United States: Sherry Digmon, Arrested Over Grand Jury Leak in Alabama, Cleared of Charges
Criminal charges against publisher of Atmore News Sherry Digmon and journalist Don Fletcher dropped after almost seven months
Location: United States, Alabama
Date: October 27, 2023Update: April 19, 2024
Women Press Freedom welcomes the dismissal of all charges against Sherry Digmon and Don Fletcher. Co-owner and publisher of Atmore News Sherry Digmon and journalist Don Fletcher were arrested and faced felony charges for allegedly revealing Grand Jury information. In April 2024, almost seven months after their arrests, the Alabama Attorney General’s office requested that all charges brought against them be dropped. The arrest of the journalists was an outrageous violation of their First Amendment rights; leveling such serious charges against journalists for doing their jobs deters the press from reporting on sensitive matters. We stand in solidarity with Digmon and Fletcher, whose stellar reputation in the local community was dragged through the mud by the unjust criminal accusations and felony charges they faced after the aggressive actions of the Escambia County District Attorney’s office.
On October 27, 2023, authorities in Escambia County, Alabama, arrested Sherry Digmon and Don Fletcher on charges of disclosing leaked information. Digmon’s phone was also seized by police. Their arrests were preceded by an October 25 story by Fletcher, which investigated alleged mishandling of COVID relief funds by the local Board of Education. Sherry Digmon also serves as a board member of the same educational body.
According to court documents examined by the Committee to Protect Journalists (CPJ), Digmon, Fletcher, and school board members faced a felony charge for disclosing grand jury secrets, as outlined in Alabama Criminal Code Section 12-16-215. This offense can result in a punishment of one to three years of imprisonment and a fine of up to $5,000.
Digmon was also charged with using her public position for personal gain.
The small town of Atmore, with a population of just 8,542, was shaken by the arrests of the Atmore News journalists. Digmon, a name synonymous with integrity and community service in Atmore, has been a pillar of the local society for most of her life.
Digmon's journey in Atmore's media landscape began as a reporter for the Atmore Advance, the town’s long-established newspaper. Her career took a significant turn when she, along with her business partner Myrna Monroe, ventured to start a monthly magazine in 2002 and was followed by the launch of the Atmore News in 2005, which now stands as one of four newspapers in Escambia County.
Mayor Jim Staff, who has known Digmon for years and received her support during his candidacy, expressed his astonishment at the arrests. “As far as I’m concerned, she’s a straight-up person,” Mayor Staff told the Washington Post, reflecting the sentiment of many in Atmore who hold Digmon in high regard.
Criminal Accusations Targeting Atmore News Staff
Escambia County District Attorney Stephen Billy said the arrests of Digmon and Fletcher were related to the Atmore News article where information about a subpoena and COVID funds were mentioned, along with names of people allegedly involved.
“It’s not allowed,” said the District Attorney regarding the publishing of the names, “You just can’t do that, and there’s no reason for that. Innocent people get exposed, and it causes a lot of trouble for people,” said Billy.
Billy also said the article implied that he raised the issue at the school board meeting mentioned, which he denies. The attorney went on to claim that this was misinformation and purposefully calculated by Fletcher and Dignom in their reporting.
Months later, Escambia County District Attorney Billy filed a motion to recuse himself from prosecuting the case over conflicts of interest. The case was passed on to the Alabama Attorney General’s office.
On April 19, 2024, at the request of Alabama Assistant Attorney General Thomas Govan Jr. all charges against Atmore News journalists and Escambia County Alabama school board members.were dismissed. The additional charge against Digmon for using her position for personal gain was also dropped.
First Amendment Rights
In the United States, the rights afforded to journalists under the First Amendment of the Constitution primarily protect their ability to report on matters of public interest without government censorship or interference. However, these rights are not absolute and can sometimes be subject to limitations, especially when they conflict with other legal obligations, such as protecting the confidentiality of grand jury proceedings.
Grand juries are intended to operate confidentially to protect the rights of those under investigation or being considered for indictment. By publishing information related to grand jury proceedings, reporters could potentially undermine the integrity of the legal process and potentially compromise the rights and privacy of the people involved.
Women Press Freedom welcomes the exoneration of Sherry Digmon and Don Fletcher. The dismissal of these serious charges is a vindication of press freedom, affirming the importance of journalists' role in providing the public with information about government actions and legal proceedings. We remain astonished that these local Alabama journalists were ever arrested in the first place and urge authorities in the United States to take note of this decision. Journalists must not be targeted with criminal accusations for undertaking their essential role in local communities; serving as watchdogs and ensuring transparency.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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