Newspaper publisher, reporter are arrested
A newspaper publisher and reporter in Alabama were arrested last week and chargedwith disclosing grand jury evidence in an article, alarming press freedom advocates who raised First Amendment concerns.
The Escambia County district attorney, Stephen Billy, brought the felony charges against Sherry Digmon, the publisher and co- owner of Atmore News in Atmore, Ala., and Don Fletcher, a reporter, based on an article that the newspaper published Oct. 25.
Fletcher reported in the article that Billy had been investigating the local school board’s handling of federal pandemic relief money.
Citing documents the newspaper had obtained, Fletcher reported that Billy had issued a subpoena for financial records related to the investigation. It was not clear how the newspaper had acquired the documents.
Digmon, 72, and Fletcher, 69, were arrested Friday and charged with one count each of revealing grand jury evidence in the article. They were released on $10,000 bail.
A school bookkeeper, Ashley Fore, was charged with the same felony offense after she “provided grand jury investigation information to members of the media,” according to a criminal complaint.
The case is further complicated by Digmon’s dual role: She not only publishes Atmore News, a weekly newspaper with a circulation of about 1,300, she is also amember of the school board in question. She also was indicted on two ethics violations related to her position on the school board.
One of the ethics charges accuses Digmon of using her board position to sell ads in another of her publications, Atmore Magazine; the other accuses her of using her position to solicit paid ads fromsubordinates within the school system.
In both cases, Digmon had a “financial gain” of more than $2,500, the indictment stated.
Press advocates have raised concerns about the charges related to the Atmore News article, saying newspapers were free to publish information about grand jury investigations as long as they did not use illegal means to obtain it.
“The First Amendment protects the right of newspapers to publish truthful speech about matters of public concern — basically categorically,” said Jameel Jaffer, the executive director of the Knight First Amendment Institute at Columbia University.
“If the Nixon administration couldn’t imprison journalistswho printed the Pentagon Papers,” Jaffer added,
“the Alabama DA can’t imprison journalists for writing stories about the Atmore, Ala., school board.”
The National Press Club, a professional organization for journalists, has called on the local authorities to drop the charges against Digmon and Fletcher.
“Journalists in theunited States have the right and the responsibility to report information of public interest to their communities,” the group said. “That is exactly what Don Fletcher and Sherry Digmon were doing when they reported and published an article on Oct. 25 regarding an investigation into a local school system’s use of federal COVID funds.”
Billy did not respond to requests for comment on Thursday. He told another local newspaper, The Atmore Advance, on Saturday that Digmon, Fletcher and Fore had broken the law by revealing grand jury information.
“It’s not allowed,” Billy told the newspaper, adding: “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.”
Earnest White, a lawyer for Digmon and Fletcher, called the charges “politically motivated.”
“I can’t prove that it was,” White said. “But it all smells.”
Digmon declined to comment.
After graduation, John worked in marketing for Shell Oil in San Francisco and Standard Fruit and Steamship Company (Dole) in New Orleans. John soon realized that he was not interested in a nine-to-five desk job in marketing and moved back to Colorado; recognizing he should not have left in the first place.
Upon returning to Colorado, he decided to go into the real estate business. John joined Van Schaack and Company in 1971, working in both the Aurora and the Tech Center offices. In 1981, John and four other associates formed the Kentwood Company; and the rest is history! John and the Kentwood Company went on to become very successful, having the highest average sales volume of any private real estate company west of New York City. John was a top agent for many years and was awarded Realtor of the Year in 1979 at the MAME Awards. In 2007, John and his partners sold The Kentwood Company, and he began enjoying the new life of retirement.
Retirement for John did not slow him down. John and his wife, Diane, had always been avid travelers, and they now had time for their favorite pastime. They hit the road; riding camels in Egypt, elephants in Thailand, donkeys in Machu Pichu, jeeping on sand dunes in Qatar, and hiking the Amazon Jungle. By the time John fell ill, they had traveled to 82 countries.
Family was by far the most important and fulfilling part of his life. He was a homefor-dinner father, who loved being a part of his children’s and grandchildren’s lives. He was an active, and devoted participant in everything the kids did, whether it was in learning or sports. He was especially proud he had instilled his love for skiing into his children. John is survived by his wife of 50 years, Diane, son Craig Burns (Jennifer), daughter Sarah Schirber (Matthew), and grandchildren Dylan Burns, Evelyn Schirber, Isla Schirber, and Esme Schirber, his twin brother, Jim Burns, of Lubbock, Texas, sister, Patricia Lockridge, of Johnstown, Colorado, and several nieces and nephews.
A Celebration of Life will be held November 10th at 1:00 PM at St. Andrew United Methodist Church, 9203 S University Blvd, Highlands Ranch. A reception from 2pm-4pm will follow at Glenmoor Country Club, 110 Glenmoor Drive, Englewood.
In lieu of flowers, donations can be made to the Juvenile Diabetes Research Foundation in honor of his granddaughter, Isla Schirber. (www.jdrf.org/donation/ tribute)
Marie Stewart, 93, of Thornton, CO passed peacefully from this life, Oct. 24th. She is survived by her son W. Lee Crump, and daughter, Linda M. Crump-bertram. Marie had 6 Grandchildren, and 10 Greatgrandchildren. She was loved by many and will be missed by all. Services will be held Mon. Nov. 6, 1 PM Crown Hill Mortuary.