Georgia Criminal Defense Lawyer Blog

The home of Crawford Lewis, the Superintendent of the DeKalb County School System, was searched Thursday morning by the DeKalb County District Attorney’s Office and DeKalb police. The search was part of an ongoing investigation into allegations concerning the mishandling of school construction projects.

The Atlanta Journal Constitution has the story.

The investigation was initiated at the request of the DeKalb school system’s administration, but the exact reason for the search of Lewis’ home is not yet clear. However, in October, the residence and office of DeKalb’s former Chief Operating Officer, Patricia Pope, were searched after allegations arose that she illegally steered contracts to her husband, an architect, and construction companies with which she had connections. Pope is still being investigated by the District Attorney’s Office.

Our criminal defense lawyers have successfully represented several federal, state and local officials who have been accused of public corruption. Public corruption cases are often difficult to handle due to political pressures, community outcries and heavy media coverage. A good criminal defense attorney will work to protect his client’s reputation within community in addition to fighting any pending criminal charges. Through early intervention a defense attorney can help to ensure that allegations do not lead to false news reports, disciplinary actions or any other occurrences which could potentially harm one’s reputation.

Gwinnett police have charged Lori Reineke, 48, with homicide by vehicle for striking and killing a pedestrian with her vehicle while allegedly texting. This is the first case in Gwinnett County where authorities have charged a driver with homicide by vehicle for texting.

The Atlanta Journal Constitution has the story.

Reineke was driving her Ford Edge through an intersection on Sugarloaf Parkway when she struck and killed 48-year-old James Eaton III. The accident occurred around 8 p.m. on October 30 during dark and rainy conditions. Police reports indicate that Eaton stepped into the crosswalk while Reineke had a green light. Reineke was not speeding or violating any other traffic laws.

Gwinnett police arrested Reineke on the notion that the outcome may have been different had she not been texting. Reineke’s defense attorney, Larry Delan, has publicly stated that his client was not texting at the time of the accident. Delan also believes that authorities are using Reineke as a test case in hopes of expanding vehicular homicide prosecutions. Currently, texting while driving is not a crime in Georgia although proposed legislation may change that in the near future.

Under Georgia law, homicide by vehicle is generally punished as a misdemeanor when a minor traffic violation results in the death of a person. However, the offense can be prosecuted as a felony if the driver was driving recklessly, under the influence of drugs or alcohol, fleeing a police officer, involved in a hit and run or failed to stop for a school bus.

Our criminal defense attorneys have successfully resolved several vehicular homicide cases. One of the most powerful defenses to a homicide by vehicle charge is to show that the driver’s conduct did not cause the death. As in this case, there are many times when the deceased’s own actions largely contributed to the death. Another powerful defense is to argue that the driver did not intend the act which resulted in the death. A good criminal defense attorney will work with law enforcement and prosecutors to show that his client is not criminally liable. Early intervention can often lead to dismissed or reduced charges.

On Monday, a DeKalb County judge declared a mistrial in the case of a Dunwoody woman accused of shooting and killing her wealthy husband. The mistrial was handed down after jurors became deadlocked as to whether the woman acted in self-defense.

The Atlanta Journal Constitution has the story.

The week-long trial forced jurors to answer whether Lona Scott, 47, shot her husband six times to protect herself or whether she was after his millions of dollars. After 20 hours of deliberation, the jury, which consisted of four women and eight men, were evenly divided as to guilt. It was at that time that Superior Court Judge Cynthia Brown issued the mistrial.

Lona’s husband, Ralph C. “Cliff” Scott, 42, was described as a muscular man who ran a successful trucking company. Lona and Ralph Scott wedded in 2000 and endured a turbulent marriage with alleged past acts of violence and cheating.

During trial, jurors heard Lona Scott explain how her husband, Ralph C. “Cliff” Scott, became angered late one night in March of 2008 after she refused to have sex with him or talk about the divorce petition she had filed. She then described to jurors the scene that took place in the couple’s master bedroom. Cliff Scott apparently pulled Lona’s hair and put her in a choke-hold. He only released her after she told him that he was going to wake their 5 year old daughter. Lona then retrieved a .22 caliber hand gun from a desk in hopes of leaving the home safely.

However, Cliff Scott refused to let her leave and told her that he could kill her since she had a gun. He then allegedly charged after Lona at which time she fired a single bullet into his chest. Lona claims that Cliff charged her again causing her to pull the trigger five more times. Three of those bullets struck Cliff in the elbows and forehead. The other two lodged in his back as he turned and fell to the floor. Lona then called 911.

Defense attorney Brian Steel, of the Steel Law Firm in Atlanta, asked Lona Scott why she did it. She told jurors, “Because he was going to kill me.” However, Assistant District Attorney John Melvin believes that money was the true motive. Melvin argued to jurors that Lona was after Cliff Scott’s five million dollar estate. Melvin explained that Lona became enraged after learning that Cliff was in the process of transferring his money into a secretive account in the Bahamas where he planned to live.

The District Attorney’s Office expects to retry the case soon.

Georgia’s governor and members of the Georgia Senate have introduced legislation that would create a special unit designed to combat mortgage fraud.

The Atlanta Journal Constitution has the story.

Currently, Georgia ranks fourth in the nation for mortgage fraud. It is estimated that mortgage fraud referrals have cost Georgia around $145 million from 2005 to 2008. The special law enforcement unit that has been proposed would investigate crimes involving mortgage fraud throughout the state. Legislators hope that the unit will act as a deterrent and result in more prosecutions. If the unit is created, it will draw resources from the Georgia Bureau of Investigation as well as the Department of Banking and Finance.

Under Georgia’s Residential Mortgage Fraud Act, a person convicted of mortgage fraud may receive a one to ten year prison sentence as well as a $5,000 fine. If a person engages in a pattern of mortgage fraud, he or she could face a three to 20 year sentence and a $100,000 fine.

Our criminal defense attorneys have successfully represented numerous clients charged with mortgage fraud, including brokers, attorneys, investors, agents, appraisers and "straw-buyers.". A key element of mortgage fraud is knowledge. In other words, the state must be able to prove that a person knowingly engaged in the alleged fraud. A good criminal defense attorney will intervene early to work with prosecutors and law enforcement to show that his client had no knowledge of any alleged fraud or illegal activities. This early intervention can often lead to dismissed or reduced charges well before trial. Our lawyers have been able to get several mortgage fraud charges dismissed or successful resolved well before an indictment or trial.

The Bibb County District Attorney’s Office is dismissing an undetermined number of cases after a sheriff’s investigator was caught committing perjury. Most of the cases that will be dismissed involve allegations of child molestation.

The Macon Telegraph has the story.

The investigator, Allie Seckinger, testified during a suppression hearing that she did not coerce a suspect into making a statement. Specifically, Seckinger testified that she only told the suspect that she should think about her child’s welfare, and that she never threatened to have DFACS take the suspect’s child from her for refusal to admit to an armed robbery.

However, an audio tape surfaced two days later which revealed that Seckinger’s testimony was a lie, and the statement was eventually suppressed. The DA’s Office is also throwing out cases in which Seckinger was an essential witness and contemplating charges against Seckinger herself. Many of the cases that will be thrown out deal with sex crimes.

Seckinger is currently on paid administrative leave. If District Attorney Howard Simms chooses to prosecute Seckinger, she could face 10 years in prison.

It is an unfortunate reality that some members of the law enforcement community are willing to lie under oath. Perjury is particularly damaging in matters which lack physical and documentary evidence as is often the case with coerced confessions and false child molestation allegations.

Athens-Clarke County police raided Fantasy World, an adult entertainment club on Baxter Street, after receiving complaints of prostitution and drug use. The raid resulted in the arrests of two employees, and police expect more arrests to follow.

The Athens Banner-Herald has the story.

Police conducted the raid on Wednesday after investigating the club for months. During the investigation, undercover officers posed as club customers and allege that the club was in fact engaged in prostitution. The club’s manager, Robert Barry Dillard, was arrested for keeping a place of prostitution. A 20-year-old employee was also arrested for possessing amphetamines, marijuana and sedatives.

Authorities are also expanding their investigation to include club ownership and management. The club’s owner, Emanuel Isaacs, has been in the adult entertainment business for decades and has owned clubs in both Athens and Atlanta. Isaacs, who is now 85, was convicted in 1982 of bombing a competing Atlanta strip club. He also owned a Fantasy World located in Winder which shut down four years ago after three people were charged with prostitution.

The penalties can be severe. Under Georgia law, the offense of keeping a place of prostitution is a misdemeanor of a high and aggravated nature which can carry a year in jail. Authorities may also elect to charge management and ownership under Georgia’s racketeering statute (commonly known as RICO). Racketeering carries a 5 to 20 year sentence along with a possible $25,000 fine.