Judge denies request for gag order in Daytona case of man accused of killing woman, child

A judge denied a defense request for a gag order in the case of a man indicted in the brutal murder of a woman and her child and leaving them and two other children in a burning apartment in Daytona Beach.

Assistant Public Defender Larry Avallone argued during the hearing Wednesday that the issue of pre-trial publicity was even more important because he believes prosecutors will likely seek the death penalty against the accused, Charles Ivy.

Avallone had asked the judge to prohibit all attorneys, witnesses, law enforcement and court personnel who are linked to the investigation or prosecution of the case from “extra judicially releasing” information in any form to members of the news media.

Avallone also asked that the judge to prohibit the Department of Children and Families from releasing any information to the media.

Victim stabbed more than 100 times

Ivy, 34, of Ormond Beach, was indicted on two counts of first-degree murder in the Nov. 21 killing of Den'Jah Moore, 30, and her 10-month-old son, Messiah Calixte, according to an indictment handed down Tuesday by the Volusia County grand jury.

Moore was stabbed more than 100 times, according to a press release from the State Attorney's Office.

Ivy was also indicted on two counts of attempted first-degree murder of Dakotah and Dove Moore. Police said that Ivy left the two children, a 4-year-old girl and a 5-year-old boy, in the burning apartment. Dakotah and Dove were critically injured.

Ivy was the father of Dakotah and Dove, but Moore had custody of them, according to officials.

The indictment included one count of arson of a dwelling, a first-degree felony.

Judge willing to reconsider gag order

Circuit Judge Leah Case denied the request for a gag order, finding that there was insufficient grounds at this point. She said if circumstances change she would be willing to reconsider the issue.

Case said that in her 30 years as an attorney and lawyer in the circuit, she had found that those involved in cases, such as prosecutors and defense attorneys, acted appropriately when discussing cases.

The judge added that in general, cases receive publicity at the beginning and when they are coming to trial but not much in between. Case said there were exceptions and if Ivy's case were to become one of those exceptions, she could revisit the issue.

She also said that prosecutors and defense attorneys in the circuit have been effective at removing any potential jurors who were exposed to pretrial publicity during jury selection.

Avallone also added a request at the Wednesday hearing that defense attorneys and prosecutors have a chance to review any records for 60 days before they are released publicly. Avallone said that would give lawyers a chance to object to the release of any information and hold a hearing before the judge.

Such information includes public records like police reports which are typically available even if redacted when filed with the clerk.

Prosecution: Not at present a death penalty case

Assistant State Attorney Andrew Urbanak argued against the request for a gag order, saying that there had previously been no problem in the circuit with comments from officials involved in cases. Urbanak emphasized that the State Attorney's Office did not comment on pending cases.

Urbanak also said that the Ivy case was not at present a death penalty case.

Urbanak also cautioned that granting Avallone's request for a 60 day hold on the release of records could set a precedent which could be expanded to any murder case in the circuit.

Ivy was present during the hearing but did not make any comments other than speaking to his lawyers.

'Prejudicial publicity' in Charles Ivy case

Avallone cited in his motion for a gag order what he called “prejudicial publicity” during a press conference on Nov. 22 by Daytona Beach Police Chief Jakari Young.

Avallone wrote that “prejudicial quotes” from Young have appeared in both national and international news stories.

Young was quoted as saying the crime was “horrific and horrendous,” Avallone’s motion states.

During the hearing on Wednesday, Avallone read the chief's comment: “With what we witnessed throughout this investigation, the defendant in this incident deserves a special place in the gates of hell for what he did to this mother and these children. Again, I have never witnessed anything this horrific in my entire career,” Avallone quoted Young.

Avallone also quoted another comment Young made during the press conference.

“The defendant did not confess but what he did, he placed himself on scene, he put himself on scene around the time that these murders would have occurred. Through technology, we were able to track his vehicle via traffic cameras leaving the area after this incident would have occurred. And he was also in possession, admittedly, of the victim’s cellphone.”

Avallone said that such comments increase the possibility that Ivy's right to a fair trial would be violated. He said potential jurors could easily find the information online.

This article originally appeared on The Daytona Beach News-Journal: Judge: No gag order in Daytona Beach double-murder, arson case