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.

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.

The District Attorney for Gwinnett County has impaneled a special grand jury to investigate four land purchases made by county officials. The reason for the investigation centers on the purchase price of the parcels of land and possible political connections between county commissioners and land developers.

The Atlanta Journal Constitution has the story.

Closed door hearings began last Friday. At the conclusion of the investigation, the special grand jury is expected to issue a report stating its findings as well as whether any individuals should be indicted. The judges who makeup the Superior Court of Gwinnett County will then vote as to whether any further actions should be taken.

At Friday’s hearing, Jock Connell, Phil Hoskins, Steve North and Chuck Warbington appeared before the panel. Connell, a former county administrator, worked for the county for 20 years before retiring in December. Hoskins, the director of community service, oversees the county’s park department. North heads the department which supervises land purchases, and Warbington is a representative on the county planning commission.

Gwinnett County saw a similar investigation 1989 when a former DA impaneled a special grand jury to look into allegations of price-fixing on school milk contracts.

Our criminal defense attorneys have successfully represented several local, state and federal officials who have been charged with corruption offenses. Public corruption cases can be quite difficult due to intense media exposure and political pressures. In addition to fighting any criminal charges, a good defense attorney will work to ensure that allegations of corruption do not lead to false media reports, discipline, or any other actions which could potentially damage one’s reputation.

The former chairman of the Crawford County Commission, Harry Spillers, was indicted in 2005 for false swearing of which he was ultimately convicted and removed from office. However, the Court of Appeals of Georgia reversed Spillers’ conviction for false swearing last week.

The Macon Telegraph has the story.

The conviction and controversy centered on whether Spillers knowingly lied in 2004 on a form which he was required to fill out in order to hold office in Georgia. Specifically, the form asked if he had ever been convicted of a felony. Spillers stated that he had not been convicted of a felony even though he pleaded nolo contendere to the charge of aggravated assault in 1986.

In last week’s ruling, the Court of Appeals found that he was never formally convicted of the aggravated assault charge, since he only pleaded nolo contendere. Thus, he was still eligible to hold office after pleading nolo contendere and did not lie in the 2004 statement.

Prosecutors are now considering whether to appeal the case. They may also bring additional charges against Spillers. Prosecutors say Spillers used county labor for personal use during his time as commissioner.

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.

Federal and state authorities are probing allegations of misconduct on the part of Cochran police officers. However, the FBI and GBI have released few details about the investigation.

The Macon Telegraph has the story here.

The GBI reported that the current accusations stem from a 2008 investigation in which two former Cochran police officers were charged with enticing a child and interfering with custody. The two officers were working part-time in Pineview at the time the charges arose.

Brent Powell, one of the officers, was convicted of violation of oath of office and received five years on probation. The other officer’s case is still pending.

The mayor of Cochran, Gene Towns, has commented that no police officers have been arrested or suspended so far.

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.

Judge Kenneth E. Fowler has been charged with 16 counts of violating the Code of Judicial Conduct. This marks the beginning of formal proceedings against Judge Fowler by the state’s Commission on Judicial Qualifications.

The Macon Telegraph has the story.

The Commission on Judicial Qualifications has the duty of investigating complaints of judicial misconduct and for disciplining judges in Georgia. It is made up of two judges, three attorneys, and two lay people. Typically, they conduct an investigation and hold hearings into allegations of misconduct. After these proceedings are held, the Commission may recommend to the Supreme Court of Georgia that a judge should be removed, disciplined, or retired from the bench. The Supreme Court makes the ultimate determination.

In this case, the Commission alleges that Judge Fowler abused his power and suppressed the rights of defendants who came before him. Among the 16 counts, the Commission alleges that Judge Fowler told criminal defendants that they had the burden to prove their innocence, expressed bias in criminal matters, gave false or misleading information to criminal defendants, improperly questioned defendants, held fees paid by criminal defendants in his own account and failed to turnover the fees to the county, failed to be courteous to individuals in probate court, improperly used the prestige of being a judge, and allowed unqualified persons to serve as interpreters in court.

Judge Fowler has 30 days to respond the charges against him. If he chooses to fight the charges, a hearing will be set by the Commission at the earliest convenient date.

Our firm has previously represented a probate judge from Middle Georgia and helped that judge defend a JQC complaint. It is important for lawyers involved in these sensitive matters to be sure that such a complaint not lead to discipline, false press reports, or anything else that could permanetly damage the judge's reputation.

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.

Two Fulton County sheriff’s deputies were arrested today for allegedly beating an inmate and lying to FBI agents who conducted an investigation into the beating.

The Atlanta Journal Constitution has the story.

The jailers, Robert Hill and Early Glenn, were arrested at the Fulton County Jail. They have been charged with violating the inmate’s civil rights, obstructing justice, filing a false report, and making false statements to federal agents.

The two deputies are scheduled to make an appearance before a federal magistrate judge later today.

Our firm has represented several law enforcement officers charged with similar crimes in the past. These cases can be very difficult to prosecute and prove. The credibility of the witnesses becomes the most critical issue.

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.

Hasmukh Patel, a former immigration adjudicator with the Department of Homeland Security, has been convicted of conspiring to encourage immigrants to enter the country illegally and accepting a bribe. The 54 year old of McDonough could serve nearly 50 years in prison.

The Atlanta Journal Constitution has the story.

A federal jury found Patel guilty of helping to bring a couple from India into the U.S. with fraudulent work visas. At trial, a witness told the jury that he paid Patel $100,000 to bring his brother and sister-in-law into the U.S. In addition, witnesses from the U.S. Consulate in Mumbai testified that Patel had called the consulate to vouch for the couple’s visa application.

Patel is scheduled to be sentenced by U.S. District Judge Clarence Cooper on June 23. Patel could be sentenced to 49 years in prison and face a $1.175 million fine.

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. For many years, our firm has been listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

Tesler got much more time than I thought he would. I am sure his lawyer feels the same way.

Yesterday, Judge Johnson sentenced Arthur Tesler to four and a half years, just 6 months short of the maximum sentence for this crime.

The Atlanta Journal Constitution has the story.

Normally, a conviction for making a false statement would not put someone in prison for close to 5 years. It's a 1 to 2 year offense, at worst. It's likely that Judge Johnson considered the effect of this offense on both the Atlanta Police Department and the community. Although the jury found that Testler was not responsible for the shooting, he was culpable for the cover-up. Considering the collateral damage of the whole incident, the judge probably wanted to send a message. Looks like he did.

Of course, Tesler has the right to pursue an appeal of both the conviction and the sentence, but his defense lawyer may advise him not to. Tesler basically admitted the only count of conviction, and Georgia judges have a lot of discretion in sentencing after a criminal trial. If Tesler and his lawyer want to appeal or ask for a new trial, they have to file a notice within 30 days.

There are some community activists asking for a federal criminal investigation, but that would be unlikely. The feds have already charged the other two officers and apparently gave Tesler a pass based on what they knew about his involvement. I see no reason for the U.S. Attorney in Atlanta to re-visit that decision now.

The jury finally reached a decision.

Former Atlanta Police officer Arthur Tesler was found guilty of making a false statement to investigators in connection with the 2006 Neal Street shooting, but was found not guilty on the false imprisonment and violation of oath of office charges.

With the conviction on one count, he faces a maximum of 5 years in prison. Realistically, he is looking at a lot less time.

Although the judge is authorized to sentence Tesler to straight probation, it's unlikely. The judge ordered him taken into custody after the verdict. That's unusual for a false statement case, especially when the sentencing has been postponed until later in the week. Maybe a 12 month sentence? Just my guess. The extra couple of days should allow Tesler's criminal defense lawyer to call witnesses to the sentencing hearing.

The Atlanta Journal Constitution has the story.

The verdict looks bad for the Fulton County DA's office because Tesler was convicted on only 1 of the 3 counts. And the count of conviction was something Tesler admitted to doing when he testified - lying to the FBI after the shooting occurred.

If the DA's office had drafted the indictment differently, Tesler would likely have also been convicted on the oath of office charge. Ultimately, it probably won't matter for purposes of sentencing. Judge Johnson heard all the evidence and probably has a good idea of what sentence he will impose.

Sentencing is set for Thursday.

Georgia State Rep.Ron Sailor, Jr. pleaded guilty this week to federal money laundering charges in Atlanta. All the local news media covered the story. (The picture on the left is Sailor and his Atlanta criminal defense lawyer Bruce Maloy.) Bill Rankin provides a good summary of the investigation and the plea in the Atlanta Journal Constitution.

Now we know why Sailor has missed so many votes in the Georgia General Assembly - the government told him to. Federal prosecutors apparently instructed Sailor not to vote during the time he was cooperating with the government to avoid any appearance that the feds (a Republican controlled Justice Department) were telling Sailor how to vote. I am not sure how his constituents feel about that, or how silencing a reliable Democratic vote may have affected pending legislation. Because Sailor had not entered a guilty plea until this week, he would not have been prevented from holding his seat and voting on legislation. Interesting issue, but unlikely to get any attention. Another interesting issue is why Sailor was approached by this undercover agent. What led them to Sailor? Was it another cooperating witness? Or, did they just chose him at random?

U.S. Attorney David Nahmias told reporters that Sailor has been cooperating with law enforcement in an ongoing investigation into public corruption in Georgia. Apparently, he's been cooperating for several months while his arrest was kept under seal. Nahmias described Sailor's cooperation as "useful." Anyone who follows Georgia politics would not be surprised if there are additional legislators under investigation for violating various federal laws. The dome may be gold, but it's certainly not pure.

As with most plea agreements in federal court, Sailor is not guaranteed any specific sentence. The amount of time he will have to spend in federal custody will be determined by the judge after a Presentence Investigation Report is prepared by the U.S. Probation Office. The judge will consider the federal sentencing guidelines, but ultimately make his decision based on the sentencing factors set forth in the federal criminal code (18 U.S.C. 3553).

I am sure Sailor and his defense attorneys are hoping that the government will reward him for his cooperation by filing a "5K" motion before he is sentenced. "5K" refers to a section in the federal sentencing guidelines that rewards a defendant with a possible reduction in his sentence for providing "substantial assistance" to the government. Whether the defendant has provided "substantial assistance" is always up to the government. If a "5K" motion is filed, the judge can disregard any mandatory minimums and impose a reasonable sentence. That usually means the defendant will get less time. Although the government attorney usually makes a recommendation, the amount of the reduction is ultimately up to the judge.

Now that Sailor's plea is public, we should soon see if his cooperation results in any arrests. I expect the feds will likely wait until after the legislative session if they intend to charge any other state representative. But after March, who knows...

Former District Attorney Tim Madison was sentenced last week to 6 years in a Georgia prison for his role in a scheme to steal money from Banks County. Madison pleaded guilty to a number of counts, but they all basically involve the same crime - taking money from county funds that he was not authorized to take.

He convinced Banks County to pay a salary to an assistant district attorney who was already being paid by state funds. Madison and the attorney then split up the extra salary. Madison also admitted falsifying time cards for his wife who was on his payroll at the time. The other charges - false statements and violating his oath of office - were part of the scheme to cover the fraud.

The Athens Banner Herald did an excellent job of covering this case from start to finish.

Madison got 6 years to serve, but the total sentence is 12 years - the first six will be served in prison, the remainder on probation. In reality, Madison will most likely only serve 2 or 3 years before being paroled, considering his age and the improbability of recidivism. He also has to pay $40,000 in restitution. The sentence imposed by the judge sets forth the prison term and the conditions of his probation.

I'm not sure where Madison will actually serve his time. Other Georgia officials convicted in public corruption cases have often been moved to out-of-state federal facilities, especially if they are former law enforcement officers. If he went to a Georgia prison, he may run into one of the people he prosecuted. Not a good thing for the former "tough on crime" D.A.

The Georgia Attorney General's Office asked the judge to impose an 8 year sentence. Madison's defense lawyers asked for a long term of straight probation. No doubt that Madison had two of Georgia's best criminal defense lawyers representing him, but it appeared that the judge had already made up his mind. Perhaps he was influenced by the tough stance Madison used to take on plea deals and sentences for theft cases. He probably would have given himself 10 years to serve.

Madison had served as District Attorney in that circuit for over 25 years. On Saturday, he will begin serving his sentence in the Banks County jail. It's a big change. Some local attorneys thought the sentence was too harsh, but defense lawyers and prosecutors that know Madison consider the sentence an appropriate one. Most criminal defense attorneys that have gone up against Madison agreed with Georgia's Attorney General - "Madison's sentence was not only consistent with the harm that Madison wreaked on the Piedmont Circuit, but was also consistent with sentences that Madison himself had sought from accused or convicted thieves in similar cases."

The case is not over. Charges still remain pending against Madison's wife and the assistant district attorney who agreed to the scheme to divert part of his county salary. Their trial date should be set by March 25.

It's going to be a long, tough road for Tim Madison. But it's hard to feel sorry for him. I never personally tried a case with him, but other defense lawyers tell me he got what he deserved. I doubt he would have shown any mercy if he had been the D.A. prosecuting someone for theft of public funds.

The police chief of Jefferson, Georgia was indicted this week on 30 counts of theft and invasion of privacy charges. According to the indictment, the chief was unlawfully using his access to the Georgia Crime Information Center to run background checks for his wife's security business. He is also charged with using city property to benefit his wife's business.

The indictment is the result of a two-year investigation by the GBI. The chief is being represented by Mike Bowers, the former Georgia Attorney General and an excellent lawyer. The chief's surrender to the local jail was covered by the Athens Banner-Herald.

It appears that Bowers has already started to fight. He filed a motion to dismiss the indictment because his client was not allowed to appear as a witness before the grand jury when it considered the charges against him.

He has a good argument. Georgia law provides as follows:

Section 17-7-52 of the Georgia Code: (a) Before an indictment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by a grand jury, the officer shall be notified of the contemplated action by the district attorney of the county wherein the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4. (b) The requirements of subsection (a) of this Code section shall apply to all prosecutions, whether for misdemeanors or felonies, and no such prosecution shall proceed either in state or superior court without a grand jury indictment.

This means that police officers charged with serious crimes in Georgia have a legal right to appear before the grand jury considering the charges against them. They get to make a statement and sit through all the other evidence, but they do not have to answer any questions. Even their lawyers get to sit in.

The DA's know this and try to get around the statute. Their argument is usually that the cop was not "performing his duties" because he was violating the law. Of course, that begs the question. You can't assume that the officer is guilty until he is indicted and convicted. Until then, he is presumed innocent like everyone else.

Our firm has represented several police officers charged with crimes, in both Georgia and federal courts. (Read the local media coverage of our work in these cases.) In my experience, Bowers is right. Grand juries are reluctant to indict police officers when the officer is able to speak directly to them and explain the circumstances that led up to the allegations. I have never had one of my officer clients indicted after they appeared before the grand jury considering the charges.

Of course, it helps to have a client who is not guilty. We'll see how this case turns out.