Local Alabama newspaper publisher, reporter arrested for reporting confidential grand jury information

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The publisher of an Alabama newspaper was arrested, along with a reporter, last week after authorities accused them of publishing an article that exposed information about a grand jury probe involving the local school system. The situation raised the eyebrows of press-freedom advocates, but details remain scant, and the publisher has since been arrested for a second time. 

Atmore News owner Sherry Digmon, who is also a member of the local school board, and reporter Donald Fletcher were arrested last week. They were charged by the Escambia County district attorney with revealing grand-jury proceedings, which is a felony in Alabama. 

Last month, Atmore News published an article alleging the Escambia County Board of Education had received a subpoena seeking information about bonuses paid from pandemic relief funds. A follow-up piece reported that authorities seized the phones of school board members, including Digmon, who voted against renewing the school superintendent’s contract. It’s unclear what specific information about the grand jury the paper is accused of publishing. 

SMALL-TOWN ALABAMA NEWSPAPER PUBLISHER, REPORTER ARRESTED FOR REPORTING CONFIDENTIAL GRAND JURY INFO

Atmore News reporter Donald Fletcher and publisher Sherry Digmon.  (Escambia County Sheriffs Office)

The reporting said the school system’s bookkeeper and financial officer had received a subpoena to provide information about COVID-era bonuses paid to employees. The Atmore News also cited an anonymous source who claimed District Attorney Steve Billy wanted to prove school board members violated the state Open Meetings Act.

Digmon was also arrested Wednesday on a separate charge of violating state ethics law, the second time in less than a week that she was taken in. She is accused of using her school board position for personal gain and improperly soliciting a thing of value by selling $2,500 worth of advertisements to the school system. 

Prior to the second arrest, the Committee to Protect Journalists called on authorities in Escambia County, Alabama, to "immediately drop all charges" related to disclosing leaked information against Digmon and Fletcher. 

"CPJ is outraged by the arrest of Atmore News publisher Sherry Digmon and reporter Don Fletcher and calls on local authorities to immediately drop all charges against them. They should not be prosecuted for simply doing their jobs and covering a matter of local interest, such as the allocation of school board funds," Committee to Protect Journalists program coordinator Katherine Jacobsen said. 

"Journalists play a crucial role in their local communities," Jacobsen continued. "Arresting them creates a chilling effect and is a gross misuse of taxpayer funds."

Following the second arrest, the CPJ said it's "still investigating whether or not yesterday's arrest of Sherry Digmon was in relation to her work as a school board member or her work at the Atmore News," and stood by its initial defense.

"We stand by our concerns about the October 27 arrests of Digmon and Atmore News reporter Don Fletcher. Publishing leaked material is not a crime and journalists should not be arrested and charged for simply doing their jobs and reporting on matters of public interest," a CPJ spokesperson told Fox News Digital. 

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The publisher and of a small town Alabama newspaper was arrested, along with a reporter, last week after authorities accused them of publishing an article that exposed information about a grand jury probe involving the local school system.

The Atmore News published a story on Thursday headlined, "No secrets," which explained the situation surrounding the initial arrests. 

"Atmore News publisher and co-owner Sherry Digmon and Atmore News reporter Don Fletcher, both arrested last Friday — along with a bookkeeper for the county school system — for revealing grand jury secrets, were ordered Monday to refrain from publishing future stories about criminal and civil matters that might come before a grand jury, specifically those regarding the Escambia County Board of Education," the news staff wrote. 

"In an initial appearance held Monday, October 30, before District Judge Eric Coale, Digmon and Fletcher signed statements acknowledging that, as a condition of their bonds, both would in the future have ‘no communications about ongoing criminal investigations including schools and other.’ Coale verbally added, ‘until they are public record,’" the story continued. "The journalists were arrested under the provisions of Alabama Criminal Code Section 12-16-216: ‘Grand juror, witness, etc., prohibited from revealing, disclosing, etc., form, nature, etc., of physical evidence or questions asked; no person to directly, indirectly, etc., by any means, obtain information as to physical evidence or questions asked; exception as to state prosecutions.’"

The publication added, "Digmon, who was one of four school board members to vote against a new contract for Superintendent of Education Michele McClung, and Fletcher were released at 8:34 p.m. after surety bonds of $10,000 were posted for each." 

Atmore News publisher and co-owner Sherry Digmon was arrested in Escambia County, Alabama on Friday, October 27, 2023. She was also arrested Wednesday on a separate charge of violating state ethics law. (Escambia County Sheriffs Office)

Atmore News reporter Don Fletcher was arrested in Escambia County, Alabama on Friday, October 27, 2023.  (Escambia County Sheriffs Office)

Alabama Press Association general counsel Dennis Bailey told the Associated Press on Wednesday that the U.S. Supreme Court has ruled the First Amendment gives "the news media a right to publish truthful information on matters of public concern, even if unlawfully acquired, provided the publisher did not participate in the unlawful conduct."

"I do not know all the facts here, but based upon what I have seen so far, it is my opinion reporters who receive and publish unsolicited tips about the actual issuance and service of a grand jury subpoena do not violate Alabama grand jury secrecy laws unless they coerced someone to provide the information," Bailey wrote in an email to the AP, adding that he has "never seen a reporter arrested for publishing truthful information about the existence of a grand jury subpoena."

When asked about the second arrest, Bailey stood by his statement.

"My comments related to the [initial] complaints are not affected by the filing of other complaints about other charges," Bailey told Fox News Digital. 

District Attorney Billy did not immediately respond to a request for comment. 

Earnest White, who represents Digmon and Fletcher, did not immediately respond to a request for comment. 

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The Associated Press contributed to this report. 

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