The publisher and reporter of the Atmore News were both indicted Friday by an Escambia County grand jury on a charge of revealing grand jury secrets.

District Judge Ben Fuller canceled a preliminary hearing that was set on the original charges filed in late October. The hearing had been scheduled for 9 a.m. Monday. No future court dates has been set.

Brewton attorney Ernest White told AL.com earlier in the week that he had planned to ask Fuller to dismiss the charges, saying that he felt District Attorney Steve Billy is “totally off-base” on his interpretation of the Alabama grand jury secrecy act in applying it against the journalists.

White also said he was hopeful for a hearing “to see if we can do some discovery in that case which might help us on the ethics and impeachment” charges filed against Digmon, 72, who is also a member of the Escambia County School Board.

Billy has declined to comment since charges were initially filed in October. The case has sparked a wave of national interest from free press advocates and coverage from newspapers like the The Washington Post and New York Times, focusing on charges against journalists for reporting the news.

The case against Fletcher, 69, and Digmon is related to a story in The Atmore News detailing that authorities were investigating the Escambia County School Board’s handling of COVID-19 relief funds after allegedly receiving a copy of a grand jury subpoena in the mail. The indictment filed against Fletcher on Friday does not include details about the matter.

Also facing indictment is Ashley Fore, 47, of Brewton, a bookkeeper with the school system who is accused of revealing grand jury evidence to the journalists.

Digmon also faces two counts of ethics violation and an impeachment charge related to her dual role as a newspaper publisher and school board member. Digmon is alleged to have used her school board position for “personal gain by selling ads” in the Atmore Magazine and/or Grace Publishing LLC, which she also has financial interest in, and for receiving more than $2,500.

The impeachment indictment was filed on Oct. 27, and was provided to AL.com by Digmon’s attorney, Ernest White of Brewton, and the Alabama Association of School Boards. It accuses Digmon of violating the 11-year-old School Board Governance Improvement Act of 2012 that establishes training requirements, and accountability measures for all local school board members.

The indictment also accuses Digmon of failing to participate in school activities and functions in her role as a school board member, that she worked as a reporter to “promote her newspaper business, The Atmore News,” and for attending school conferences … spending several thousand dollars yearly.

A representative with the Alabama Association of School Boards has since slammed the impeachment charge, and questioned the timing of the charges occurring after the School Board made a controversial decision not to renew Superintendent Michele McClung’s contract beyond June 30, 2024.

White said the legal activity against his clients is politically motivated. Digmon was one the board members in a 4-3 vote to support not renewing McClung’s contract. The vote occurred after a heated board meeting on Oct. 12.

Billy, the District Attorney, was a vocal supporter of McClung during that meeting.

The board met on Tuesday for the first time since the charges were filed against Digmon, Fletcher and Fore. Board members voted once again along 4-3 splits on a new school board president and vice-president. Digmon sided with the majority. No one publicly spoke about the criminal cases.

“The mood is generally that it’s a revenge thing against Ms. Sherry Digmon to not renewing the contract of Ms. McClung,” White said.