MOBILE, Alabama (WALA) – A federal judge on Wednesday denied a request for a “news gag” in a drug trial that has made national headlines.
But US Judge Katherine “Kit” Nelson left open the possibility that the defense could take up the issue again. Separately, the judge agreed on Wednesday to release a co-defendant pending trial.
Ashley Bell, a lawyer for Echandza Dianca Maxie, cited “extensive media coverage” in her request for an order prohibiting law enforcement officials and others involved in the case from making public statements outside of court.
The case has attracted a lot of attention because investigators reportedly found cocaine in the backpack of one of the defendants’ three-year-old child during a raid in March.
Bell wrote in a court document that statements to the media “would likely create undue prejudice in society, thereby depriving the defendant of a fair and impartial trial.”
Nelson wrote that Bell did not cite any statute, rule or other legal authority in support of the news gag request. The judge wrote that “he calls for serious action against a wide range of individuals based on inference and speculation and does not provide any concrete information indicating that any of the individuals against whom the motion is directed have made or are likely to make any adverse out-of-court statements to the media about this case.”
Nelson’s ruling is “without prejudice,” meaning Bell can file a new motion that “remedies the deficiencies noted above.”
Prosecutors allege that the defendants sold at least 20 kilograms of cocaine per month and earned significant sums of money through the conspiracy.
Maxie, the wife of alleged mastermind Glennie Antonio McGee, is accused of being part of the conspiracy, falsifying evidence by attempting to hide expensive jewelry and giving a convicted felon a gun. A separate indictment alleges the 41-year-old Mobile woman masterminded a conspiracy to defraud at least $400,000 of COVID-19 relief funds.
Federal prosecutors want Maxie jailed pending trial. In a response filed Wednesday, Bell asked a district judge to affirm Nelson’s ruling that her client should not go to prison.
“The defendant’s passport was seized upon arrest on July 29, 2024, along with any weapons recovered from a locked safe in the defendant’s home,” she wrote. “Judge Nelson has addressed flight risk, danger, and evidence tampering as to the defendant’s release on location surveillance and house arrest.”
So far, seven defendants have been publicly identified, but at least one name has remained blacked out.
The number of seizures gives an indication of the extent of the alleged conspiracy. Prosecutors are seeking the confiscation of nine properties, three vehicles and jewelry, as well as a fine of $1.68 million.
William Agee Jr., 30, of Mobile, is charged with conspiracy to possess cocaine with intent to resell and possession of cocaine with intent to resell.
Agee had been denied release because a similar case in state court involving drug trafficking charges was on hold, but he has now posted $1 million bail. Assistant U.S. Attorney Justin Roller told the judge at a hearing in federal court on Wednesday that prosecutors had no objection to keeping him free pending his trial.
Nelson ordered that Agee have no contact with his co-defendants or witnesses in the case.
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