Circuit Judge Mike Smith has issued a gag order in a capitalmurder case in the January death of a convenience store owner andThursday rejected a defense filing seeking relief for the accusedsuspect.

Smith dismissed a petition for a writ of habeas corpus filed byPatricia and Kenneth Baggett on behalf of their son Kenneth, whohas been in jail since his June 3 arrest in the Jan. 16 shootingdeath of Airport Pik & Pak owner John Deere. Kenneth Baggett,22, of 2471 Lake Lincoln Dr., is charged with capital murder androbbery in the incident.

A revised petition was filed Thursday afternoon.

According to The ‘Lectric Law Library, ” a habeas corpuspetition is a petition filed with a court by a person who objectsto his own or another’s detention or imprisonment.”

Smith dismissed the petition during a meeting with Baggettfamily attorneys and the District Attorney’s office Thursdaymorning. Had the petition been granted, a hearing would have beenheld to hear testimony from several people involved in thecase.

“Everybody who was subpoenaed as a witness is free to go,” Smithannounced in open court following the judge’s chambers meeting.

Smith said later that the petition was dismissed because it wasinsufficient as a matter of law, lacked specifics and that a bondhad been set earlier for Kenneth Baggett. Baggett remains in jailunder a $1 million bond that was set in justice court shortly afterhis arrest.

Citing the gag order, Baggett family attorney James Bell had nocomment on the judge’s action.

Smith said the gag order applies to law enforcement officialsand attorneys involved in the case. He said the order was an effortto ensure the defendant and the state receive a fair trail based onevidence and testimony heard in court, and not on what is read inthe media.

The Baggett family’s habeas corpus petition was refiled Thursdayafternoon in Lincoln County Circuit Court.

In a change from the earlier filing, the new petition allegesthat Baggett’s $1 million bond is excessive. The court has notacted on the latest filing.