Attorney files motion seeking contempt citation and dismissal of charges in case involving a Bengals Cheerleader – Prosecutor alleged to have released document sealed by court order.

Attorney files motion seeking contempt citation and dismissal of charges in case involving a Bengals Cheerleader – Prosecutor alleged to have released document sealed by court order.

Defense attorney Eric Deters pleads that he obtained a court order directing that certain text messages of the defendants be kept sealed. Deters alleges in his motion for contempt and dismissal that the Prosecutor, Sarah Farmer allowed the “sealed” text messages to be released to the media, thereby harming the rights of the defendants.

See: The pleading filed by Attn. Deters:
COMMONWEALTH OF KENTUCKY
KENTON CIRCUIT COURT
FOURTH DNISION
CASE NO. 12-CR-260-00l
CASE NO. 12-CR-260-002
COMMONWEALTH OF KENTUCKY
VS
SARAH JONES
CHERYL JONES PLAINTIFF
DEFENDANTS

DEFENDANTS’ MOTION FOR CONTEMPT, SANCTIONS, SUPPRESSION, AND
DISMISSAL
Comes now Sarah Jones and Cheryl Jones, by and through counsel, and moves the Court for an Order of contempt and sanctions against Sara Farmer. The text messages were ordered sealed. On page three at the bottom of the Commonwealth’s Motion to Preclude Hearing, Sara Farmer references the content to the text messages and places in quotes a text message attributed to Sarah Jones which could be interpreted as damaging to her case. This is in direct violation of a Court Order sealing the text messages.
Sara Farmer’s reference and publication ofthis text content in quotes is no different than if she showed the world the text. The Court knows we were concerned and called asking if it was sealed. We found out this morning it wasn’t. We were drafting a Motion to Seal. Too late. In fact, as I was writing the Motion to Seal, I received a phone call from the news, who in checking the Court file found the pleading and not only reported on their noon news, it is already on the internet! Now all the other stations are calling. Sara Farmer filed this pleading as a public record in the Circuit Clerk’s office for
the world to see. The sanction should be suppression of the text

messages or dismissal of all charges. The publication is extremely

prejudicial to Sarah Jones. Furthermore, it can’t be undone. This is not a

situation where ajury could be admonished. In fact it’s far worse. This

information will be disseminated to the world through the internet. Sara
Farmer expresses a concern about the jury pool in her publicity motion?
What does she think about what she has done here? Potential jurors and
the public have access to this information and can draw conclusions
based upon the disclosure which can’t be resolved by any other
sanction. The Court should suppress the texts or dismiss all charges.

Eric . Deters. (81812)
5247 . . e
Independence, KY 41051-1444
859-363-1900 Fax: 859-363-1444
Email: eric@ericdeters.com
NOTICE OF HEARING
Please take notice that the Motion to Dismiss Hearing will be heard on July 30,
2012 at 9 a.m. before the Honorable Patricia Summe of the Kenton Circuit Court, or as
soon thereafter as the business of the court will permit.
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served upon the persons named below byU .S. Mail, faxed and emailed on July 27, 2012 +~~~~~~~~~_
Cc:
Hon. Sara Farmer
Assistant Commonwealth’s Attorney
514 West Liberty Street
Louisville, Kentucky 40202

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