A superior court judge said she would watch the publicity surrounding the case of accused murderer Quinton Ray, but declined to issue a "gag order" Wednesday.
Judge Brenda Weaver said the court recognizes the rights of freedom of speech and freedom of the press, but not to the extent they jeopardize the right to a fair trial. She asked that all legal officials and law enforcement officers follow a code of professional responsibility and not make any statements which might "prejudice" a future jury in the case.
Quinton Ray, 27, of Jasper is accused of murdering his estranged wife Sueann whose body was found in a shallow grave in north Cherokee County on February 8. The young mother of a 6-year-old daughter was last seen alive when she came from her home in Woodstock to have her husband work on her car in August.
Richard Thurman, the public defender representing Ray, asked for the gag order. He said all the publicity, some of which is inaccurate, may prevent Ray from getting a fair trial. The case has been featured not only in the Progress, but in all nearby newspapers, on Atlanta television and on CNN's show hosted by Nancy Grace. The CNN program has been particularly vocal on issues surrounding the case.
"This [all the coverage] may have already made a problem getting a fair trial for him in Pickens County," Thurman said.
Thurman cited a Cherokee County newspaper story as presenting inaccurate and negative information when it stated Ray had been denied bond. In fact, they've never requested any bond be set, Thurman said.
"These statements are taken out of context, and they are repeated even more out of context," Thurman said. He said a potential jury could be affected.
In a response, District Attorney Joe Hendricks said all law enforcement officials have done a good job of keeping their comments to a minimum, only releasing what is public information.
Hendricks instructed his staff not to discuss the case, except to answer basic questions. He said arrest reports and the time of hearings are public records, and the public has a right to this type information.
"I don't want to appear that we're hiding anything, but we don't want to prejudice the case," Hendricks said.
Ray is scheduled to be formally arraigned in late March.
Quinton Ray's father granted bail with special conditions
Following the gag order hearing, Quinton Ray's father, Harold Danny Ray, of Ball Ground, was granted a $60,000 bond with special conditions in front of the same superior court judge.
The elder Ray is charged with helping conceal the death of Sueann Ray. According to the grand jury indictment issued last week, the father helped Quinton Ray hide the body and gave his son a ride home after he left the victim's minivan at the Wal- Mart parking lot in Canton.
Harold Danny Ray will be released on bond with the conditions that he not have any contact with the victim's family, that he wears a GPS monitor and does not leave the Pickens- Cherokee-Cobb county area.
He is also subject to random tests to determine if he has consumed alcohol or illegal drugs which could force the revocation of his bail.
David Cannon, an attorney from Canton, represented Harold Ray at the bond hearing.
Cannon said he wanted it to be known he had attended a session representing Quinton Ray when the murder suspect was questioned by the GBI prior to his arrest.
Cannon said he would provide information on what was discussed in that GBI interview to be kept sealed by the court. He said both the father and son are aware of the situation and don't have a problem with it.