Lockhart’s attorneys seek to close file

By Amy Weaver

Published: July 1, 2008

Defense attorneys for Courtney Lockhart want his file to be sealed, according to a motion filed Friday in the Lee County Circuit Clerk’s Office.

Joel Collins and Jeremy Armstrong, both of Phenix City, filed a similar request to control pretrial publicity in the capital murder case against Lockhart, 23, of Smiths Station in April with Lee County District Court Judge Russell K. Bush. The judge granted the request for a gag order, but denied the request to seal Lockhart’s file.

The request to continue the gag order and seal the file is before Circuit Court Judge Jacob A. Walker III.

The motion offers a number of explanations why the file should be sealed. One specifically claims “numerous law enforcement agencies involved in the investigation of this case, especially Assistant Chief Tom Dawson with the Auburn Police Department, continue to release prejudicial information to the media regarding this case.”

Dawson denied the allegation.

“I have no comment, nor have I commented (on that case) since the judge issued that gag order and have no idea what that’s about,” Dawson said Tuesday.

Neither Collins nor Armstrong could be reached Tuesday night.

The gag order approved by Bush in April has prevented anyone associated with the case, including law enforcement, attorneys, witnesses and court personnel, from talking publicly about it.

The defense contends in the motion that the case has received a large amount of local and national media attention, which continues to prejudice a potential jury pool from “any county in Alabama.”

According to the document, the defense will be seeking a change of venue.

The motion also says that District Attorney Nick Abbett has announced his intention to seek the death penalty for Lockhart.

Lockhart pleaded not guilty to all four charges against him June 4,