IN THE CIRCUIT COURT OF ST.

LOUIS CITY STATE OF MISSOURI

STATE OF MISSOURI, Plaintiff, v. CORNELL McKAY, Defendant.

) ) ) ) Cause No. 1222-CR04627-01 ) ) Div. No. 3 ) ) )

MOTION TO QUASH SUBPOENA OF JENNIFER MANN AND ST. LOUIS POST-DISPATCH

Movants Jennifer Mann (Mann) and St. Louis Post-Dispatch, L.L.C. (Post-Dispatch), move to quash a certain subpoena (Subpoena), directed to Mann in her capacity as a news reporter for the Post-Dispatch. In support of this Motion, Movants submit the Affidavit attached hereto as Exhibit 1 and state: 1. The Post-Dispatch is a daily newspaper providing, among other things, news and

information to residents of St. Louis and the surrounding regions. The Post-Dispatch and its employees gather, edit, and report on news concerning international, national, and local matters. 2. 3. Mann is a reporter for the Post-Dispatch. On December 12, 2013, Mann was present in the courtroom for the purpose of

newsgathering and reporting when the jury in this case issued a verdict finding Cornell McKay guilty. On the following day, the Post-Dispatch published a news article written by Mann about the verdict. On January 29, 2014, the Post-Dispatch published another article by Mann regarding a motion filed by the State in this case to exclude certain persons from the courtroom during the defendants sentencing hearing.

4.

Any information in Manns or the Post-Dispatchs possession which might be

relevant to this case was obtained, prepared, and received by Mann and the Post-Dispatch solely in their capacities as a news reporter and gatherers and disseminators of news. 5. Compelling Mann to appear to testify under the Subpoena would constitute a

violation of the rights granted to Movants by virtue of the First Amendment to the United States Constitution; Article I, Section 8 of the Missouri Constitution; and the common law in that the State has not met its burden of showing that: a. all other means of obtaining the sought-after information have been

exhausted, and the information sought is not available from any other source; b. the information sought is highly material and relevant and so necessary

and critical as to go to the heart of the case; c. the subpoena was not served in bad faith and for the purpose of excluding

Mann from the courtroom or from further reporting on this case. WHEREFORE, Movants Jennifer Mann and St. Louis Post-Dispatch, L.L.C., move that this Court enter an order: a. b. quashing the Subpoena directed to Jennifer Mann; protecting Movants from any other subpoenas, unless the party causing the

subpoena to be issued first demonstrates to the Court: i. the specific information sought under the Subpoena and how it is critical and necessary; the reasons why this information is not available from alternate sources; that the subpoena has not been issued in bad faith or for the purpose of excluding Mann from the courtroom or from further reporting on this case; and

ii. iii.

c.

granting such further relief as this Court deems proper. 2

LEWIS, RICE & FINGERSH, L.C.

By:________________________________ Joseph E. Martineau, #32397 jmartineau@lewisrice.com 600 Washington Avenue, Suite 2500 St. Louis, Missouri 63101 Telephone: 314/444-7729 Facsimile: 314/612-7729 ATTORNEYS FOR MOVANTS JENNIFER MANN AND ST. LOUIS POST-DISPATCH, LLC

CERTIFICATE OF SERVICE The undersigned certifies that on this ____ day of February, a true copy of the foregoing document: [__] was electronically filed with the Clerk of the Court, to be served by operation of the Courts electronic filing system upon counsel of record; [__] [__] [__] that a copy thereof was served via email upon the following: that a copy thereof was served via U.S. mail upon the following: that a copy thereof was served via hand delivery email upon the following:

Christine H. Krug krugc@stlouiscao.org Steven J. Capizzi capizzis@stlouiscao.org Office of the Assistant Circuit Attorney 1114 Market Street, Room 401 St. Louis, MO 63101 Bob Ramsey bob@ezralaw.com Ezra & Associates, LLC 850 Vandalia Street, Suite 310 Collinsville, IL 62234 Thomas J. SanFilippo thomas@tsalawoffice.com SanFilippo & Associates, LLC 1010 Market Street, 13th Floor St. Louis, MO 63101

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