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A hearing was held Wednesday in Limestone County Courthouse to determine if the identity of an anonymous commenter on AL.com should be revealed because it has bearing on a capital murder case. (AL.com/File Photo)

LIMESTONE COUNTY, Alabama – A circuit court judge will rule whether the Limestone County district attorney can compel AL.com to turn over the identity of an anonymous commenter who discussed details of a murder case.

District Attorney Brian Jones says he is certain the person who made anonymous comments on an AL.com story is either a witness to a murder or the shooter himself and he wants the court to order the person’s identity revealed.

The Alabama Media Group, which publishes AL.com, maintains it is up to a judge, not the district attorney, to determine whether it's appropriate to reveal the identity of an anonymous commenter who participated in an online discussion of the case. The company has moved to quash a subpoena seeking to reveal the identity of a commenter who discussed the case — and strongly criticized the performance of Jones and other justice officials — in an online forum at AL.com.

“The United States Supreme Court has recognized that the First Amendment protects the right to speak anonymously,” said Daniel Kaufmann, an attorney representing Alabama Media Group in the case.

“Without the protection of the First Amendment, anonymous speech criticizing the performance of public officials will be chilled if such government officials can use the legal system to unmask the identity of the anonymous critic,” Kaufmann said.

Jones said the capital murder trial of Joel Moyers, a Cullman man accused of shooting to death Brandon Hydrick in September 2012, has been delayed until this issue is decided.

“The law regarding the internet is changing so quickly it’s outpacing the rules of procedure and outpacing the way we practice law,” Jones said. “This is a novel issue. I’ve been practicing law for 20 years and I’ve never had anything like this come up before. It’s a very interesting legal question from a philosophical standpoint.”

But from the standpoint of this case, Jones said the identity of the commenter is pivotal. Jones said the person who posted comments on a story about the case provided details that could only be known by someone who was there. He subpoenaed Alabama Media Group/AL.com last fall seeking the commenter’s identity.

Moyers was living in a mobile home on Fennel Road in Limestone County when he admitted firing the shot that killed Hydrick, 26. However, Moyers told authorities he was firing a warning shot at the truck and did not intend to kill anyone. Sheriff Mike Blakely said at the time the bullet went through the truck’s tailgate, through the back of the front seat, killing Hydrick, who was sitting in the passenger’s seat as his brother drove.

Circuit Judge Jimmy Woodroof took the motion under advisement Wednesday, saying he plans to research several cases before issuing a ruling.