN,
Defendants.
ORDER ON MOTION FOR GAG ORDER AND

MOTION TO DISMISS AND MOTION TO INTERVENE
Before the Court is a Motion for a Gag Order filed by the District Attorney of the Eastern
Judicial Circuit and a Motion to Intervene filed by WSAV' .
Having read and considered said
motions, Special Appearance Response in Opposition to State's Motion for Imposition of Gag
Order, all argument and evidence of record 2 and the applicable law, including that presented at
the hearings on July 8, 20 IS, the Court finds as follows:
FINDINGS OF FACT
Defendants in the above styled case were indicted on June 24, 20 IS. The indictments
'The Court considered the arguments in the Motion to Intervene filed by WSA V, as well
as the State's response to the motion.
2The Court has considered the newspaper articles submitted in exhibits one and two and
additionally considered the flash drive provided by WSA V as those documents were properly
authenticated. The Court did not consider the disks of the Claiborne interview which were
attached to Exhibit 2 nor did it consider the disk attached to the WTOC affidavit as those disks
were not properly authenticated.
arose out of the death of Matthew Ajibade, an inmate at the Chatham County Jail. Also pending
is CV15-0441 styled Al St. Lawrence, Sheriff a/Chatham County, Georgia and Meg Heap,
District Attorney vs. WSA V, Inc. and A den ike Hannah Ajibade and Solomon Oludamisi Ajibade
which concerns the disclosure of certain documents and records related to the investigation.
Formerly pending was CV15-0532 styled Adenike Hannah Ajidabe Solomon, Oludamisi Ajidabe
and Christopher Oladapo vs. Meg Heap in Her Capacity as Eastern Judicial Circuit District
Attorney, which was filed by attorney Will Claiborne on June 9, 2015 in an attempt to have the
district attorney disqualified from investigating or presenting criminal charges related to the
death of Matthew Ajibade.
This action was subsequently dismissed by order of the Court on
July 2, 2015.
The State filed the instant Motion for Gag Order in which it seeks a gag order against the
parties and counsel for and all agents of all parties, including attorneys for the victim's family
and the Defendants. They argue that counsel for the victim's family have made extrajudicial
comments addressing potential trial issues to various media outlets and they attach a number of
articles in support of their contentions.
Counsel for Defendant Maxine Evans argued that there is no evidence before the Court to
support any motion for gag order against any of the Defendants.
Counsel for Adenike Hannah Ajibade, Solomon Oludamisi Ajibade and Christopher
Oladapo filed a Special Appearance Response in Opposition to the State's Motion for Imposition
of a Gag Order in which he argues that the State's Motion should be denied for the following
three reasons: (1) the Court may restrain only those parties and lawyers involved in the above
captioned proceedings; (2) the State failed to allege any facts to support its assertion that counsel
for the victim's family are subject to the Court's exercise of its equitable power in these
proceedings; and (3) counsel for the victim's family has a constitutionally protected right to
speak critically of the government's handling of a case.
WSAV filed a Motion to Intervene in the action for the limited purpose of opposing the
State's Motion for Imposition of a Gag Order.
At the hearing on the motion for gag order, the State submi tted a number of newspaper
articles. William Claiborne and Mark O'Mara, both attorneys for the family of Matthew
Ajibade, are quoted in the various articles.
Some of the statements attributable to Claiborne, although not exhaustive, are as follows:
(1) "[t]he fact that nine people were fired tells us how terrible this incident was. But the family
still has no answers about what happened to Matthew. We again call on the sheriff and DA to be
transparent while we seek justice for Matthew." ; (2) Y ou have to be beyond incompetent to have
tried to get that charge and have failed." "We need a fair and impartial prosecutor." (3) The
family was very distressed to learn the cause and manner of death from their son's death
certificate.; (4) "Right now because the family has been given no info as to what happened they
can't do anything but grieve. They can't have an opinion about what this means that these people
were let go. Except that what happened to their son was truly horrific." ; (5) He said that the
sheriff s office has been too slow to release infonnation in the case. "I expect that all of the
people who have committed any criminal act should be charged, that if anyone took steps to
enact a policy tha (sic) this to occur, that that individual be charged."; (6) "The family is very
distressed to learn that their son was murdered at the jail, with the release, the leak of the death
certificate." "We have been asking since January for openness, we have been asking for
transparency. You saw here yet again the sheriff refusing to provide information." "They should
simply be humane and tell this family what happened to their son."; (7) "Every piece of
information this family has received about their son has been on the news media, or today, Face
book." "If he was in a holding cell with blunt force trauma for two hours, why wasn't he
checked in?" ; (8) "For at least two hours, Matthew was in a holding cell after apparently having
sustained significant blunt force trauma, after apparently having been tased while in full
restraints."; (9) "You don't just punish the infantry men who fired the fatal shot, you punish the
general who made the call." "If the sheriff had a cu( sic) of violence in his j ail, then he needs to
be the subject of an investigation and it appe(sic) me that due to personal relationship and
political relationships, the DA is choosing to engage in that type of investigation." ; (l0) "[i]fthe
district attorney is not willing to then we have no choice but to go to court and bring those
conflicts to light." "We're specifically concerned that the investigation needs to go from the top
down of the sheriff solely on the individuals who may have made bad decisions and engaged in
criminal conduct. ..."
Some of the statements attributable to Mark Q'Mara, although not exhaustive, are as
follows: (I) "There's no blame yet. There are just a lot of questions."; (2) "Matthew was going
places, and they were good places. And we need to know why he's never going to get there."; (3)
"If this guy is in boxing stance, getting some good jabs in, maybe that's not mental illness. If
he's swinging around crazy and his mental illness affected what was going on, that's what they're
supposed to be trained to deal with." "If you break a cop's nose, yes, it's a felony, you're going
to get charged, fine. What's not supposed to happen are injuries caused to a guy because he hit a
cop- and it ends up killing him. If that's what happened, that's first degree murder." "You don't
die from bipolar disorder in a restraining chair." "If he had bee white, would the cops have
listened to his girlfriend and taken him to the hospital? I don't know." "What I do know is his
family deserves to know what in God's name happened to their son."; (4) "A guy who was
bipolar dies in a restraining chair." "You don't die from bipolar disorder. They need to get a
cohesive explanation out as soon as possible. Not only does the family deserve it, the public
does. There area lot of Black males being killed in circumstances that don't make much sense."
"The fiance was calling for help, then you lose him." "We don't know the cause of Matthew's
death." "The Georgia Bureau ofInvestigation conducted an autopsy on January 6 lh and we
expect to get an answer as soon as possible. But even if we discover the cause of Matthew's
death, the autopsy won't necessarily tell us why Matthew died. Why wasn't he taken to the
hospital? Did officers take into account Matthew's mental illness? How was he allowed to die
while in officer's care? You are not supposed to die from bipolar disorder." "In the wake of
Michael Brown and Eric Garner, there is a crisis of confidence in our criminal justice system."
"There is an opportunity now for leaders in Savannah, Georgia to show the nation how to
properly deal with this type of tragedy. We and the rest of the nation is watching." ; (6) "The
Chatham County Sheriffs office has made an important first step in suspending two officers who
interacted with Matthew Ajibade the night of his death, but it is only a first step. A young man is
dead, and he shouldn't be. The family deserves to know why as soon as possible, and we expect
the Chatham County Sheriffs office will be forthcoming, transparent, and expedient in releasing
information about this case."; (7) "Let' s say that they had the autopsy results for three weeks,
four weeks, five weeks, which I think they have. Why are they not telling us? One reason why is
because they don't want us to know. That's not acceptable. We deserve to know. Even ifits
bad, and it may be bad, I think we may find out that Matthew did not just die of natural causes
coincidentally to be in the jail." "They're telling us they are working on it. They first said it
would take a few weeks for an autopsy. That's long done by now and we don' t know what it
said." "Police everywhere need to be trained on how to handle mentally ill individuals. They
have to. When you take someone who's in the throes of a mental event and then incarcerate
them, you're doing the exact opposite of what they need. They need help. They need immediate
care."; (8) The disciplinary action against the two deputies are "a good small step in holding
people responsible for their actions." "We still need questions answered how Matthew's life
was taken from him." " Ajibade was diagnosed with bipolar disorder three years ago and was
having a medical emergency at the time of his arrest and confinement.".; (9) "Metro Police had
an opportunity to use a certain amount of discretion and I don't know how they decided to use it.
I know that that discretion could have been- and it is in many cases- to take a person
the
hospital. They may have very good reasons for using their discretion- we just don't know yet." ;
(l0) O'Mara said he suspects Ajibade was having a manic episode at the jail when deputies "beat
the (expletive) out of him to get control of him." The indictment is "too little to late." "The fact
that the grand jury found that there was aggravated assault coupled with the fact that there was a
death should have led to a felony murder charge unless Heap wasn't really trying to secure that
charge." "That's been our concern all along that she was going to whitewash this case as a
benefit to the sheriff and in derogation to Matthew's death."
"It would be nice to say every one
of them should have been charged with murder, but that might be unrealistic. But here's my
frustration: We have been kept so in the dark about the facts in the case that we really don't
know." ; (11) "(The district attorney) failed to get a felony murder indictment, and that is her
6
responsibility." "They are disappointed that nine out of 12 people involved in their son or cousin
or brother's death have gotten away without any criminal liability." (12) Op Ed piece written by
Mark O'Mara entitled "Response to Sheriff Al St. Lawrence's Press Release"; (13) "It demands
further, absolute transparency." "First of all, they knew (the cause of death) back in January, I'm
sure. This (death certificate) was signed May 8, and a month later we find out about it. .. I just
don't see how they can be so insensitive to the man, and insensitive to the family's grief. They
have hid this from us for five months. It makes no sense."
Also submitted into evidence was an affidavit and a flash drive from WSAV -TV which
contained interviews with family attorney William Claiborne after the press conference by
Sheriff Al St. Lawrence. In the interview given by Mr. Claiborne, he makes a number of
statements including that Matthew Ajibade was murdered, that apparently for at least two hours
he was in a holding cell after having apparently sustained blunt force trauma, and apparently had
been tased while in full restraint.
Called to testify at the hearing were the following four witnesses: Kristen Fulfort, J.J.
Haire, Dana Campbell and Ricky Becker. Kristen Fulfort, the public information officer for the
District Attorney's office, testified regarding email requests from various media outlets for a
comment from the district attorney regarding the instant case.
J.J. Haire, who is employed with
the victim witness office of the District Attorney's office, testified that she had been instructed by
an employee of Mark O'Mara's office, that all communication to the victim's family, should be
directed through his office.
Dana Campbell, with Sidney A. Jones and Campbell Funeral
Services, and Ricky Becker, an investigator with the Chatham County District Attorney's office,
testified regarding the release of the death certificate of Matthew Aj ibade.
CONCLUSIONS OF LAW
"Few, if any, interests under the Constitution are more fundamental than the right to a fair
trial by 'impartial' jurors, and an outcome affected by extrajudicial statements would violate that
fundamental right." [cit omitted]. To guarantee a defendant's Sixth Amendment right to a fair
trial, the Supreme Court has placed "an affirmative duty on trial court's to guard against
prejudicial pretrial publicity." [cit omitted]. Atlanta Journal-Constitution et.a!. V. State, 266
Ga. App. 168, 169, 596 S.E.2d694 (2004). "There can be no question that a criminal
defendant's right to a fair trial may not be compromised by commentary, from any lawyer or
party, offered up for media consumption on the courthouse steps." [cit omitted]. United States v.
Brown, 218 F. 3d 415, 424, (2000).
The U.S. Supreme Court said in Sheppard v. Maxwell, 384 U.S. 333, 350-351,86 S.Ct.
1507, 16 L.E.2d 600 (1966):
'(l)egal trials are not like elections, to be won through the use of the meeting-hall, the
radio and the newspaper' . [cit omitted]. ... 'freedom of discussion should be given the
widest range compatible with the essential requirement of the fair and orderly
administration of justice. , [cit omitted]. But it must not be allowed to divert the trial from
the 'very purpose of a court system ... to adjudicate controversies, both criminal and
civil, in the calmness and solemnity of the courtroom according to legal procedures.'
Mr. Justice Holmes stated in Patterson v. Colorado, ex reI., Attorney General, 205 U.S.
454,462,27 S.D. 556, 558, 51 L.Ed 879 (1907): "[t]he theory of our system is that the
conclusions to be reached in a case will be induced by evidence and argument in open court, and
not by any outside influences, whether private talk or public print."
Georgia Bar Rule 3.6 provides
[a] lawyer who is participating or has participated in the investigation or litigation of a
matter shall not make an extrajudicial statement that a person would reasonably believe to
be disseminated by means of public communication if the lawyer knows or reasonably

should know that it will have a substantial likelihood of materially prejudicing an
adjudicative proceeding in the matter.
( c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable
lawyer would believe is required to protect a client from the substantial undue prejudicial
effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement
made pursuant to this paragraph shall be limited to such information as is necessary to
mitigate the recent adverse pUblicity.
American Bar Association Disciplinary Rule DR 7-107 (A) provides:
[a] lawyer participating in or associated with the investigation of a criminal matter shall
not make or participate in making an extrajudicial statement that a reasonable person
would expect to be disseminated by means of public communication and that does more
than state without elaboration:
(1) Information contained in a public record.
(2) That the investigation is in progress
(3) The general scope of the investigation including a description of the offense and, if
permitted by law, the identity of the victim.
(4) A request for assistance in apprehending a suspect or assistance in other matters and
the information necessary thereto.
(5) A warning to the public of any dangers.
In the case of Atlanta Journal -Constitution et.a!. V. State, 266 Ga. App. 168,596
S.E.2d694 (2004) the Court found that Rule 3.6 requires a finding that extrajudicial statements to
the media will have a substantial likelihood of materially prejudicing a trial. Id. at 170.
Additionally, the trial court must make specific findings of fact based on evidence of record
regarding the possible impact of extrajudicial statements upon the forthcoming trial.
The District Attorney moves the Court for an order directed at "the parties and counsel
for all agents of all parties, including the attorneys for the victims family and the Defendants to
refrain from making any statements regarding or releasing information concerning, the abovereferenced case that they know or reasonably should know will have a substantial likelihood of
materially prejudicing an adjudicative proceeding ...."
The Court finds that the State has failed to present any evidence regarding any
extrajudicial statements made by the Defendants or their attorneys and therefore, the request for a
gag order as to these parties is DENIED.
On the other hand, the State has presented a plethora of evidence, including but not
limited to newspaper articles and interviews, evidencing extra judicial statements made by
William Claiborne and Mark O'Mara, both of whom have identified themselves as attorneys for
the Ajibade family.
With regard to attorney William Claiborne, he has made a number of extrajudicial
statements, including but not limited to, statements regarding lack of information provided to the
family of Matthew Ajibade, statements regarding facts surrounding the death of Matthew
Ajibade, and the investigation by the District Attorney. He has given interviews to the television
stations and made comments which have been posted in various newspaper articles regarding the
instant action. Because of his filing of an action for mandamus against the District Attorney's
office requesting her removal with regard to her prosecution of the instant matter, the Court finds
that he has "participated in the ...litigation of a matter. .. " as contemplated by Georgia Rule of
Professional Conduct 3.6 (a) by inserting himself into the litigation.
Therefore, the only question which remains is whether the extrajudicial comments made
by Mr. Claiborne "will have a substantial likelihood of materially prejudicing the trial." The
Court finds that they will. This Court has presided over a number of high profile cases, one of
which required that ajury be selected from citizens outside Chatham County and is well versed
in pretrial publicity affecting the selection of a fair and impartial jury. The Court finds that the
statements made by William Claiborne, which began after the death of Matthew Ajibade on
10
January 1,2015, and has continued into June 2015, are an attempt by counsel to create sympathy
for the family of Matthew Ajibade. Mr. Claiborne indicated in his petition for mandamus that
the Ajibade family will be filing a civil suit against any and all patties responsible for the death
of Matthew Ajibade and has indicated that "there is a significant probability that Defendant Heap
will be named as a defendant in that action." The Court finds that the numerous statements made
by William Claiborne over the past six months will have a substantial likelihood of materially
prejudicing the trial because they will affect the ability to secure an unbiased jury panel and could
result in a change of venue.
The Court is not persuaded by the arguments of counsel that this Court does not have
jurisdiction to restrain him because he is not an attorney representing a party in the above
captioned proceedings. The Court has found that Mr. Claiborne has "participated in the ...
litigation" of this matter by insetting himself through the filing of a mandamus action to remove
the district attorney. He is clearly bound by Georgia Rule of Professional Conduct 3.6.
Additionally, while counsel for the victim's family has a constitutionally protected right to speak
critically of the State's handling of a case, this must be balanced with the trial court's affirmative
duty to ensure that the Defendants' receive a fair trial.
Therefore, based upon the foregoing, the COUlt GRANTS the State's request with regard
to a gag order as to attorney William Claiborne.
As to attorney Mark O'Mara, who also has indicated that he is an attorney representing
the Ajibade family, the Court finds that a number of extra judicial statements have been made,
including an op ed piece that was written in response to the press release issued by Chatham
County Sheriff Al St. Lawrence. Mr. O'Mara has not filed a motion to be admitted pro hac vice
11
pursuant to Unifonn Superior Court Rule 4.4. 3 The COUlt finds that since Mr. O'Mara has not
filed a motion to be admitted pro hac vice, he is not subject to Georgia Rule of Professional
Conduct 3.6. He is subject to American Bar Association Disciplinary rule DR 7-1 07(A),
however, that rule only provides for a "lawyer participating in or associated with the
investigation of a criminal matter." The COUlt finds that no evidence has been presented to
indicate that Mr. O'Mara has participated in the investigation of the criminal matter, only that he
has participated in the litigation, for example, by advising the victim witness advocate that his
office is the contact for the Ajibade family. Although it is concerning to the COUlt that Mr.
O'Mara has made numerous extrajudicial statements regarding this matter and has participated in
the litigation of this matter, the COUlt finds that it has no jurisdiction over him in which to issue
a gag order.
The Court further finds that nothing in this order is directed at the media, and therefore,
it cannot be classified as a prior restraint. See Atlanta Journal-Constitution et.al. supra at 168.
WHEREFORE, pursuant to Georgia Bar Rule 3.6, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the State's Motion for Gag Order is GRANTED as to
William Claiborne, a Georgia licensed lawyer, who is governed by the Georgia bar rules. Mr.
Claiborne is prohibited from making any statement that he should know will have a substantial
likelihood of materially prejudicing an adjudicative proceeding in this matter. He is entitled to
comment on those subjects as outlined in Comment 5(B) under Rule 3.6 of the Georgia Rules of
Professional Conduct. This order shall be in effect until such time as there is a resolution is the
JThe Court notes however that Mr. Q'Mara appeared at a hearing on June 29, 2015 before
the Honorable Michael L. Karpf in CV 15-0532 and was allowed to sit at counsel table with
William Claiborne to assist.
12
above styled cases.

SO ORDERED this
cc:
/fl
day of ___tL--r-----7---
All parties
13
,
IN THE SUPERIOR COURT OF CHATHAM COUNTY '1/ :' D}t C ~:: . C ::
ST ATE OF GEORGIA
Al St. Lawrence, Sheriff of Chatham
County, Georgia, and Meg Heap, District
Attorney,
Plaintiffs,
v.
WSA V, Inc., Adenike Hannah

Ajibade and Solomon Aludamisi Ajibade,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. CV15-0441-KA
ORDER
This action for declaratory judgment was filed by the sheriff and district attorney of
Chatham County. Plaintiffs seek a declaration from the court protecting them from the obligation
to release certain records sought by defendant WSA V arising from the death of an inmate at the
. Chatham County Detention Center. Subsequent to the filing of this action the surviving family of
the inmate, Mathew Ajibade, sought to intervene as defendants. The intervention was without
objection and was granted.
Following the death of Mr. Ajibade, the sheriffs office launched an internal investigation
into the circumstances and also called in the GBI. As a result of the sheriffs investigation, a
number of deputies and employees were either fired, resigned or retired. The sheriff turned over
his internal investigation to the GBI, and the GBI ultimately delivered its report and the
accompanying evidence to the district attorney. Subsequently, the grand jury returned
indictments against two deputies and a health care employee who worked at the jail.
The Open Records request filed by WSA V seeks the records from the sheriffs internal
affairs investigation of the incident. The sheriff and district attorney oppose release of this
material, relying on the pending prosecution exemption contained in OCGA 50-18-72 (a)( 4).
WSAV, for its part, contends that the internal affairs investigation has concluded, and therefore
pursuant to 50-18-72 (a)(8) should be released. As well, WSAV argues that the pending
prosecution exemption does not apply to the sheriff because the sheriffs office is "an agency that
is the subject of the pending investigation or prosecution." OCGA 50-18-72 (a)(4).1
Upon careful consideration of the arguments and the controlling principles of law, the
court concludes that these records are not subject to release as requested . Although the court
acknowledges the points made by WSAV, the fact remains that an active prosecution of
individuals involved in the unfortunate death ofMr. Ajibade is pending. The court finds it
impossible to parse out the sheriffs internal investigation from the prosecution, such that one
portion of the record should be released while the remainder is not. It is also difficult to reconcile
why the investigation by the sheriff should be released, while the same information in the hands
of the DA is protected by the exception in subsection (a)(4). As noted in earlier decisions,
subsection (a)(4) "broadly exempts from disclosure the entirety of such records to the extent they
are part of a 'pending investigation or prosecution' ...." Unified Government ofAthens-Clarke
County v. Athens Newspaper, LLC, 284 Ga. 192 (2008), citing Atlanta Journal & Constitution v.
City ofBrunswick, 265 Ga. 413, 414 (1995). Ifthe same records being used by the district
attorney to prosecute the pending indictments can simply be obtained from the sheriff, the
legitimate purpose of the exception would be frustrated, i.e., the protection of a pending
prosecution.
The court is aware that there is wide spread public interest in this case. The court also
recognizes the obligation of WSAV and the other news organizations to report on matters of
public interest, as well as the public's right of access to records of the institutions of government.
In the present case, however, the question is not whether the information will be disclosed, but
when. The court notes that at least one of the indicted defendants has filed a demand for speedy
trial which will accelerate the trial process. The public's right to know will be satisfied during the
trial, which will be sooner rather than later. Any release of the information sought at this juncture
lUnder this subsection, if the agency is the subject of the investigation, then the pending
investigation or prosecution exemption does not apply. Here, the sheriffs office itself was not
being investigated, rather individuals who worked for the sheriff were under investigation for
their role in the death.
2
would fly in the face of the purpose of the legislatively enacted exemption.
The court also notes that release of this material, especially the video from jail
surveillance cameras would likely be broadcast and disseminated widely in this jurisdiction, as
well as in other parts of the state. The court expects that this widespread release would have a
significant impact on jury selection, making it difficult to obtain a fair and impartial jury for the
upcoming trial.
Accordingly, the court declares that plaintiffs are not required to disclose the material
sought by defendants pursuant to the Open Records act. 2
SO ORDERED this
J..Q. day of July, 2015.

Michael L. Karpf, Chief Judg Superior Court
Eastern Judicial Circuit of Georgia
cc:
Sarah R. Craig, Esq.

David E. Hudson, Esq.
R. Jonathan Hart, Esq.
Jennifer R. Burns, Esq.
William R. Claiborne, Esq.
Bates Lovett, Esq.
Patrick T. O'Connor, Esq.
2In light of the foregoing, the court finds it unnecessary to address the claims of the
intervening defendants.
sh-ill
Al
St
OFFICE OF THE SHERIFF

CHATHAM COUNTY, GEORGIA
Jail Adminirtrdtot
CoioEi Thonas M. Gilb,g
laweme
Chief
Detuq
As sisant I
Roy J. Harris
ail Admintsmar
Melissa S. Kohne
Enforcenent Opetatbrs Admiistratm
lail Opentiats
Major Kimberly c. Middleron
Colonel Brian M. Counihan, Sr.

Assistant Enforcenenr Adminisnat,r
Iail SecuitL
Major Cloria G. Wilson
Major Russell A. Smith
May 8, 2015
Corporal Jason Kenny

Chatham County Sheriffs Office
Corporal Kenny:
Effective today, you are terminated from your employment with the chatham County sheriffs Office.
As you are aware, your actions on January 1, 2015 that resulted in the death of an inmate are under
investigation by the District Attorney and the Georgia Bureau of Investigation.

| find sufficient policy violations to terminate your employment irrespective of the outcome of any
criminal investigation. In addition to termination, please note that the Sheriff will report this mater to
the Georgia Peace Officers Standard and Training (POST) Council.
You are directed to turn in your badge, keys, and all other County issued property and
equipment, remove any personal belongings you may have, and exit the premises. your finar
paycheck will be mailed to you at your home address on file. you can expect a separate
package from Human Resources regarding any pension information and eligibility
for
consolidated omnibus Budget Reconciliation Act (coBRA) continuation of group health

coverage.
You have 7 days from the receipt of this letter to appeal my decision to Sheriff Al St Lawrence.
Should you have questions, you may contact either the Human Resources Director, Carolyn Smalls, or
the County Attorney's Office.

Sincerely.
Enforcement Bureau - PO. Box 10026 - Savannah, CA 31412

Jail - 1050 Carl cd{fin Drive, GA 31405
5'd-/s
Telephone (912) 652-7634 . Fzx l9lZl 652.7 660

Glephone (912) 652-7650 . Fax (912) 652.7660
sr.""ift

la.il Adninisttdtor
faurena
Cololel Thoma M. Ciiberg
Detuq
Roy J. Harris
Assisttlnt I ail Admiîstrator

Mel sa S. Kohne
Enforcemnt Operatiors Adninis*ator

Major Kimberly G. Middleron
AI
Sr
Cl|.ief
Assista^t E^forceme
Major Russell
Jail Opetutiors
t Ahnir.isnatai
A. Smirh
luil Secuntl
Major Cloria G. Wihon
Corporal Maxine Evans

Corporal Evans:
Effective today, you are terminated from your employment with the Chatham County Sheriffs Office.
As you are aware, your actions on January 1, 2015 that resulted in the death of an inmate are under
investigation by the District Attorney and the Georgia Bureau of Investigation.

I find sufficient policy violations to terminate your employment irrespective of the outcome of anv
criminal investigation. In addition to termination, please note that the Sheriff will reoort this matter to
Georgia Peace Officers Standard and Training (POST) Council.
This is to inform you that your employment with the chatham county
sheriffs Department is
terminated effective immediately. The results of an Internal Affairs investigation regarding the
events that led to the death ofan inmate on January t,2ols, which included a review ofyour
conduct, has led to the conclusion that your termination is warranted.
equipment, remove any personal belongings you may have, and exit the premises. your final
for
Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of group health

coverage.
Should you have questions other than the request to appeal your termination, you can contact either
Human Resources Director, Carolyn Smalls, or the County Attorney's Office.
Sincerely,
Enfotcement Bureau - PO. Box 10026 , Savannah.

Jail - 1050 Carl Griffin Drive, GA 31405
cA
31412
Telephone (912) 652-7634 - Fax (9lz) 652.7660

Telephone (912) 652.7650 -Fzx (9rZ) 652-7660
Ai

Sh.ill
laueff
lail Adniîsnabr
Thom M. Gilberg
Sc
Colorel
Ckef Deputl
Assiltant I ail Ahninbtratjr

Melissa S. Kohne
Roy J. Harris
Enlorccmert Opetatbns Adminktraror
Colonel Brian M. Counihan,
lail ODerutbr"
Major Kimbeny G Middleton
Sr.
Assistant Erforcement Adminbtratcn
Iail Sednq
Major RussellA. Smith
Major Gloria G. Wilson
May 8, 2015
Private Eric Vinson

Private Vinson:
find sufficient policy violations to terminate your employment. The totality of the circumstances of
your employment, to include but not limited to your actions and inactions ofJanuary
resulted in the death of an inmate, merit your dismissal.
l,
2015 that
The District Attorney is currently reviewing that internal investigation as well as the
investigation conducted by the Georgia Bureau of Investigation. lrrespective of whether or not
any action is taken by the District Attorney, I conclude your termination is warranted.
equipment, remove any personal belongings you may have, and exit the premises. Your final
paycheck will be mailed to you at your home address on file. You can expect a separate
package from Human Resources regarding any pension information and eligibility for
coverage.
You have 7 days from the receipt of this letter to appeal my decision to Sheriff Al
St Lawrence.
Should you have question other than a request to appeal your termination, you can contact either the
Enforcement Bureau . PO. Box 10026 - Savannah, GA

Jail - 1050 Carl Griffin Drive, GA 31405
ll4l2
Terephone (912) 652-7634 . Fax (9r2) 652.7660

Telephone (912) 652-?650. Fax (912) 652'?660
Al
shm//
lauren..

St
CIi.l DetutJ
lo.il Adminknatur
ColoEl Thotus M. cilbds
Roy J. Hanis
I.!sL\un r I ail Adminis|.Jatot

Melissa S. Kohoe
Enforcefienr OpentiorLt Adminkl:,atot

Major Kimberly G. Middleton
lail OpefltiLms
A.ssistant Enlorcanett
Adninisttaar
Jdil Secrnry
Major Gloria C. Wilson
May 8, 2015
Private Abram Burns

Private Burns:
Effective today, you are terminated from your employment with the chatham County sheriffs Office.
your employment, to include but not limited to your actions and inactions ofJanuarv 1, 2015 that
equipment, remove any personal belongings you may have, and exit the premises. your finat
package from Human Resources regarding any penslon information and eligibility for
coverage.
You have 7 days from the receipt ofthis letterto appeal my decision to SheriffAl St Lawrence.
Human Resources Director, Carolyn Smalls, or the County Attorney's Olfice.
Colonel Brian M. Counihan. Sr.
.-ga--7'/{
Enforcement Bureau , PO. Box 10026 - Savannah, GA 31412
JaiI . 1050 Carl Griffin Drive, cA 31405
Telephone (912) 652-7634 'Fax l9r2) 652-7660

Telephone (912) 652-76 50 - Eax \9121 652.7 660
sh.r,/l
Ai
St

laserce
Chief Deputy
Roy J.
lail Ad'f'iniliabt
Coloael T[ornas
M. Gil]og
lail Administrator
Melissa S. Kohnc
Asststa^t
Hanis
Enforcenent Operariors AdrninLstratar
lail
OperutiorLs
Coloncl Brian M. Counihan, Sr.
Major Kimberly G. Middleron
Assiswlt E^[orcement Administratot

Jdil Secrn!)
Major Cloria G. t0ilson
May 8, 2015
Private Christooher Reed

Private Reed:
Effective today, you are terminated from your employment with the chatham county Sheriffs Office.
find sufficient policy violations to terminate your employment. The tota lity of the circumsta nces of
your employment, to include but not limited to your actions and inactions ofJanuary 1, 2015 that
resulted in the death of an inmate, merit your dismissal,

equipment, remove any personal belongings you may have, and exit the premises. Your final
coverage.
St Lawrence.
J7-a' /J
Enforcement Bureau - PO. Box 10026 - Savanruh. GA 31412

Jail - 1050 Carl Grifffn Drive, GA 31405
Terephone (912) 652.7634. Fax \9t2), 652.7 660

Grephone (912) 652.7650 . Fax \9121 652-7660
Slrif/
Al

JcLiI
Sr lautence
Chief Depur)
Roy J.
Administratar
Colonel Thoms
M. Gilkrg
Assi,ra t |ail 1lmiîsna@r

Melissa S. Kohne
Hanis
Enforcenart Wario s Administraror

lail Operatiav
Major Kimberly G. Middleton
Enfarceme r Adrniflit]'lator
lail Secwitl
^sistant
Majot Russell A. Smith
Major Gloria G. Wilson
May 8, 2015
Private Burt Ambrose

Private Ambrose:
find sufficient policy violations to terminate your employment. The totality ofthe circumstances of

for

coverage.
You haveTdaysfrom the receipt
ofthis letter to appeal my decision to Sheriff AlSt Lawrence.

Human Resources Director, Carolyn Smalls, or the County Attorney,s Office.
Colonef Brian M. Counihan, Sr.
Enfotcement Bureau - PO. Box 10026 - Sarannah, GA 3l4r2

Jail - t050 Carl Griftin Ddve, GA 31405
{_ f,- ,z-S-
Telephone (912) 652-7634 . Fax l9l2l 652-766o

"felephone (912) 652.7650 . Fax (9121 652.7660
Sl'..if

CHAIHAM COUNTY, GEORGIA
AlStl,avmce
lail Administtatot
Colotul fiornas M. cilbds
Chiel Depuq
Assistr;nt
I ail AdminLt:,ator
Melissa S. Kobne
Roy J. Harris
Enforcenmt Ope'anf'x Admink/laror

Colonel Brian M. C,ounihan, Sr.
Major Kinberly C. Middleton
Assiuant Enfofte''.{'!t AdminisnatI.t

lail SecuitJ
Major Glorie G. Vihon
lail Opentins
May 8, 2015
Private Frederick Burke

Private Burke:
Effective today, you are terminated from your employment with the Chatham county Sheriffs Office.
find sufficient policy violations to terminate your employment. The tota lity of the circumsta nces of

coverage.
St Lawrence.
"-17Enforcement Bureau . PO. Box 10026 - Savannah. GA 31412
Jail.
1050 Carl
Grifftn Drive, GA 31405
6-
Glephone (912) 652.7634 - Fax 1912) 652-7660

Telephone (912) 652-7650 -Eax (9t2) 652,7660
ShfJifl
Ai

CTIATHAM COUNTY, GEORGIA
Sr la@ence
Chizf
JdilAdminiJt'aror
M. Gibers
Colonel TtDmai
Dqtr
Assisrant I atl AdrniflittJ atar
Roy J. Harris
Melissa S. Kohne
O4ations Adminktrarot
Enforcement
ld'il Opetutiot:'s
Major Kimberly C. Middleton
Assistant Enforcenmt Administtatot
Jdil
Major Cloria G.
Seclrit)
Mlson
May 8, 2015
Private Andrew Evans-Martinez

Private Evans-Martinez:
Effective today, you are terminated from your employment with the chatham County Sheriffs office.
investiSation conducted by the Georgia Bureau of Investigation. lrrespective ofwhether or not

coverage.
Enfotcement Bureau - PO. Box 10026 - Savannah, GA 31412

Jail . 1050 Carl Griffin Drive, GA 31405
Telephone (9r2) 652.?634 . Fax (912) 652.7660

Telephone (912) 652-?650 . Fax l9r2l 652.7660

siailt
AIS! lrwence
Ja!l AJnin nIr.! !or
colonel Thomar
Chief De\ut)
Roy J. Harris
G,lbeiq
Asrstant Jrrii Adminlstrator

Mcl sr S. Kohnc
Enfarcement apcrations k)ministr attr
lail Opentiotls

Assistant Enforc cment
v.
Major KnnbcLly G. Middleton
N)ninktrator
JarlSecanrl
Major Ru$scll A. Snlidr
Maj.r Glffir c. \qikon
May 8, 201s
Private Paul Folsome

Private Folsome:
Effective today, you are terminated from your employment with the Chatham County Sheriff's Office.
your employment, to include but not limited to your actions and inactions ofJanuarV 1, 2015 that
resulted in the death of an inmate, merit vour dismissal.
investiSation conducted by the Georgia Bureau of Investigation. lrrespective ofwhetheror not
coverage.
Shouldyou have question otherthana requesttoappeal your termination, you can contact either the
-f-f't{
tsnforcement Bureau - PO. Box 10026, Savannah, GA 31412
Jail- 1050 CarlGrifffn Drive, GA 11405
Telephone (912) 652-?634 ' Fax \912) 652.766A

Telephone (912) 652-7650 - lax (912) 652-7660
MEDIA ADVISORY
May8, 2015
For Immediate Release
Sheriff St Lawrence Makes Statement

Sheriff Al St Lawrence has taken numerous steps within his department as a result of the death of
Matthew Ajibade. As he said in his statement of Wednesday, the Sheriff deeply regrets the death of Mr.
Ajibade.
On January 2, 2015, the Georgia Bureau of Investigation (GBI) began its external review of the conduct
of those individuals within the Sheriffs Office present at the facility during the incident on January 1,
2015. In a parallel investigation, the Internal Affairs Division of the Sheriffs Office began a review, not
only of the personnel involved, but of the policies of the Department. Upon receipt of the GBIs
completed investigation, approximately two weeks ago, the Sheriff instructed Internal Affairs to again
review the actions of the deputies involved as well as the policies of the Department with the evidence
obtained by the GBI. In accordance with those investigations, today the Sheriff has taken the following
steps:
Nine (9) deputies have been terminated from employment today:
Cpl. Maxine Evans
Cpl. Jason Kenny
Pvt. Eric Vinson
Pvt. Abram Burns
Pvt. Christopher Reed
Pvt. Burt Ambrose
Pvt. Paul Folsome
Pvt. Frederick Burke
Pvt. Andrew Evans-Martinez
Greg Capers, Benjamin Webster and Lt. Debra Johnson are no longer employed with the Sheriff Office.
Capers and Webster were terminated for policy violations not related to this incident and Lt. Johnson
has retired.
Gena Bilbo - Public Information Director
Chatham County Sheriff's Office

Office: 912.652.7606 | Cell: 912.660.9571 | gmbilbo@chathamcounty.org
Simultaneously with the release of this statement, the Sheriff is releasing the personnel files and
termination letters of the first nine individuals named above. As both the Internal Affairs and GBI
reports are currently in the hands of the District Attorney for her independent review to take action as
she deems appropriate, the Sheriff is not releasing those reports.
The Sheriff instructed the County Attorney to initiate legal proceedings last Monday in Chatham County
Superior Court to determine if the Internal Affairs files are subject to release during the ongoing criminal
investigation. The Sheriff will abide by the decision rendered by Superior Court. Until such time as the
Court rules or such time as the District Attorney concludes the ongoing criminal investigation, the Sheriff
will not release any additional information.
Also, as announced on Wednesday, the Sheriff has instituted policy changes as a result of these parallel
investigations. Those changes include:
New booking procedures to ensure immediate notification to onsite medical
personnel when a person with medication arrives for the booking process.
New security procedures with the jail to audit the use of Taser devices and reconcile
such use with standard documentation and current Use of Force policies.
The Cell Extraction and Removal Team (CERT) will be reviewed and have a renewed
focus of discipline and use of non-lethal force.
A clear written policy of when Tasers may not be used.
All questions regarding any potential criminal prosecution should be directed to the District Attorney
Gena Bilbo - Public Information Director
Chatham County Sheriff's Office

Office: 912.652.7606 | Cell: 912.660.9571 | gmbilbo@chathamcounty.org
General Civil Case Filing Information Form (Non-Domestic)
Docket#
(;V15 / O~1Q.( KA
PlaintitT(s)
Middle I.
First
MM-DD-YYYY
HEAP,MEG
Suffix Prefix
Maiden
Last
Sutlix Prefix
Maiden
Last
AJIBADE, SOLOMON O.
Last
oltd.) ~/ i:OtS
Defendant(s)
AJIBADE, ADENIKE H.
Last
Date Filed
County CHATHAM
Court
[Q' Superior
o State
First
Middle I.
First
Middle I.
SUftlX Prdix
Maiden
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT
OLADAPO, CHRISTOPHER
First
Middle I.
Suftix Prefix
Maiden
DISTRICT ATTORNEY
Last
First
Middk 1.
Suffix Pft:fix
Maidt:n
Last
First
Middk 1.
Suffix Prefix
Maiden
Last
First
Middle 1.
Suffix Prefix
Maiden
Last
First
Middle I.
Suffix Prefix
Maiden
No. of Plaintiffs
No. of Defendants- - -
PlaintifflPetitioner's Attorney
o Pro Se
CLAIBORNE, WILLIAM R.
First
Last
Middle [
sumx
Bar # 126363
Check Primary Type (Check only ONE)
o
o
Contract/Account
o
o
o
Real Property
'0
Equity
o
o
Habeas Corpus
Post Judgement Garnishment, Attachment, or

Other ReI ief
o
o
Non-Domestic Contempt
II!
Other General Civil SpecifY Disqualification
Wills/Estate
Dispossessory/Distress
Presonal Property
If Tort is Case Type:
(Check no more than TWO)
Auto Accident
Premises Liability
Medical Malpractice
Other Professional Negligence
Product Liability
Other SpecifY
Appeals, Reviews
Tort (If tort, fill in right column)
pursuant to O.C.GA 15-18-5
Are Punitive Damages Pleaded? 0 Yes 0 No
~ I hereby certify that the documents in this filing

(including attachments and exhibits) satisfy the
requirements for redaction of personal or
confidential information in O .e.G.A. 9-11-7.1
ENTERED JPK
JUN - 9 2015
IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA
ADENIKE HANNAH AJIBADE,
SOLOMON OLUDAMISI AJIBADE, and
CHRISTOPHER OLADAPO,
Plaintiffs,
)
)
)
)
v.
MEG HEAP IN HER CAPACITY AS
EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.
Civil Action No.: CVlS-
bS ~ It
)
)
)
)
)
)
)
)
)
)
)
-J3
"'-=>
pg
c::;)
c.n
'
"" .:s
:z
a:>
N
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.::::0
,:-;;
....
c::::5
PETITION FOR MANDAMUS AND DISQUALIFICATION

COME NOW PLAINTIFFS, Adenike Hannah Ajibade, Solomon Oludamisi Ajibade, and
. Christopher Oladapo, and file this Petition for Mandamus and Disqualification against Defendant
Meg Heap ("Heap") in her capacity as Chatham County District Attorney, showing the Court as
follows:
INTRODUCTION
Plaintiffs file this Petition pursuant to O.C.G.A 15-18-5 seeking the disqualification
of Defendant Heap and the office of the Eastern Judicial Circuit District Attorney from
any further action in investigating or presenting criminal charges based upon the actions
which caused the death of Mathew Ajibade and for the appointment of District Attorney
pro tempore in all matters related to the death of Mathew Ajibade.
Page 1 of 12
Ajibade, et al. v. Meg Heap
Superior Court of Chatham County
ENTERED JPK
JUN - 9 2015
JURISDICTION AND VENUE
1.
This is an action brought pursuant to O.CG.A. 15-18-5. This Court has jurisdiction to
entertain the Plaintiffs action.
2.
For purposes of venue, all Defendant Heap is a resident of Chatham County, Georgia and
Chatham County, Georgia is the county in which a substantial part of the business described
below was transacted. O.CG.A. 9-10-93; Ga. Const. Art. VI, 2,
VI. Venue is proper in this
Court.
PARTIES
3.
Plaintiffs are the immediate surviving family members of Mathew Ajibade, an arrestee
who was killed while in the custody of Chatham County Sheriff deputies in early 2015.
4.
Defendant Meg Heap is the District Attorney for the Eastern Judicial Circuit and is
subject to suit in actions of this kind and nature. Defendant Heap may be served through her
office at: 133 Montgomery St., 6th Floor, Savannah, Georgia.
COUNT I
DISQUALIFICATION OF DEFENDANT HEAP
AND THE OFFICE OF THE EASTERN CIRCUIT DISTRICT ATTORNEY
5.
Plaintiffs repeat and re-allege paragraphs 1-4 as though fully set forth herein.
Page 2 of 12
6.
Pursuant to O.e.G.A. 15-18-5(a), a District Attorney is disqualified from a case when

he or she has an interest in the outcome of the case or a relationship with either the victim or the
accused.
DEFENDANT HEAP'S RELATIONSHIP WITH THE
ACCUSED SHERIFF IN SPCV1S-0441-J3
7.
On May 4, 2015, Defendant Heap and Sheriff Al St. Lawrence sued WSAV, Inc. in the
Superior Court of Chatham County. Said suit, SPCVI5-0441-J3, seeks a declaratory judgment
that neither Defendant Heap nor Sheriff St. Lawrence be required to release information to
WSAV, Inc. under the Georgia Open Records Act, O.C.G.A 50-18-70 et seq.
8.
WSAV, Inc. did not request any records from Defendant Heap. However, Defendant
Heap voluntarily inserted herself into the controversy between WSA V and Sheriff St. Lawrence.
9.
Defendant Heap and Sheriff St. Lawrence are co-plaintiffs in SPCV 15-0441-J3 and even
share the same attorney in said suit.
10.
The Plaintiffs in this action have intervened in SPCV 15-0441-J3 and are Defendants in
said case.
Page 3 of 12
11.
The Ajibade family has claims against Defendant Heap and Sheriff St. Lawrence which
have been asserted in SPCVI5-0441-J3.
12.
Thus, Defendant Heap is embroiled in contested litigation against the Ajibade family, the
surviving family of the victim in the criminal case.
13.
Sheriff St. Lawrence, is a potential defendant in the criminal case, and his actions and/or
inactions should be under investigation by Defendant Heap.
a. It has been widely reported that 195 inmates were tased in the Chatham County Jail in
2014, a rate far higher than were tased, for example, by the Savannah-Chatham
Metropolitan Police Department or were tased at the at the Richmond County Jail.
Failure to institute proper policies for the use of tasers should subject the Sheriff to
criminal charges.
b. Video has been released showing several of the CCSO officers who participated in
the killing of Mathew Ajibade engaging in violence and excessive force against other
inmates both before and after Mathew Ajibade's death. Creating a culture of violence
and sadism should subject the Sheriff to criminal charges.
c. Instituting a policy of allowing restrained inmates to be tased should subject the
Sheriff to criminal charges.
d. It has been reported that the Watch Commander' s Log Book was altered
approximately fifteen to twenty-one hours after Mathew Ajibade was killed. If the
Page 4 of 12
Sheriff allowed or encouraged the alterations of that log book to conceal the manner
in which Mathew Ajibade died, then the Sheriff should be subjected to criminal
charges.
14.
Both Defendant Heap and Sheriff St. Lawrence are seeking a court order debarring the
Ajibade family and the public from records which would reveal the circumstances of Mathew
Ajibade's death.
15.
By voluntarily inserting herself into SPCV15-0441-J3 on the side of a potential criminal
defendant and sharing a lawyer with that defendant, Defendant Heap has placed herself in
opposition to the victim's family.
16.
This alliance with a potential criminal defendant in opposition to the victim's family has
placed Defendant Heap in an impermissibly conflicted position, and she must be disqualified
from any further action in investigating or presenting criminal charges based upon the
actions which caused the death of Mathew Ajibade.
DEFENDANT HEAP'S POLITICAL ALLIANCE
WITH THE ACCUSED SHERIFF
17.
Sheriff St. Lawrence contributed to the election campaign of Defendant Heap twice in
2012.
Page 5 of 12
18.
Defendant Heap and Sheriff St. Lawrence both employed David Simons as their political
consultant and campaigned in concert with one another in 2012.
DEFENDANT HEAP'S REFUSAL TO INVESTIGATE OR PROSECUTE

HER POLITICAL ALLIES AND/OR SUPPORTERS
19.
Since becoming District Attorney, Defendant Heap has failed or refused to investigate or
prosecute individuals or entities that are also represented by her political consultant, David
Simons. Further, Defendant Heap has failed or refused to investigate or prosecute individuals or
entities that contributed to her election 2012 campaign.
20.
Defendant Heap received a campaign contribution from Walter Murphy of the company
lE. Dunn Construction d/b/a Rives Worrell. David Simons was the lobbyist for said company at
all times relevant to this litigation.
21.
Defendant Heap has failed to investigate or prosecute one or more employees of lE.
Dunn Construction d/b/a Rives Worrell when false statements were made on sworn bid
documents to secure a $21 million contract for the replacement of Hesse Elementary School.
22.
Defendant Heap received a campaign contribution from Jim Turner of the J.T. Turner
company.
Page 6 of 12
Ajibade, et aI. v. Meg Heap
23.
Defendant Heap has failed to investigate or prosecute one or more employees of J.T.
Turner when, upon infonnation and belief, false statements were made to property owners that
subcontractors had been paid, when in fact said subcontractors had not been paid.
24.
At all times relevant to this litigation, David Simons served as the lobbyist for both J.E.
DUlUl Construction d/b/a Rives Worrell and several other corporations. David Simons was paid
by these corporations.
25.
Additionally, David Simons served as a campaIgn consultant for
VarIOUS
political
candidates, including, but not limited to, Defendant Heap and Sheriff St. Lawrence.
The
political candidates paid David Simons.

26.
Although drawing a salary from the campaigns of Defendant Heap and Sheriff St.
Lawrence and other political candidates, David Simons would also donate money back to all of
the campaign committees from which he was being paid. Rather than donating back a portion of
his salary, David Simons was serving as a straw donor for the corporations for which he lobbied.
27.
Failing to register as a lobbyist violates O.C.G.A. 21-5-70 et seq. Masking campaign
contributions violates O.C.G.A. 21-5-30 et seq. Notwithstanding these violations of law by
David Simons, and the personal knowledge of Defendant Heap that these laws were being
violated, Defendant Heap has failed to investigate or prosecute David Simons.
Page 7 of 12
Ajibade, et at. v. Meg Heap
28.
Due to Defendant Heap's failure or refusal to prosecute her campaign contributors, David
Simons, and/or clients of David Simons, the Plaintiffs have a real and reasonable fear that
Defendant Heap will not investigate the death of Mathew Ajibade fairly and impartially.
29.
Specifically, the Ajibade family
IS
afraid that Defendant Heap has chosen not to
investigate Sheriff St. Lawrence.

30.
Defendant Heap performed no investigation into this case for approximately five months
after Mathew Ajibade's death. Rather, Defendant Heap ignored her responsibility to review and
investigate the criminal death of an inmate in her jurisdiction, and instead deferred her
responsibilities to other law enforcement agencies, opting to sidestep an investigation which
would have led to the doorstep of Sheriff St Lawrence, and, eventually, to her own failures
regarding her obligations to inspect the Chatham County Jail.
31.
Since receiving an investigative report from the GBI, Defendant Heap and Sheriff St.
Lawrence have openly coordinated with each other in an attempt to shift one hundred percent of
the blame for Mathew's death onto lower ranking officers and to conceal information from the
Ajibade family and public records from the public.
Page 8 of 12
32.
For the foregoing reasons Defendant Heap must be disqualified from any further action
in investigating or presenting criminal charges based upon the actions which caused the
death of Mathew Ajibade.
DEFENDANT HEAP'S INTEREST IN THE OUTCOME OF THE CASE

33.
The Chatham County Grand Jury has a duty under O.e.G.A. 15-12-71(b)(1) to conduct
an annual inspection of the Chatham County Jail.
34.
Defendant Heap and her staff supervise the Grand Jury and coordinate the Grand Jury's
operations.
35.
Notwithstanding O.C.G.A. 15-12-71(b)(1), Defendant Heap, since being sworn in as
District Attorney in 2013, has failed to instruct the Grand Jury to inspect the Chatham County
Jail.
36.
Rather, Defendant Heap and her staff inform the Grand Jurors that there is an "optional
tour" of the j ail, which they may attend at their discretion.
37.
Defendant Heap and her staff coordinate the date of the "tour," provide transportation to
and from the jail, one or more staff members of the DA's office attend the "tour."
Page 9 of 12
38.
Further, no report of the Chatham County Grand Jury reflecting an inspection ofthe Jail's
operations has been filed with the Chatham County Superior Court in more than one year prior to
Mathew Ajibade's death.
39.
The Ajibade family will be filing a civil suit against any and all parties responsible for
Mathew's death. Due to her failure to ensure inspections of the jail as required by law, there is a
significant probability that Defendant Heap will be named as a defendant in that action by the
Ajibade family.
40.
A District Attorney may not participate in the prosecution of a case where the District
Attorney has a personal interest in the outcome of the case. See McLaughlin v. Payne, 761 SE
2d 289 (2014). The conflict of the individual District Attorney attaches to the entire office of the
District Attorney, Id.
41.
The fact that Defendant Heap will likely be named as a defendant in the Ajidabe civil suit
gives her an interest in the outcome of the criminal case arising from the same transaction or
occurrence, to wit: the death of Mathew Ajibade.
COUNT II
MANDAMUS AGAINST DEFENDANT HEAP
42.
Plaintiffs repeat and re-allege paragraphs 1-41 as though fully set forth herein.
Page 10 of 12
Ajibade, et at. v. Meg Heap
43.
O.C.G.A. IS-18-S(a) provides as follows:

(a)
When a district attorney's office is disqualified from interest or relationship to

engage in a prosecution, the district attorney shall notify the Attorney General of
the disqualification. Upon receipt of such notification, the Attorney General shall:
(1)
(2)
(3)
Request the services of and thereafter appoint a district attorney, a

solicitor-general, or a retired prosecuting attorney as provided in Code
Section 15-18-30;
Designate an attorney from the Department of Law; or
Appoint a competent attorney to act as district attorney pro tempore in
place of the district attorney.
44.
For the reasons stated above, Defendant Heap must be ordered by this Court to notify the
Georgia Attorney General that she is disqualified from further participation in investigating or
presenting criminal charges based upon the actions which caused the death of Mathew
Ajibade.
WHEREFORE, Plaintiffs request they be afforded the following relief:

(a)
That this Court enter an Order requiring the immediate disqualification of the Office of
the District Attorney for the Eastern Judicial Circuit from further participation in
investigating or presenting criminal charges based upon the actions which caused
the death of Mathew Ajibade;
(b)
That this Court enter an Order directing Defendant Heap to notify the Georgia Attorney
General of her disqualification from further participation in investigating or presenting
criminal charges based upon the actions which caused the death of Mathew
Ajibade;
Page 1J of 12
(c)
Any and all other relief as the Court deems just and proper.
RESPECTFULLY SUBMITTED this 9th day of June, 2015.
~c{i{t
Georgia Bar No. 126363
Attorney for Plaintiff
THE CLAIBORNE FIRM, P.C.
410 East Bay Street
Savannah, Georgia 3 1401
T: (912) 236-9559
F: (912) 236-1884
will@claibomefirm.com
Page 12 of 12
IN THE SUPERIOR COURT OF CHtOQ:~l\;l ~ QUNTY

STATE OF GEOR&A: I'. Ur, IL'-.

) 701 JW~ -9
11 10: 07
05?J~
Plaintiffs,
-J3
v.

DISTRICT ATTORNEY;
Defendant.
CERTIFICATION UNDER RULE 3.2
Pursuant to Rules 3.2 and 3.4 of the Uniform Superior Court Rules and Local Rules of
the Eastern Judicial Circuit of Georgia, I hereby certify that there has been a case filed in the
Superior Court of the Eastern Judicial Circuit of Georgia, Al St. Lawrence. Sheriff of Chatham
County; Meg Heap. Eastern Judicial Circuit District Attorney v. WSA V, Inc .. Civil Action
Number: CV15-0441-J3,
involving substantially the same parties or substantially the same
subject matter or substantially the same factual issues which would require the pleading to be
specifically assigned to the judge whom the original action was or is assigned.
Respectfully submitted, this 9th day of June, 2015.
T~~___
.C.
WILLIAM R. CLAIBORNE
Georgia Bar Number: 126363
Attorney for Plaintiffs
410 East Bay Street
Savannah, Georgia 31401
(912) 236-9559 Telephone
(912) 236-1884 Facsimile
wi ll@c1aibomefirm.com
ENTERED JPK
JUN - 9 2015
ST ATE OF GEORGIA

Plaintiffs,
v.
DISTRICT ATTORNEY;
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
OS?;')
-J3
SUMMONS
TO THE ABOVE NAMED DEFENDANT:

MEG HEAP
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT A ITORNEY
133 MONTGOMERY STREET, 6TH FLOOR
SAVANNAH, GEORGIA 31401
You are hereby summoned and required to file with the Clerk of said court and serve upon the
Plaintiffs attorney, whose name and address is:
THE CLAIBORNE FIRM, P.e.

410 EAST BAY STREET
SAVANNAH GEORGA 31401
an answer to the complaint which is herewith served upon you, within 30 days after service of summons
upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against
you for the relief demanded in the complaint.
This 9th day of June, 2015.
Clerk of Superior Court
CHATHAM COUNTY
ENTERED JPK
JUN - 9 2015
STATE OF GEORGIA

Plaintiffs,
v.

DISTRICT ATTORNEY;
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
05?J~
SUMMONS
TO THE ABOVE NAMED DEFENDANT:

MEG HEAP
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT ATTORNEY
133 MONTGOMERY STREET, 6TH FLOOR
SAVANNAH, GEORGIA 31401
Filed in the Clerk's Office this 9th day of June, 2015.
William R. Claiborne
PLAINTIFFS ATTORNEY
==========================
-J3
C1
FILED
165:::::::21
OR RECORD
IN CHATHAM SUPERIOR CO~T'09/2015
--------------------
TERM
0::: :22.~.rJI
PAID: 210 .00
D .~. ni e1 '.'1. t'1<o. :::.:::.~~/ ~ C1 txl::
Superiot- Court of Chat ham County
Chatham
Co unty ~
----------------------------
Georgia
A dUl/- t<t 11 flnnath Aj,'IJadt,
Ltr()0/
VS.
ORIGINAL
Filed in the Clerk's Office this
.ft
----------------
day of _ _~J
>L__
f7.Jfll,
_ _____", tJ(J'5
PLAINTIFF'S ATIORNEY
ENTERED JPK
JUN - 9 2015
I
Indictment No.
15CHM01205/X1506021, X1506022, X1506023
In the Superior Court of Chatham County, State of Georgia
JUNE TERM 2015
------------------------
THE STATE OF GEORGIA
VERSUS
JASON PAUL KENNY,
MAXINE EVANS
and
GREGORY BROWN
OFFENSE(S): FELONY MURDER, INVOLUNTARY

MANSLAUGHTER, AGGRAVATED ASSAULT,
CRUELTY TO INMATE, INVOLUNTARY
MANSLAUGHTER, PUBLIC RECORD FRAUD,
INVOLUNTARY MANSLAUGHTER, PUBLIC RECORD
FRAUD AND MAKING A FALSE STATEMENT
)
6="t.\~~ I'h~d-e.~- ~
"Ii'iJ e
(SPECIAL PRESENTMENT)
b.11
ov\ 0.(\ o'1-h-e-.r BILL
z.;~~L
WITNESS(ES):
Agt. Cyrus Purdiman, GBI (Statesboro)
Inv. Nicole Meyers, CCSO IA
Dr. Stacey Desamours, GBI Crime Lab (Atlanta)
Filed in office this
..
2-i-flh
day of
- - - - - ' . , ; , -..........=-".='-7=-----'
2015
CHRISTY BARKER
ASSISTANT DISTRICT ATTORNEY
Defendant, on _________________ being in open court, pleads _________________________
Defendant
Attorney for Defendant
Defendant, on
being in open court, PLEADS GUILTY and waives the right to trial by jury; the
presumption of innocence; the right to confront witnesses against oneself; the right to subpoena witnesses; the right to testify and to
offer other evidence; the right to assistance of counsel during trial; the right not to incriminate oneself; and understands that by pleading
not guilty or remaining silent and not entering a plea, one obtains a jury trial.
Defendant
Attorney for Defendant
We, the Jury, find the defendant
________________ FOREPERSON __________DATE
THUI\IIBPRINT(S) OF DEFENDANT
(left)
(right)
.f )
\
~ :J.'>
- _>(ddt:1M.<;..
FOR PERS N
Meg Heap
District Attorney
Eastern Judicial Circuit
of Georgia
,2015
t...V
STATE OF GEORGIA, COUNTY OF CHATHAM

IN THE SUPERIOR COURT OF SAID COUNTY,
BILL OF INDICTMENT
(SPECIAL PRESENTMENT)
THE GRAND JURORS selected, chosen and sworn for the County of Chatham to wit:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
". 11.
12.
13.
14.
Marilyn Solana, Foreperson

Catherine Akins
Jennie Battle
Gloria Bryant
Loretta Calvert
Paulette Christie
Amelia Croft
Linda Cook
Tonja Davis
Roseanne Dickerson
Brian Hagan
Tammy Harris
Mike Holland
Kristy Horbachefsky
15.
16.
,,:\7.
18.
19.
20.
Rhonda Johnson
Bryan Jones
DB'O'id LolH)~
Dale Lepisto
Kenny Siu Quinones
Jamecia Ready
~1. CotA8fiA9 RobinsoA
22. Peggy Todd
23. Victoria Yates
24.
25.
26.
COUNT 1: FELONY MURDER, O.C.G.A. 16-5-1 (c)
t-.JO
in the name of and on behalf of the citizens of the State of Georgia, charge and accuse JASON PAUL
KENNY, with the offense of FELONY MURDER, for that the said JASON PAUL KENNY, in the
County of Chatham and State of Georgia, on or about the 1st day of January, 2015, while in the
commission of the offense of Cruelty to An Inmate, a felony, caused the death of Matthew Ajibade, a
A
human being, by using excessive force, contrary to the laws of the State of Georgia, the good order,
peace and dignity thereof.
c.P ~
WI'>
COUNT 2: INVOLUNTARY MANSLAUGHTER, O.C.G.A. 16-5-3(a)
True.,
And the jurors aforesaid, in the name of and on behalf of the citizens of the State of Georgia, further
charge and accuse JASON PAUL KENNY, with the offense of INVOLUNTARY MANSLAUGHTER,
for that the said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about
the 1st day of January, 2015, while in the commission of reckless conduct, an unlawful act, caused
the death of Matthew Ajibade, a human being, without any intention to do so, by tasing him while he
was restrained, contrary to the laws of the State of Georgia, the good order, peace and dignity J
thereof.
.
\..ifl K
COUNT 3: AGGRAVATED ASSAULT, O.C .G.A. 16-5-21
T ('U 'e....,....
VA..
charge and accuse JASON PAUL KENNY, with the offense of AGGRAVATED ASSAULT, for that the
said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about the 1st day
of January, 2015, made an assault upon the person of Matthew Ajibade with a taser, an object and
device which when used offensively against a person is likely to result in serious bodily injury by drive
stunning him while he was restrained, contrary to the laws of the State of Georgia, the good order,
peace and dignity thereof.
COUNT 4: CRUELTY TO INMATE, O.C.G.A. 42-4-5
-q-r lle.
charge and accuse JASON PAUL KENNY, with the offense of CRUELTY TO INMATE, for that the
said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about the 1st day
of January, 2015, being a jailer at the Chatham County Detention Center, unlawfully cause willful
inhumanity to Matthew Ajibade, an inmate under the accused's care and custody by using excessive
<-1JA-<f
force, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
up.
COUNT 5: INVOLUNTARY MANSLAUGHTER, O.C.G.A. 16-5-3(a)
T'f'l.l',
charge and accuse MAXINE EVANS, with the offense of INVOLUNTARY MANSLAUGHTER, for that
the said MAXINE EVANS, in the County of Chatham and State of Georgia, between the 1st day of
January, 2015, and the 2nd day of January, 2015, the exact date of the offense being unknown to the
Grand Jury, while in the commission of reckless conduct, an unlawful act, caused the death of
Matthew Ajibade, a human being, without any intention to do so, by failing to monitor him while he
was in restraints, contrary to the laws of the State of Georgia , the good order, peace and dignity
thereof.
COUNT 6: PUBLIC RECORD FRAUD, O.C.G.A. 45-11-1
T f"'<-t -e
charge and accuse MAXINE EVANS, with the offense of PUBLIC RECORD FRAUD, for that the said
MAXINE EVANS, in the County of Chatham and State of Georgia, on or about the 2nd day of
January, 2015, unlawfully falsified a Corrections Bureau Restraint Chair Log, a document belonging
to the Chatham County Sheriff's Office, a public office within the State of Georgia, in that she entered
checks that did not occur, contrary to the laws of the State of Georgia, the good order, peace and
dignity thereof.
COUNT 7: INVOLUNTARY MANSLAUGHTER, O.C.G .A. 16-5-3(a)

charge and accuse GREGORY BROWN , with the offense of INVOLUNTARY MANSLAUGHTER, for
that the said GREGORY BROWN, in the County of Chatham and State of Georgia, between the 1st
day of January, 2015, and the 2nd day of January, 2015 , the exact date of the offense being unknown
to the Grand Jury, while in the commission of reckless conduct, an unlawful act, caused the death of
Matthew Ajibade, a human being, without any intention to do so, by failing to monitor him while he
was in restraints, contrary to the laws of the State of Georgia, the good order, peace and dignity
thereof.
COUNT 8: PUBLIC RECORD FRAUD, O.C.G.A. 45-11-1
True..
$-1
v.tl'
charge and accuse GREGORY BROWN, with the offense of PUBLIC RECORD FRAUD, for that the
said GREGORY BROWN, in the County of Chatham and State of Georgia, on or about the 2nd day of
January, 2015, unlawfully falsified a Corrections Bureau Restraint Chair Log, a document belonging
to the Chatham County Sheriff's Office, a public office within the State of Georgia, in that he signed
the log indicating that checks occurred that did not occur, contrary to the laws of the State of Georgia,
the good order, peace and dignity thereof.
COUNT 9: MAKING A FALSE STATEMENT, O.C.G.A. 16-10-20

charge and accuse GREGORY BROWN, with the offense of MAKING A FALSE STATEMENT, for
that the said GREGORY BROWN, in the County of Chatham and State of Georgia, on or about the
2nd day of January, 2015, knowingly and willfully made a false statement to Agent Cyrus Purdiman of
the Georgia Bureau of Investigation in a death investigation, a matter within the jurisdiction of the
Georgia Bureau of Investigation, a department of state government, to wit: stating that he checked
Matthew Ajibade while he was in restraints, which checks did not occur, contrary to the laws of the
State of Georgia, the good order, peace and dignity thereof.
~' (on) Vv\v..Y"Jo.'("" - ~()
4"'vcf U.~io.Y1 W\~v\'~(a~tdel/"

Q )S (a vo:# ~
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\?o.\o(l (. t:?e.(orJ ~v..J - 'f~~ - -;-.rt.A...e...
'/
.:I.v')\101u..{Q.'("'I ~~'G~~4~ -"Ie.~ . -}~u~
Po..'0\ I c:. l4?Lc ("'~ f= v-a.w:t - i- ~ -t-t u '(.

Y6)o.
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t11t~1l~
MEG HEAP
DISTRICT ATTORNEY
OF GEORGIA
- '{
-e., ----tv
l.\
-e..
INrHEsupERroR
couNry :,lr ii'.ii.,i:tir,)i
33ts1%?6f3ff"AM
STATE OF GEORGIA
I r . i o l c r n t e r v rN o s . C R 1 5 - 1
V.
cR15-1396
<F
JASON KENNY
MAXINE EVANS
G R E G O R YB R O W N
,'r
CR15-1397'Js
DrpswoeNr.
STATE'S MOTION FOR IMPOSITION
OF A GAG ORDER
Comesnow the Stateof Georgia,by and throughits representative,
AssistantDistrictAttorney
ChristineBarker,andmovesthis Courtto orderthepartiesandcounselfor andall agentsof all parties,
--
includingattorneysfor theyictinlq fumjly-an_d,

to refrainfrom makinganys&tenrents
fheD_efendanrs
regarding,or releasinginformation concerning,the above-referencedcasethat they know or reasonably
shouldknow will havea substantiallikelihoodof n.raterially
prejudicingan adjudicativeproceedingin this
matter to any mediaoutlet, including but not limited to radio, television,and newspaperreporters,and
further to refrain from making any written, oral, or electronic statementoutside of court that any person
contemplatedby said order would reasonablybelieveto be disseminatedby meansof public
communication,including, without limitation, Facebook,Twitter, or any other form of socialmedia.In
support of this motion, the State shows the following:
1. Attorney for the victim's family have filed a Petition for Mandamus and Disqualification,Civil
Action No. SPCVl50oO532("Petition" Attached as exhibit ,{1), seekingto disqualify ,. Meg Heap
[the District Attomey] and the office of the EasternJudicialCircuit Districr Attorney from any
further action in investigatingor presentingcriminal chargesbasedupon the actionswhich caused
the death of Mathew Ajibade" and further askingthat a District Attorney pro temporebeappointed
"in all matters related to the death of Mathew Ajibade." (Pet. i). Plaintiffs conrendinter aliathat
DefendantHeap is barred under Georgialaw from investigatingor presentingcriminal charges
becauseof her relationship with Chatham County Sheriff Al St. Lawrence and her ,,personal
interest" in the outcome of the case.(Id. at ifif 16,29,40). The claims of the victim's family
attorneysare meritless,but regardlessof the merits of the claims, a gagorder is warrantedunder
Georgialaw with respect to this matter for the reasonsaddressedbelow.
Z. Counselfor the victim's family in this action have made extrajudicialcommentsto variousmedia
outlets regardingpotential evidentiaryissuesthat may be addressedat the hearingsor trial in this
action, as well as in the Petition and in a civil suit in this Court, St.Lawrenceu. WSAV' Inc., Civil
(hereinafterthe "WSAV Case"). Specifically,the Stateshowsthe
Action No. SPCV15OO447
following:
a. Most recently,onJune 24,201.5,victim's family attorneys,William Claiborneand Mark

O'Mara, havepublicly accusedthe Stateof "white washing" the casein statementsto
BuzzFeedand the BostonHerald. (attachedas exhibitsA2 & A3). Thesc statements,
includineadditionalspeculationaboutthe actualevidence,havebeenrepeatedin other
nerrr nrrfletq eftrched
rs exhihits A4-A1Z-
b . Victim's family attorney, Williarn Claiborne,has posted commentsabout evidentiary

matters, including the basisfor the arrest of Mathew Ajibade on liis Facebookaccount
(attachedas Exhibit A);
(-
Victim's family attorney) William Claiborne,has posted comments to his Facebook

accountregardingGrandJury responsibilitiesthat accordingto the Petition would form
the basisof a lawsuit againstthe State (attachedas Exhibit B);
d.
Victim's family attorney, William Claiborne,has made commentsto variousmedia outlets

and hasbeen quoted in articlesregardingpotential evidence,how many peopleshouldbe
criminally charged,and the contents of a death certificate,in storiesdating asfar backas
May 8, 2015,andin media outlets as far-reachingas the U.K.'s Daily Mail (attachedas
Exhibits C-N);
Victim's family attorney, Mark O'Mara, has made comments on Twitter and on his blog
regardingthe criminal investigationand policy changesmade by the Sheriff's department,
leadingto speculationfor the basisof thesechanges(attachedas Exhibit O);
Victim's family attorney, Mark O'Mara, has made commentsto variousmedia outlets
and hasbeen quoted in articlesregardingpotential evidence,including claimsregardinga
"beating" and purported cover up, in storiesdating as far back asJanuary612015,and in
media outlets including CNN (attachedas Exhibits P-NN);
g. The State has receivednumerous requestsfor responseto claimsmade by victim's family

arrorneysfrom media outlets (attachedas collectiveExhibit OO), and finally;
h.
Such storieshavebeenbroadcaston air, asshownin Exhibit PP.
It is clear from the abovefacts and associatedexhibitsthat attorneysWilliam Claiborneand Mark

O'Mara havemadeextensivecommentsdirectly addressingpotentialtrial issuesin eachof these
stories.
3. Counselfor the victim's farnilyhave representedthe family of Mathew Ajibadeduringthe criminal
investigationrelated to the death of Mathew Ajibade and have further been involved in the
investigationand litigation of various matters now pendingbefore the Court, including the Petition
and the WSAV Case.Throughout the courseof thesemattersand as demonstratedabove,counsel
-
for the-yictlrr/s-family-havcextensively-engagedin-extrajudi,cial
com.mentarysld-5olieited nedia-----
coverageof the same.Notably, a copy of the Petition was receivedby Dave Kartunen of WSAV
beforethc Statewas even served,as shown in Exhibit MM. Moreover) as evidencedby F,xhibit
NN, Mr. Claiborneis directly soliciting media coverage.
4. Theseindictmentsrelateto the lossof a human life; in such cases,it is of paramountimportanceto
all parties- including the decedent's family, the prosecutingauthorities,any personsaccusedof
wrongdoing,and the public at large - that the fairnessof the judicial processbe preserved.
5. The saturationof the media by the attorneysfor the victim in this casemay prompt the Defendants
and their agentsto feel that they need to respondin kind. Further, two of the Defendantsand their'
attorneyswere presentfor the presentationof evidenceto the GrandJury, and thus havemore
completeinformation than the public at large.While this information is privilegedaspart of the
GrandJury process,the temptation to respondto any inaccuraciesin the media coveragewill be
suong.
6. This caseis governedby Atlanta Journal-Constitutionv. State,266 Ga. App. 168 (2004) and Rule
3.6 of the StateBar of GeorgiaRules of ProfessionalConduct. Rule 3.6, as cited by the Georgia
Court of Appeals in Atlanta Journal-Constitution,266Ga. App. at 169,statesthat
litigation of a
[a] lawyer who is participating or has participatedin the investigationor
matter shall not make an extrajudicialstatementthat a personwould reasonablybelieve
to be disseminatedby meansof public communicationif the lawyer knows or reasonably
should know that it will have a substantiallikelihood of materially prejudicing an

adjudicativeproceedingin the matter.
Comment 5A to Rule 3.6 statesthat " ltlhere are... certainsubjectswhich arerrore likelythannot
to have a material prejudicial effect on a proceeding,particularly when they refer to a civil matter
triable to a jury, a crimirral matter, or any other proceedingthat could result in incarceration."
Such subjectslisted include " the character,credibility, reputation or criminal record of a party,
suspectin a criminal investigationor witness,or the identifyof a witnessor the expectedtestimony
of a party or witnessI " " the performanceor results of any examinationsor test, or the identity or
natureofphysicaievidenceexpectedto be presentedl"and "any opinion asto the guilt or
innocenceof a defendantor suspectin a criminalcaseor proceedingtliat could resultin an
(quoting
App. at 769-77O
incarceration."Id.;SeaalsoAtlantaJournal-Constitution,266Ga.
Directory Rule 7-107(StateBar of Ga.) (repealed2001)),which precededand largelymirrorsthe
subjectslisted in Cornment5A.).
7
As shown by the attachedexhibits,counselfor the victim's family have made statementsreiatedto

this criminal action, the Petition, and the WSAV Casecommentinginter alia on
a. The characterand rcputation of those potentially accused;
b.
The performanceand results of examinations,such as thc autopsy;
c. The credibilityof potentialwitnesses;and

d. The guilt/innocenceof thosepotentiallyaccused,the evidence,and the meritsof the case.
These commentsare violative of the professionaland ethicalrules of the StateBar of Georgiaset
out aboveand demonstratethe desireof the Plaintiffs to manipulaternediacoverageto gain
favorableattention. See,e.g.,United Statesu. Brown,218F 3d 415 (5th Cir. 2000). As such,they are
likely to affect the ability of all parties to have thesecasesadjudicatedby an impartial tribunal.
RockdaleCitizenPublishingu.State,266 Ga.92 (1995).
Furthermore, Rule 3.4(h) of the GeorgiaRules of Professionalconduct prohibits a lawyerfrom
"presentfing], participating in presentfing] or threatenfing]to presentcriminal chargessolelyto
obtain an advantagein a civil matter. " The Petition constitutesparticipation in presentingcriminal
chargesas contemplatedby Rule 3.a(h) in that:
a.
Lawrence as a "potential defendant" to

The petition repeatedlyidentifies sheriff A1 st'
,,potential criminal defendant" and statesthat "his actionsand/or
criminal chargesor
Heap." (Pls'' Pet' i[13;Seeid' atIlfl
inactionsshouldbe under investigationby Defendant
15,16,30);and
Attorney and her office "from any further

b. The petition seeksto disqualify the District
basedupon the actionswhich caused
action in investigatingor presentingcriminal charges
the death of Mathew Aiibade'" (Id' at7)'
--jy
defendants"and "should be under

The identificationof personswho are "potential fcriminal]
from presenting
aSwell as tlre attempt to disqualifya district attorney
fcrirninal] investigation',,
in presentingcriminal chargescontemplated
criminal chargesis preciselythe type of participation
herg, the Petition has bcen brought
Rule 3.a(h). Such pslficjpatio,r i,slmper!0issible-iulier9#
in civil mattersin which counselfor the
with the obvious sole intent of obtainingan advantage
victim,s family are also involved.
'lhe petition repeatedlyrcferencesthe fact that " ft]he Ajibade
family hasclaimsagainstDefendantHeap... which
havebeen assertedin [the WSAV Case]" and
thattheAjibadefamilywillbefilingacivilsuitagainst..anyandallpartiesresponsibleforMathew
11,12,
,.likely" name DefendantHeap asa defendant'(Petitiong[qT
[Ayibade,s]death,, which will
devotedto discussionof the WSAV Casein
39,4I).In f-act,an entire sectionof the Petitionis
whichPlaintiffsherehaveintervenedasdefendants'(Pls'',Pet'1T1T7-1'6)'Itisclearbasedonthe
is to obtain, through the Petition itself and the
Petition that counsel for victim's family's purpose
in the existingcivil caseinvolving the state and
media attention garneredtherefrom, an advantage
anypotendalfuturecivilactionbytlrevictim'sfamilyagainsttheState.
g.Finally,theremedysouglrtbyStatehereinisnarrowlytailoredinthat
the time
a. It is not permanent, but rather is limited to
spanduring which the current
criminal action is pending before the Court;

in any way limit the ability of the mediato
b. It doesnot involve prior restraint and doesnot
lawfullygatherandreporttothepublicnewsrelatedtothismatterland
with this matter from identifying
c. It doesnot purport to preclude any personconnected
and other factual informationwithout
information such as court dates,types of hearings,
comment or opinion with respectto the proceedingsthemselvesor the evidenceadduced

therein.
WHEREF ORE, the State respectfully urgesthis Court to enter an order restrainingthe partiesand
any
counselfor and all agentsof the State, the victim's family, and Defendantsto refrain from making
should
statenents about, or releasinginformation concerning,thesecasesthat they know or reasonably
media
know will havea subsrantiallikelihoodof materiallyprejudicingan adjudicativeproceedingto any
from
outlet, includilg, but not limited to radio, television,and newspaperreporters,and further to refrain
said
making any written, oral, or electronic statementoutsideof court that any personcontemplatedby
by meansof publiccoTlgunie*tin.
believeto be disseminated
orderwouldreasonably
TfirdfuofJune,2015.
133MontgomerySt., Room 600
GA 31401
Savannah,
Tel: 912-652-7308
CHRISTINES.BARKER
GeorgiaBarNo. 645851

STATE OF GEORGIA
STATE OF'GEORGIA
J A S O NK E N N Y
MAXINE EVANS
GREGORY
BROWN
I N o r c r : u E N rN o s .
DErENoeNrs.
This is to certifythat I havethis dayservedthe foregoingSTATE'S MOTION FOR IMPOSITION

asfollows:
OF A GAG ORDER to the followinscounselof recordvia US Mail addressed
WilliamR. Claiborne
The Claiborne
Firrn.P.C.
---- 41Oiasl BavStreelSavannah.
GA 31401
Bobby Phillips
4O28. Liberty Street
Savannah,GA 31401
Willie T. Yancey
P.O.Box 2845
Savannah,GA37402
Gregory Brown
13 Night Heron Way
Port Wentworth, GA
ThirdkyofJune, 2015.
133Montgomery St, Room 600

Savannah.GA 31401
Tel: 972-652-7308
CHRISTINE S.BARKER
GeorgiaBar No. 645857

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vs.

ORDER ON MOTION FOR GAG ORDER AND

Having read and considered said

This action was subsequently dismissed by order of the Court on

"It would be nice to say every one

J.J. Haire, who is employed with

Dana Campbell, with Sidney A. Jones and Campbell Funeral

be disseminated by means of public communication if the lawyer knows or reasonably

above styled cases.

WSA V, Inc., Adenike Hannah

Civil Action No. CV15-0441-KA

J..Q. day of July, 2015.

Sarah R. Craig, Esq.

Jennifer R. Burns, Esq.

William R. Claiborne, Esq.

Bates Lovett, Esq.

Patrick T. O'Connor, Esq.

OFFICE OF THE SHERIFF

Enforcenent Opetatbrs Admiistratm

Colonel Brian M. Counihan, Sr.

Major Russell A. Smith

Corporal Jason Kenny

investigation by the District Attorney and the Georgia Bureau of Investigation.

consolidated omnibus Budget Reconciliation Act (coBRA) continuation of group health

the County Attorney's Office.

Colonel Brian M. Counihan, Sr.

Enforcement Bureau - PO. Box 10026 - Savannah, CA 31412

Telephone (912) 652-7634 . Fzx l9lZl 652.7 660

OFFICE OF THE SHERIFF

Cololel Thoma M. Ciiberg

Assisttlnt I ail Admi^istrator

Enforcemnt Operatiors Adninis*ator

Major Kimberly G. Middleron

Corporal Maxine Evans

investigation by the District Attorney and the Georgia Bureau of Investigation.

Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of group health

Enfotcement Bureau - PO. Box 10026 , Savannah.

Telephone (912) 652-7634 - Fax (9lz) 652.7660

OFFICE OF THE SHERIFF

Assiltant I ail Ahninbtratjr

Colonel Brian M. Counihan,

Major Kimbeny G Middleton

Assistant Erforcement Adminbtratcn

Major RussellA. Smith

Major Gloria G. Wilson

Private Eric Vinson

Enforcement Bureau . PO. Box 10026 - Savannah, GA

Terephone (912) 652-7634 . Fax (9r2) 652.7660

OFFICE OF THE SHERIFF

I.!sL\un r I ail Adminis|.Jatot

Enforcefienr OpentiorLt Adminkl:,atot

Major Kimberly G. Middleton

Major Gloria C. Wilson

Private Abram Burns

Colonel Brian M. Counihan. Sr.

Telephone (912) 652-7634 'Fax l9r2) 652-7660

OFFICE OF THE SHERIFF

Enforcenent Operariors AdrninLstratar

Coloncl Brian M. Counihan, Sr.

Major Kimberly G. Middleron

Assiswlt E^[orcement Administratot

Private Christooher Reed

investigation conducted by the Georgia Bureau of Investigation. lrrespective of whether or not