Crime & Safety

Prosecution Wants Gag Order in Marlow Trial

Assistant District Attorney Rachelle Carnesale filed the motion on Wednesday in the trial against Kelly Marlow, Robert Trim and Barbara Knowles.

The state has filed a motion for a judge to impose a gag order in the trial against a Cherokee County School Board member and her associates.

Blue Ridge Judicial Circuit Assistant District Attorney Rachelle Carnesale filed the motion on Wednesday, which would restrict "extra-judicial statements" in relation to the case.

The motion has yet to be heard in Cherokee County Superior Court.

Carnesale is trying the case against Kelly Marlow, her political advisor and confidant Robert Trim and Cherokee County Republican Party Secretary Barbara Knowles.

They are all facing charges they lied when they accused Superintendent of Schools Dr. Frank Petruzielo of trying to run them over in his vehicle as they crossed East Main Street in downtown Canton after a June school board meeting.

They were set to be arraigned on Thursday, but that was delayed due to Cherokee County Chief Superior Court Judge N. Jackson Harris recusing himself from the case. 

In its motion filed on Wednesday, the state writes that it "expects" evidence in relation to the trial to include audio and video and written statements by the trio. It also notes it expects the defense to produce surveillance footage and video re-enactments as evidence part of the discovery phase of the trial. 

Carnesale writes the state has received media and other inquiries about the availability of evidence, and portions of a "surveillance video was played by counsel for defendant Marlow with accompanying expert testimony at a civil hearing on Nov. 14, 2013."

That video, the state writes in its motion, was reported on and televised by media outlets. While the prosecution is "not alleging malfeasance in the showing of this video," it's merely pointing out there "is significant media interest in this case."

"In order to protect the defendants' right to a fair trial, the state hereby seeks a gag order to avoid commentary from the parties and the release of evidence in this matter," Carnesale writes for the state.

Brian Steel, the attorney representing Marlow, said he did not have any comment on the state's motion since he has not reviewed the details. 

District Attorney Shannon Wallace said her office has not heard back from Cherokee County Superior Court Judge Ellen McElyea "as to any future court dates or any reassignment of the case."

The case was handed over to McElyea after Harris recused himself from the trial due to his wife being employed by the Cherokee County School District. 

Doug Barnes, McElyea's administrative assistant, confirmed there "is no further reassignment at this time."

Harris' decision was praised by Attorney Michael Duponte, who is representing Trim. Duponte said he believed Harris "did the lawful, appropriate thing" in his decision to recuse himself.  

Steel agreed, adding he "respects" the decision made by Harris. 

A Cherokee County grand jury last month indicted Marlow on four felony counts of making false statements in relation to the allegations against the superintendent.

Trim was indicted on three counts of making false statements while Knowles was indicted on one count of filing a false report and four counts of making false statements. 

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Knowles made the original call to Cherokee County E-911 to report the allegations. After investigating the allegations, Canton police later issued arrest warrants for the trio's arrest.

A panel appointed by Gov. Nathan Deal last week ruled Marlow could remain in office while the case moved forward, noting the "indictment does not relate to or adversely affect Marlow’s ability to perform her official duties."

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