Jackson gets case dismissed

Less than a week after Washington County Circuit Judge Robert C. Montgomery issued an order to nol pross the case against Escambia County (Ala.) School Board Member Cindy Jackson, Judge Montgomery issued a second order dismissing Jackson’s case with prejudice, meaning the charges can’t come back.

Jackson was arrested and charged with revealing grand jury secrets. School Board Member Sherry Digmon, who is also the co-owner of the Atmore News and Atmore Magazine, Atmore News reporter Fletcher and school system employee Ashley Fore were also arrested for revealing grand jury secrets. Digmon was also charged with using her position as a school board member for soliciting advertisements from the school system for the newspaper and magazine and then voting to pay the bill.

Escambia County Circuit Judges Todd Stearns and Jeff White recused themselves from the four cases. District Attorney Steve Billy later recused himself and the Alabama Attorney General’s Office took over the prosecution.

Retired 19th District Circuit Judge Ben A. Fuller was appointed to preside over the cases against Digmon, Fletcher and Fore. Washington County Circuit Judge C. Robert Montgomery was appointed to preside over Jackson’s case.

Assistant Attorney General Thomas R. Govan, Jr., filed motions April 19 in Escambia County Circuit Court requesting the charges against the four be nol prossed and dismissed. The same day, Judge Fuller ordered the cases against Digmon, Fletcher and Fore be dismissed with prejudice, meaning double jeopardy would apply and the cases could not be brought back up.

However, on April 24, Judge Montgomery issued a motion to nol pross the case against Digmon that meant the charge could be reinstated.

On April 29, Judge Montgomery issued a second order dismissing Jackson’s case with prejudice, meaning it cannot be brought back up.