BRUNSWICK, Ga. -- The attorney representing accused baby killer, DeMarquise Elkins, held news conferences following his client's arrest last month, inviting the media to his office to answer any questions we had about the murder of 13-month-old Antonio Santiago. He told us then that 17-year-old Elkins is innocent.
"Marky Elkins is himself a child. His favorite TV shows are cartoons," said Public Defender Kevin Gough.
The state took issue with those news conferences, saying in documents released this week that Gough is determined to try this case in the media. As a result, it has requested a gag order to restrict attorneys involved in this case from speaking with the media.
[SPECIAL COVERAGE: BRUNSWICK BABY MURDER
Now, the defense is firing back, calling the gag order a "pointless exercise." New documents obtained by Action News show defense attorney's are arguing it's a violation of the First Amendment to prevent everyone from talking about this case.
"The defense does not believe Sherry West's story, but after reviewing the authorities, defense counsel is persuaded that Sherry West has a constitutional right to tell her story," said Gough in his response to the judge's order.
Gough says West's willingness to talk about her baby's murder is what's led to unprecedented media coverage. It's garnered 4.5 million hits on Google, said Gough. He says any statements he has made has been to counter prejudicial pre-trial publicity.
That said, the defense has said it will not hold any more news conferences
The decision about the gag order now lies with the judge.