Judge Denies Motion to Seal Filings in Ole Miss Murder Case

OXFORD, Miss. — The case against former Ole Miss student Sheldon Timothy Herrington Jr., accused of the murder of Jimmie “Jay” Lee, remains open after a Lafayette County Circuit Court judge denied a joint motion to seal all filings.

In a quick hearing Thursday, Judge Kelly Luther said he would consider sealing some filings on a case-by-case basis if the defense requested it. However, Luther added he did not think that would be necessary.

“I don’t anticipate getting any of those items,” Luther said before denying the motion.

Kevin Horan, Herrington’s attorney, said he would draft the order and circulate it among the parties. Horan had hoped the motion, unusually supported by District Attorney Ben Creekmore, would succeed in reducing further pretrial publicity. National media attention surged when authorities arrested Herrington shortly after Lee went missing two years ago.

“We just move forward,” Horan said.

A Motion to Intervene

Luther’s ruling came after Mississippi Today filed a motion to intervene in the effort to close any filings before Herrington’s case goes to trial later this year. WMC-TV and WTVA, along with the Mississippi Press Association, supported the motion, urging transparency and opposing the order.

Mississippi Today’s attorney, Henry Laird, commended Luther for following the process established by the Mississippi Supreme Court for closing cases.

“This is an example to other judges that this is how you work with the people, and this is how you work with the press,” Laird said.

Creekmore said there had been “some misconception” about the extent of the sealing requested by himself and Horan. Creekmore added his goal was not to seal the whole case file but to protect any pretrial motions from media coverage.

“It wouldn’t have been a complete sealing,” he said.

Integrity of the Jury

On Monday, the day Luther had originally intended to rule on the motion to seal the file, he also ordered the trial to remain in Lafayette County. The judge also decided to pull jurors from another area and sequester them in a hotel for the trial’s duration.

Creekmore worried that a motion confirming the county from which jurors would be pulled could trigger a flurry of media coverage in that area. He told Mississippi Today he believed the judge’s Thursday order would protect the integrity of the jury.

“I think you have to accept that Lafayette County is already aware of a lot of the facts of the case, and it would be difficult to find somebody who isn’t aware of the case,” Creekmore said.

In his 20 years in the courtroom, Creekmore said this case has drawn more scrutiny than many others he’s worked on, but he couldn’t explain why.

“I don’t have an answer to that,” he said. “I can answer that question once the case is resolved. I’ve got feelings on it, but I think it would be speculative on my part to try to answer for an entire community.”

Case Background

Lee was a well-known member of Oxford’s LGBTQ+ community. His disappearance and death two years ago have led to protests outside the courthouse and efforts to memorialize him at local drag shows and pride events.

Herrington’s arrest also drew scrutiny in part because of his family connections in north Mississippi. A preliminary hearing setting bond detailed some of the evidence against him. The evidence included Google searches on his computer, and text messages he exchanged with Lee the night Lee went missing. Also, K-9s identified the smell of a dead body in his car.

But Herrington, through his attorney and family members, has maintained his innocence. As he walked down the Lafayette County Courthouse steps, Horan stated the case will go to trial.

“Certainly,” he said.

Mississippi Today first published this article. We republish it here under a Creative Commons license.