- May 1, 2024
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Eric Cooley, the Flagler Beach City Commissioner charged with domestic violence, has filed in court for a gag order to prevent Flagler County Sheriff Rick Staly and Sheriff's Office staff members from speaking publicly about Cooley's case. (View Cooley's motion HERE.)
Cooley, represented by local attorney Joshua Davis, "respectfully requests this Honorable Court to prohibit the extrajudicial comments by Flagler County Sheriff Staly, and members of his department established herein, from discussing in a public setting, i.e. radio programs, news outlets, or other such occasions where the public is the intended recipient of such discourse, 'State of Florida v. Eric Cooley', the criminal proceedings herein," the Sept. 17 motion for gag order states.
"Though the public has a right to know all that transpires in a criminal case, what is spoken about upcoming criminal proceedings must be carefully weighed against an accused’s right to a fair trial, and a defendant’s right to a fair trial should be given paramount consideration over and above a public’s right to know."
— Eric Cooley's motion for gag order
It continues by citing precedent, and states, "Though the public has a right to know all that transpires in a criminal case, what is spoken about upcoming criminal proceedings must be carefully weighed against an accused’s right to a fair trial, and a defendant’s right to a fair trial should be given paramount consideration over and above a public’s right to know."
Mentioning a press conference held after Cooley's arrest, the motion quotes Staly as saying, "This is an unfortunate situation, but it goes to show you that domestic violence has no boundaries."
"The Sheriff is a non-party to this case and an elected official. As such, he has the First Amendment right to comment on matters of public concern. He has consistently championed an initiative to combat domestic violence in our community. It is not only lawful but completely appropriate for the Sheriff to speak out generally any time domestic violence touches our community."
— Sheriff Rick Staly's response to Eric Cooley's motion for gag order
The motion continues by stating that Staly has in the past referred to defendants as "dirtbags."
The publicity surrounding the Cooley case, it states, is prejudicial to Cooley, and "interferes with Eric Cooley’s right to receive a fair trial, free from the outside influences from Sheriff Staly. ... The extensive print and broadcast media coverage, including the internet, has been generated predominantly because of the efforts of Sheriff Staly and because of the political position held by the Defendant, Eric Cooley in the City of Flagler Beach."
The comments Staly has made, the motion states, make it clear that Staly "has no appreciation or respect for the criminal justice system, but rather a disdain of a constitutional system that has weathered. ... Staly’s abuse of the freedom of speech protected and guaranteed by our constitution, is as abridged as someone yelling 'fire' in a crowded building."
In a response filed the afternoon of Sept. 18, Staly replied through Sheriff's Office General Counsel attorney Kayla Hathaway to Cooley's motion for gag order. (View Staly's response HERE.)
Staly's response notes that Staly's office had issued a single press release about the case and had then been questioned about the case by media outlets.
"The Sheriff's comments have always been of a general nature in regard to the type of charge alleged in this case (misdemeanor domestic battery) and its lack of boundaries in society," the response states. "Sheriff Staly has never used a pejorative adjective to describe Mr. Cooley, nor weighed in on the strength of the evidence in this case. Sheriff Staly has championed an ongoing initiative to combat domestic violence in our community since mid-2017."
The response, citing precedent, states that publicity does not inevitably lead to an unfair trial, that Cooley's motion is overly broad, and that granting it would violate the sheriff's First Amendment rights.
In this case, it states, "the local coverage received has been brief and has mostly included there positions of both the Defendant and the State."
It continues: "The Sheriff is a non-party to this case and an elected official. As such, he has the First Amendment right to comment on matters of public concern. He has consistently championed an initiative to combat domestic violence in our community. It is not only lawful but completely appropriate for the Sheriff to speak out generally any time domestic violence touches our community."
The case will be heard by Judge Melissa Moore Stens.
