ELECTRONICALLY FILED 5/8/2013 3:22 PM 28-CC-2013-000077.

00 CIRCUIT COURT OF DeKALB COUNTY, ALABAMA PAM SIMPSON, CLERK

IN THE CIRCUIT COURT FOR DeKALB COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, vs. LOWELL RAY BARRON, Defendant. ) ) ) ) ) ) ) ) )

CASE NO. CC-2013-77

DEFENDANT LOWELL RAY BARRONS MOTION FOR ORDER REQUIRING STATE FILINGS UNDER SEAL Defendant Lowell Ray Barron respectfully moves for an order that the State must not file any document that contains or includes any allegation about Defendants or any evidence pertaining to Defendants in any way, unless such filing is under seal. This motion pertains, for instance, to any response the State may file, to Barrons request for notice of any evidence the State might seek to admit under Ala. R. Evid. 404(b). This motion pertains also to Barrons discovery requests. This motion pertains, even beyond that, to any document that the State may file in this Court that includes any allegation about Defendants (with the exception of any document that does nothing more, in this respect, than quoting the indictment), or any filing by the State that contains any statement of expected testimony, or any filing by the State that otherwise discusses any evidence pertaining to Defendants. Granting this motion would not cause any cognizable harm to the State in any respect. Granting this motion would not stop the State from filing any document, but would only ensure that such filings are under seal so that they do not undermine the

likelihood of a fair trial. If any party then seeks to unseal any sealed filing, the Court would of course be able to consider any such request.
Respectfully submitted, __s/ Joe Espy, III______________ Joe Espy, III (ESP002) One of the Attorneys for Defendant Lowell Ray Barron OF COUNSEL: Benjamin J. Espy (ESP005) William M. Espy (ESP007) MELTON, ESPY & WILLIAMS, P.C. P.O. Drawer 5130 Montgomery, AL 36103 Telephone: 334-263-6621 Facsimile: 334-263-7252 jespy@mewlegal.com bespy@mewlegal.com wespy@mewlegal.com Winfred Rocky Watson Watson & Neeley, LLC 305 Grand Avenue, SW Fort Payne, AL 35967 Telephone: 256-845-0410 rocky@watsonneeley.com CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served electronically via AlaFile on this the 8th day of May, 2013. Matt Hart, Deputy Attorney General Bill Lisenby, Deputy Attorney General Peter Smyczek, Deputy Attorney General State of Alabama Office of the Attorney General PO Box 300152 Montgomery, AL 36130-0152 s/ Joe Espy, III Of Counsel 2