“The murder is still under investigation and co-conspirators are still at large,” Bailey writes.
Bailey argued that the police report contains details of the incident that would result in media coverage that could trigger suspects to flee the area or the destruction of crucial evidence.
Furthermore, should the police report become public, it may impair the ability of law enforcement to confirm any tips they receive or complicate matters for prosecutors to find an impartial jury, Bailey writes.
Cummings has been behind bars since December, when he was arrested by San Diego police after allegedly slipping across the border from Mexico. According to the Essex County District Attorney’s Office, Cummings waived extradition, allowing him to be transported back to this area to answer for an alleged probation violation unrelated to the discovery of Jackson’s remains.
On Dec. 10, Cummings was ordered held on $100,000 cash bail in Haverhill District Court for probation violations stemming from a drug distribution case.
He also has a pending case of malicious destruction of property stemming from the alleged destruction of a Haverhill commercial space that he and another man had rented for use as a recording studio.
Cummings, an aspiring rapper who goes by the stage name R.E. Clipz, has performed on many stages across the area, including the Honey Pot Lounge in Seabrook, and founded Proficient Records based in Haverhill. He has been in trouble with the law before and after graduating Newburyport High School in 2005, and is known to area police as a drug dealer, according to court records.