Motions To Dismiss APS Indictments Argued in Court
Motions challenging the indictment of 35 former Atlanta Public Schools educators began today. Attorneys for the defendants as well as the prosecution argued their sides to Fulton County Superior Court Judge Jerry Baxter.
Each defendant has different motions, but all of the defendants have joined in to simply get the indictment thrown out.
One argument is that the indictment was a product of an unlawful investigation.
David Bailey, an attorney for former APS Superintendent Dr. Beverly Hall, argued that then-Gov. Sonny Perdue did not have the authority to launch the investigation, and therefore any evidence gathered under oath is invalid.
Instead, David Bailey contends:
“… and as for those investigations, subsection B gives the Attorney General the authority to administer oaths straightforwardly and to issue subpoena for witnesses and documents. Now, that ‘straightforwardly’ doesn’t apply to the Governor.”
The audio of the story as broadcast.
The prosecution, led by racketeering expert John Floyd, countered that Georgia law does give the Governor authority. Floyd also argued for the state against the motions challenging the statute of limitations and specifically regarding the RICO charge [Note: RICO refers to the Racketeer Influenced and Corrupt Organization Act]:
“Georgia RICO statute of limitations … expressly says, ‘Not withstanding any other provision of law … a criminal action or proceeding may be commenced up until five years.’”
Floyd is considered one of the nation’s top RICO experts and was brought in by Fulton County District Attorney Paul Howard.
All 35 indicted educators are charged with racketeering.
Other motions heard today seek to have individual counts stricken, such as making false writings and making false statements.
Judge Jerry Baxter said he would rule next week.
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On a lighter note, at one point Judge Baxter told Floyd he looked worn out and wanted to know if he (Floyd) was doing all right – to which Floyd responded, “It’s not easy being a hired gun, your honor.”
We have put together an interactive map of where the indicted educators and administrators worked within the APS system. Clicking on one of the schools will bring up a list of the educators from that school that were indicted and are now standing trial.
View APS Cheating Scandal Indictment Map in a larger map
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