Nearly four years after some Atlanta students sat down to take the 2009 Criterion Referenced Competency Test, the criminal investigation into cheating on those exams and allegations of a culture that supported it, is now being heard by a Fulton County grand jury.
Right now there’s only speculation as to who is testifying and just as important, about what.
Criminal defense attorney and WABE legal analyst Page Pate says in grand jury hearings there’s only one side to be heard.
And in this case, it will be what Fulton County District Attorney Paul Howard is presenting.
“They (the grand jurors) will vote and they will make a determination if they believe there is probable cause to file criminal charges. They will sign off, usually on an indictment that has already been drafted by the district attorney and once they do that, that indictment is filed in open court and then arrest warrants are issued.”
The district attorney’s office began the investigation more than a year ago.
Over that time, the district attorney’s office subpoenaed APS for documents, computers and even cell phones belonging to former Superintendent Dr. Beverly Hall and other former high-ranking APS administrators.
The district attorney’s office even enlisted the assistance of a notable racketeering expert.
Pate says with so much time and effort put into the investigation, he expects some charges:
“The only thing they can charge these people with are serious felony offenses like racketeering. The statute of limitations period has run on any misdemeanors. They cannot charge them with a misdemeanor offense at this point, it’s been too long.”
A spokesperson for Paul Howard’s office would not comment on the grand jury.
An attorney for Dr. Beverly Hall told WABE he was not aware if she was facing an indictment.
Statement from Atlanta Public Schools:
The Fulton County grand jury process for former Atlanta Public Schools employees who were implicated in the 2009 CRCT cheating scandal began today Wednesday, March 27. This is a legal matter between the individuals implicated and the Fulton County District Attorney’s office, and we will allow the legal process to take its course. Our focus is on providing a quality education to all of our students and supporting the 6,000 employees who come to work each day and make sound decisions about educating our students.
Disclosure: As part of its investigation of the APS cheating scandal, the Fulton County District Attorney’s office subpoenaed Public Broadcasting Atlanta for information. WABE’s broadcast license is held by the Atlanta Board of Education.
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