Attorney For Indicted Educator: Trying All at Once “Unconstitutional”

The remaining defendants include Dr. Luscious Brown, the former principal of Kennedy Middle School.

He’s charged with racketeering, making false statements and making false writings.

Brown will stand trial with the others.

That’s because recently Fulton County Superior Court Judge Jerry Baxter declared all would be tried at once.

Brown’s attorney, Brian Steel says he and his client will be ready, but in a recently filed motion, Steel is asking the judge to sever the parties.

“I cited for the court all the relevant law of a mega trial.  And that’s any trial that has multiple defendants, usually more than fourteen. And a trial that will last more than four months,” says Steel.

Steel tells WABE many in the legal community agree that trying all thirty-four at once is unconstitutional.

He says the consensus from around the country is that, “those trials violate everyone’s constitutional right to a fair trial.”

“Because juries can’t keep up,” he says. “With all the evidence and limiting jury instructions over a four month period and here we’re dealing with more than 30 people.”

Calls to Judge Baxter’s chamber were not returned by airtime.

It’s not clear when Judge Baxter will issue a ruling.

The trial is expected to begin next spring.