Georgia Criminal Defense Lawyer Blog

A Macon insurance agent was recently indicted for allegedly collecting the premiums on insurance policies that he had previously sold. The agent is suspected of taking more than $150,000 from various Macon businesses.

The Macon Telegraph has the story.

Broadus W. Marshall Jr., of Marshall Insurance Co., was arrested in December after Goodwill Industries of Middle Georgia discovered the alleged fraud. Authorities believe that Marshall forwarded Goodwill’s premiums to Philadelphia Insurance Co. until December 2008. Marshall then allegedly began to pocket Goodwill’s premiums instead of sending them to Philadelphia. As a result, Goodwill’s policy was canceled. Police believe that Marshall took about $150,000 before Goodwill found out that its policy had been canceled.

Marshall was also indicted for defrauding several other Macon businesses. Destiny Driven Deliverance Church, River Edge Behavioral Health Center and A Little Extra Inc. allegedly had $15,500 taken from them. In addition, the indictment states that Mashall took $1,000 from Pierce and Parker, Inc., a St. Simons business. Two residential customers, Anna and George Hanse, also had $1,000 taken from them according to the indictment.

Marshall has stated that the money in dispute is simply the result of accounting errors and misunderstandings. River Edge Behavioral Center also says that they have no evidence that Marshall did anything wrong.

Marshall has been indicted on seven counts of insurance fraud. If convicted, he would face two to ten years in prison for each count.

The Georgia Insurance Commissioner’s Office sent law enforcement agents to search two Bibb County homes last week. The searches were part of an insurance fraud investigation that was launched after insurance companies complained that two Macon women tried to fraudulently collect $400,000.

The Macon Telegraph has the story.

The two women, Sharon Marberry and her daughter-in-law Jessica Marberry, allegedly falsified pharmacy bills in order to receive reimbursements. Specifically, police claim that the women used pharmacy receipts from CVS to file for reimbursements from Aetna and Golden Rule. Police have also alleged that the women used fictitious names to acquire the insurance policies.

Aetna and Golden Rule alerted authorities after paying out approximately $130,000. In total, the women are accused of submitting claims in the amount of around $400,000. Authorities believe that the fraud lasted for less than a year, but police also say that the total extent of the alleged fraud is unknown.

The women’s two homes were searched last Thursday for computer files, receipts, bank records or any other documents which may point towards fraud.

Under Georgia law, a person who is convicted of filing a fraudulent insurance claim faces two to ten years in prison and a $10,000 fine. A person accused of this crime may face additional charges as well.

Our firm has successfully handled many insurance fraud cases. In our experience, people accused of insurance fraud often have no knowledge of any illegal activity or simply did not intend to commit any fraud. A good criminal defense attorney will work with prosecutors and law enforcement to show that his or her client never intended any wrongdoing. A good defense attorney will also seek to suppress any evidence that police confiscated during the search of a home or office. In many cases, these early efforts will result in a dismissal or reduced charge well before trial.

On Wednesday, Milledgeville police announced that they will be turning over their file concerning the Ben Roethlisberger investigation to the district attorney. Atlanta criminal defense attorney Page Pate of Pate & Brody recently commented in USA Today on what options are available to the district attorney’s office and when a decision can be expected.

The investigation stems from allegations made by a female college student who told Milledgeville police that Roethlisberger sexually assaulted her on March 5. The police investigation that followed has largely been kept from public eyes.

Pate told USA Today that there are three possible outcomes for Roethlisberger. First, District Attorney Fred Bright could decide to prosecute the case as a felony which would require a grand jury indictment. On the other hand, Bright could decide to prosecute the case as a misdemeanor which does not require a grand jury indictment. Or, in the alternative, Bright could simply choose not to pursue the case.

Pate went on to explain that Milledgeville police have probably given their recommendations to prosecutors, but ultimately, Bright will make the final call as to whether Roethlisberger will be charged and prosecuted. However, Pate believes that Bright will not make a decision anytime soon: “He’s the type of district attorney that I think will spend a lot of time looking at this before he makes a decision.” According to Pate, Bright is known as being a very conscientious district attorney who does not actively seek out publicity.

Atlanta trial attorney Page Pate of Pate & Brody recently commented in USA Today on the potential charges that Ben Roethlisberger may be facing. Roethlisberger allegedly assaulted a 20-year-old college student at a Milledgeville night club on March 5.

The USA Today article provides an update on the investigation.

Pate told USA Today that any charges will depend on the details that the alleged victim gave to police. Under Georgia law, a sexual assault can be charged in a variety of different ways depending on the nature of the conduct. For instance, sexual battery, a misdemeanor, occurs when a person intentionally makes physical contact with the intimate parts of the body of another person without consent. Such conduct may consist of grabbing a breast or a private area. On the other hand, the crime of rape is a felony and carries a minimum of 25 years imprisonment.

According to Pate, defendants who are convicted or plead guilty to sexual battery often receive a 60 day jail sentence along with probation for the balance of a year. Roethlisberger’s attorney, Ed Garland, maintains that his client is innocent of any crimes and that the police investigation should conclude without any charges being filed.

A Pittsburgh television station recently reported that Roethlisberger told Milledgeville police that he did have contact with the alleged victim but that he never had sex with her. However, the details of any official police investigation are still unknown.

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.

A former Bibb County Sheriff’s Deputy stands trial in federal court for allegedly enticing a child for sex. Prosecutors told jurors that he arranged to meet a mother and her 7-year-old child for sex in Sandy Springs. His criminal defense attorney argued that he was role-playing and never intended to have sex with the child.

The Macon Telegraph has the story.

Federal prosecutors say 43-year-old Gregory Todd Bowden, of Byron, drove to a Sandy Springs restaurant to meet the fictitious mother and her daughter for sex. An FBI agent with the Innocent Images Task Force testified that she initially made contact with Bowden in an online chatroom sometime in October 2008. The agent then explained a series of online chats, emails and telephone calls she had with Bowden which spanned around five months.

According to the agent, Bowden initially asked her to join a virtual role-playing relationship. Their chats eventually evolved into setting up an actual meeting in Sandy Springs where Bowden was arrested. One chat reveals Bowden expressing concern that the girl may possibly tell others of the sexual activity. He was also quoted as saying “I don’t want to go to jail.”

In addition to online chats, the jury was shown various pictures including a photo of a woman and a child which the agent had sent to Bowden. Jurors were also shown pictures that Bowden sent to the agent including his face and a man’s genitals.

Bowden’s attorney, Franklin J. Hogue, told jurors in opening statements that Bowden only intended to role play with the woman in an incestuous fantasy. This argument coincides with statements Bowden gave authorities when he was arrested in February. Specifically, he told agents that he did not think the girl was real.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A Macon man accused of rape has asked a judge to dismiss the charge, since DNA evidence which linked him to the crime was destroyed by police in 2006. The man’s attorney argued for the charges to be dropped based on due process grounds.

The Macon Telegraph has the story.

John Paul Battle, 25, was originally sent to prison in 2008 after being convicted of aggravated assault. Last spring authorities found that his DNA matched the DNA police recovered from a rape victim in 2002. The rape victim then picked Battle out of a lineup. Authorities also took a fresh DNA sample from Battle and concluded that the DNA recovered from the victim matched Battle’s.

However, the DNA evidence which came from the 2002 rape was destroyed sometime in 2006. The evidence included swabs, a rape kit and a condom. Battle’s attorney, Allen Wheeler, filed a motion arguing that Battle has due process rights which includes having the original evidence tested by an independent expert. And since that evidence no longer exists, it cannot be independently tested. Wheeler also pointed to a 2003 Georgia law requiring police to preserve biological evidence relating to a defendant’s identity.

Prosecutors argue there is no constitutional violation, because police did not act in bad faith when they failed to preserve potentially exculpatory evidence. The detective in charge of the 2002 rape case marked the evidence to be destroyed in 2005. It is unknown as to why the detective marked the evidence, but Macon Police did state that the detective is no longer employed with the department.

Our criminal defense lawyers have handled numerous cases in which potentially beneficial evidence was destroyed or lost. Cases such as these can involve destroyed DNA samples, shattered cell phones, lost blood and urine specimens, and missing finger prints. In our experience, there is almost always an issue of whether a person’s rights were violated any time this type of evidence is destroyed or lost. If it can be shown that the evidence was destroyed in bad faith, the court may be forced to drop the case against the defendant.

On Friday, a Houston County jury decided that Mario Harris was not guilty of murdering Stephen Register outside a Warner Robins Buffalo’s in December of 2007. The defense argued that Harris was acting in self-defense when he stabbed and killed Register.

The Macon Telegraph has the story.

Harris was facing charges of malice murder, felony murder, possession of a knife during the commission of a crime, aggravated assault and manslaughter. The charges stemmed from an incident in which Harris unexpectedly met his half-sister and the man she was dating inside the restaurant. Moments later the boyfriend and two other men, including Register, charged Harris in the parking lot. Harris testified that he stabbed Register because he feared that the men were going to kill him. He also told jurors that he thought one of the men may have had a gun. Register received a single stab wound just below the chest and died six hours later at the hospital.

The jury deliberated for only 30 minutes before deciding to find Harris not guilty on all counts. The jury later told the attorneys that there was simply no evidence to prove that Harris was the initial aggressor. Under Georgia law, malice murder generally carries a sentence of imprisonment for life, or in the alternative, the prosecutor may choose to seek the death penalty. Frank Hogue was the defense lawyer and did an outstanding job representing his client.

Our criminal defense attorneys have won many acquittals and dismissals for clients charged with serious violent crimes including murder, aggravated assault and manslaughter. As seen in this case, murder and violent crime charges are often levied against people who were simply defending themselves or others. Under Georgia law, a successful self-defense claim will justify any death or harm that the defendant may have caused. To prove self-defense, a good criminal defense attorney will conduct an independent and in-depth investigation which may include interviewing all relevant witnesses, examining physical evidence and retaining qualified medical and psychological experts.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

There is a growing trend among teenagers and children which involves texting naked images of oneself to others by the use of cell phones. Police call it "sexting," and it could lead to numerous minors being charged with possession of underage pornography.

The Columbus Georgia Ledger Enquirer has the story.

What many children and parents fail to understand is that possessing or distributing a naked image of a minor is illegal even if the receiver or sender is a minor. When it comes to juveniles and sexting, the Sex Crimes Unit of the Columbus Police reports that they mainly see cases involving sixth, seventh and eighth grade children. Police estimate that they only know of a small fraction of the actual cases, since most cases are handled by school officials and parents. Whether or not charges are filed in a particular case depends heavily on the ages of the sender and receiver, what exactly was sent and how much was sent.

When charges are filed, the consequences can be severe. One of the most common offenses that is charged for sexting is sexual exploitation of a child. This law makes it illegal for any person to knowingly possess or control any material which depicts a minor engaged in sexually explicit conduct. If convicted of this crime, a person 17 or older would face between five and 20 years in prison and have to register as a sex offender. Minors may also face stiff penalties in juvenile court.

Our criminal defense attorneys have successfully defended numerous clients charged with possessing child pornography after their computers or cell phones were seized by police. As this story shows, there are many times that a person may not realize he or she is breaking the law, or a person may not be aware that such images are on their computer or cell phone. Regardless of the circumstances, a good criminal defense attorney will analyze every element of the police investigation and resulting arrest to determine if the images were lawfully seized by means of a properly executed warrant or by the defendant’s consent. If the computer or cell phone was illegally seized, the images found on them must generally be suppressed.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A Bibb County judge has thrown out charges against a former pastor and a former banker due to a defective indictment. The two men were charged with defrauding church members out of $600,000.

The Macon Telegraph has the story.

Jimmy Collins, 42, was the pastor of God’s Worship Center in Macon. Steven Pittman, 42, was a bank officer for BB&T. Prosecutors say that the two men obtained loans and lines of credit for around 10 church members. Collins allegedly found and influenced members to assist in his church’s alcohol and drug rehabilitation program as well as the Car Vision car lot in which he was a partner. Furthermore, Collins is said to have told the church members that the church would repay the bank loans.

Authorities also believe that the two men used false financial information about the church members, provided the bank with forged documents, and misrepresented the true nature of the loans. Records indicate that the scam may have persisted for as many as six years between 2002 and 2008.

The indictment totaled 13 pages and included a violation of the RICO Act, bank fraud, residential mortgage fraud, forgery, and theft. However, Superior Court Judge Phillip Brown ruled that the indictment lacked enough specificity to allow Collins and Pittman to know what they must defend against. The District Attorney’s Office can either create a new indictment or appeal Judge Brown’s ruling.

In addition to criminal charges, members have filed lawsuits against the two men and BB&T. Since the initiation of the suits, BB&T has settled with the church members.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A Baldwin County High School teacher was arrested in March 2008 for allegedly having sex with two students. The Baldwin County District Attorney’s Office has dismissed those charges in light of a recent Georgia Supreme Court case.

The Macon Telegraph has the story.

Alison Ivey was indicted on five counts of sexual assault in October of last year and was scheduled for trial in August. Prosecutors alleged that Ivey performed oral sex on a 17-year-old student off school property in late 2007. Authorities also believe that Ivey had intercourse with the student on two different occasions in her home in the spring of 2008. She was also accused of having intercourse with an 18-year-old student in her classroom and in her car off school property in late 2007. In addition to the charges, Ivey was placed on administrative leave after her arrest and later resigned as a teacher.

In the past, Ivey’s alleged actions were criminal under the law. In fact, it was generally criminal for a teacher to have relations with any student regardless of age. However, the Georgia Supreme Court ruled in June that consensual intercourse between a 16-year-old student and a teacher is not a crime. This is because the legal age of consent in Georgia is 16. Charges against Ivey were dropped when the Georgia Supreme Court refused to reconsider its June decision.

Ivey has always denied having sex with the students and is happy with the District Attorney’s decision according to her defense attorney, Macon criminal lawyer Frank Hogue.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

On Thursday, Jim Williamson was sentenced to three years in federal prison for fraud in connection with his job as Sheriff of Telfair County.

The Macon Telegraph has the story.

Williamson’s second term as sheriff ended in December of last year. A month later he pleaded guilty to allegations of accepting bribes, purchasing personal items with county funds, and embezzling fine money. In one instance, Williams is alleged to have kept $5,000 seized from a traffic stop. He also allegedly used county money to purchase an ATV for personal use. Prosecutors say he also transferred a state prison inmate to the county jail to be closer to his girlfriend after accepting money to do so.

The federal presentence report indicated that Williamson should receive around 4 years in prison, and under federal law, he faced a possibility of 20 years. Williamson’s defense attorney argued that he was a good man, and that his infractions constituted only a small part of his life and career. Ultimately, U.S. District Judge Dudley Bowen handed down a sentence of 36 months and three years of supervised release. Williamson must also pay restitution to the county; however, the exact amount is still being determined.

Our firm has also represented public officials in federal and state criminal investigations. These cases can be uniquely difficult because of the intense scrutiny and media attention that surrounds such an arrest and prosecution. Politics also plays a big role in these cases and can complicate a defense.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A Twiggs County man stood trial earlier this week for allegedly holding a sheriff’s deputy at gunpoint in his home in 2007. A jury of his peers found him not guilty on all charges.

The Macon Telegraph has the story.

On the night of July 11, 2007, Twiggs County Sheriff’s Deputy Tony Watson went to the home of Harold Lee Hartel after a neighbor complained that Hartel had dumped watermelon rinds in a county ditch. In addition to Hartel, two women were also inside the home. When Watson arrived, prosecutors allege that Hartel pulled a handgun on Watson and forced him inside the home. Prosecutors believe that Hartel threatened to kill Watson, but that Watson was able to talk his way of the situation and eventually call for backup. The situation progressed into an hour long standoff after which time Hartel surrendered. As a result, Hartel was charged with aggravated assault, false imprisonment, and terroristic threats.

The jury returned a verdict of not guilty after deliberating for two and a half hours Wednesday and Thursday. Watson is still currently employed as a deputy, and Sheriff Darren Mitchum says he still stands behind Watson’s story.

Hartel’s criminal defense lawyer, Laura Hogue, was the winning attorney. She is a well-known Macon attorney, and a good friend of our firm. We congratulate her and her client on their impressive victory in a difficult jurisdiction.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A federal judge has set a bond for a woman accused of swindling more than $2 million from investors in an alleged Ponzi scheme. The granting of bond comes after a prior judge refused to set bond

The Macon Telegraph has the story.

Saundra McKinney Pyles, 52, and Gary Sheldon Hutcheson, 56, are accused of defrauding more than four dozen investors including prominent business owners and doctors from Macon. The scheme allegedly began in 2006 when Hutcheson told potential investors that he would place their money in a hedge fund named Georgia Ionics Fund LLC. Authorities believe that Hutcheson invested $780,000 while pocketing over $1.3 million of the investors’ money. Most of the money that was invested was lost. As a result, Pyles was indicted in April on five counts of mail fraud and five counts of money laundering in the Middle District of Georgia.

On May 20, Magistrate Judge Leon Barfield from the Southern District of Georgia refused to set bond for Pyles. Barfield presided over the case, because the magistrate judge and all four district judges of the Middle District of Georgia recused themselves due to their connections with the alleged victims. The case has since been assigned to Chief Judge Jack T. Camp of the Northern District of Georgia.

Pyle’s attorney, Reza Sedghi, appealed the ruling denying bond, and at the hearing asking the court to reconsider on Tuesday, the judge agreed with Sedghi and Pyles was given a $20,000 bond. However, the bond carries with it a condition that someone will have to come forward and say that they will house Pyles. Further conditions are set to be issued this week.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.