Myles Stout walks out of Judge David Bales’ courtroom March 17, 2011, along with his lawyer, Hank Hill. Stout faces charges in the shooting death of his friend, Myles Compton.A Chattanooga judge has issued an order that “impermissibly infringes” on the Chattanooga Times Free Press’ newsgathering ability in a case involving a 20-year-old charged with shooting to death a teenager, the newspaper’s lawyers allege.
In a motion filed late Thursday, the newspaper’s law firm of Chambliss, Bahner & Stophel asks Hamilton County Criminal Court Judge Rebecca Stern to grant an “emergency hearing” on whether her gag order should be vacated.
Hank Hill, the attorney for Myles Kensey Stout, persuaded Stern to sign an order that stops the newspaper from getting “any information, statements, recordings, or any other information relating to the investigation and/or prosecution.”
Stout is charged with second-degree murder and reckless homicide in the March 9 shooting of 18-year-old Myles Compton.
Stout told police the shooting was accidental during horseplay, but witnesses testified he pointed the gun at two people, fired at Compton’s chest point blank, made a slashing gesture across his throat and said, “I’m done.”
According to the newspaper’s motion, “The order entered by this court on March 30, 2011, has hampered the newspaper’s ability to investigate and report on various matters of public concern regarding this case.”
The motion alleges “prior restraint” in violation of the newspaper’s U.S. and state constitutional rights to freedom of the press.
Stern could not be reached for comment.
“The newspaper states that prior to entry of the order, the newspaper was never afforded an opportunity to be heard on whether the order is appropriate in this case,” the Times Free Press lawyers wrote in their motion.