Aug. 6, 2010 News Clippings

Daily Report

Chief judge of Fulton State Court resigns

8:09 pm, August 5th, 2010

Fulton County State Court Chief Judge Albert L. Thompson resigned his judgeship Thursday, saying in a brief resignation letter to Gov. Sonny Perdue that after 30 years in service to the state, “it is time to move on.”

Thompson’s four-line letter said his resignation will be effective Sept. 6. “It has been a distinct pleasure and a priviledge [sic],” the judge concluded. “Thank you and all the citizens of Georgia.”

Perdue’s executive counsel, Nels Peterson, said that he was in a meeting when he received Thompson’s resignation letter by a member of the governor’s staff. Peterson said he did not know what prompted Thompson’s resignation.

Thompson’s chambers were closed when the Daily Report telephoned them around 5:15 p.m. Thursday.

Thompson, a Morehouse College graduate who earned his law degree from Boston Colletge in 1972, has been a Fulton County State Court judge since 1985. He became chief judge in 1998, a post he has held for the past 12 years.

Greg Land contributed to this report.

Contributor: R. Robin McDonald



GAVOICE


Teens arrested in anti-gay crime charged as adults


BY DYANA BAGBY

FRIDAY, 06 AUGUST 2010 00:00

The six male teens charged with felony armed robbery in the bias crime against a gay pastor and his friend will be charged as adults and face a bond hearing Aug. 19.

The teens, ages 13 through 19, have been indicted for felony armed robbery and were arraigned Aug. 2 in Fulton Superior Court when the bond hearing was set.

Those charged are Sam Johnson, 17; Benjamin Johnson, 16; and Daequan Lewis, 15, who are all listed as living at the same residence in Stone Mountain. Also charged is Jarvis Johnson, 19, of Parkway Drive in Atlanta. Sam Johnson was identified by APD as the gunman. Atlanta Police reports identified Jamal Bryant, 13, and Tyrone Smith, 16, as two other suspects who are also charged as adults.

Rev. Josh Noblitt of Saint Mark United Methodist Church, one of the victims of the armed robbery on July 2, attended the court hearing on Aug. 2 and said Senior Patrol Officer Patricia Powell, the Atlanta Police Department’s LGBT liaison, was with him the entire time.

He said that before he and his friend, Trent Williams, were attacked last month while having an evening picnic in Piedmont Park, three of the suspects walked up to them and asked, “Are y’all gay? Two men laying on a blanket. We ought to beat y’all for that.”

The three youths walked off and returned later with a stick and got into a fight with Noblitt and his partner. During the fight, Noblitt called police from his cell phone. At the same time one of the three youths called for reinforcements, according to Noblitt and APD reports.

Several more teens showed up on the scene and one pulled a gun on Noblitt, held it to his head, and demanded their money.

Despite the seriousness of the crime, Noblitt admits he is torn about some of the teens being charged as adults. Knowing one of the suspects is 13 is “heartbreaking,” he has said.

“I honestly don’t know how I feel about these young people being tried as adults, because I don’t know a lot about the differences between the adult system and the juvenile system, and whether in these type of circumstances either one of them offer any meaningful rehabilitation other than prison time or paying a fine,” Noblitt said after the Aug. 2 hearing.

“I still know nothing about these young people,” he added. “Why were they in the park to begin with that night causing trouble? Have they done this before? What is their home life like? Do they have any mental health problems that have been undiagnosed or untreated?

“Where did they get their anti-gay rhetoric from and what led them to believe that they were justified in committing acts of violence on someone because they were perceived to be gay?

Noblitt noted that he is “also interested in examining ways in which we can change the climate of our culture so that young people do not end up in these situations.”

“Better yet, I’m interested in changing the hearts and minds of young people so that they will embrace diversity and understand sexual orientation and gender identity to be just another part of who a person is the same way that things like being left handed, tall, curly haired or introverted are,” he said.

At a July 22 LGBT town hall forum with top brass of the APD including Chief George Turner and Powell, the LGBT liaison, Noblitt asked what the city was doing to try to curb juvenile crime in the city.

Mayor Kasim Reed, who was also at the forum, explained that his promise to open recreation centers throughout the city to offer young people a place to go and participate in activities such as basketball tournaments and other sporting events was one way his administration was working to address the issue.



Atlanta Journal Constitution

Toe typer dismisses skeptics, makes media rounds

By Christian Boone

The Atlanta Journal-Constitution

9:32 p.m. Thursday, August 5, 2010

Amy Windom's "MacGyver moment" has attracted a fair share of skeptics, many of whom can't understand how she managed to unlock her laptop after being tied up by an armed intruder early Tuesday morning in her Grant Park home.

"It's kind of a family joke," Windom told the AJC. "I have really long toes. My sister used to tease me about it all the time."

Windom, along with boyfriend John Hilton, made the rounds on the network morning shows Wednesday, repeating her fantastic story and, at one point, demonstrating her magic digits for a disbelieving talking head. But there's one question the cynics can't seem to answer: Why would she make it up?

"I guess some people think I'm doing it for attention, like I can predict the whims of the media," she said. "Don't worry, I won't be writing a book about it. But I'm grateful that I'm OK and can tell the story."

A quick recap: Windom was home early Tuesday when a thief broke into her home in the 700 block of Glenwood Avenue. He struck her on the head with his handgun, then tied Windom to the bed where she had been sleeping. She struggled in vain for more than five hours before "a light bulb went off."

"You'd be amazed at what you're capable of after being tied up half the night," the 39-year-old AT&T consultant said.

Windom had talked the intruder out of stealing her laptop, telling him it contained a tracking device. She was able to wriggle her toes to open up the computer, using one of her elongated digits to hit the "Ctrl" and "Alt" keys. With another toe, she was able to grasp the laptop's power cord, which she used as a makeshift mouse to plunk "Delete."

Once online, she messaged her boyfriend, typing "HELP" and "CALL 911″ to Hilton, who summoned police to her rescue. For the record, Atlanta police spokesman Curtis Davenport said officers "have no reason to believe" Windom's complaint is illegitimate.

Investigators already have recovered her 2009 Acura TSX. They've also identified a potential suspect responsible for a similar incident in July just a couple of miles away from Windom's residence.

"It wasn't like this the last time my home got broken into," she said.

It was last New Year's Eve and Windom's mother was visiting. She was home alone while Windom and Hilton celebrated the onset of 2010.

"They didn't think anyone was home, and as soon as they saw her, they ran," Windom recalled. They took off in her car, which was recovered, stripped bare, three weeks later. The intruder was never caught.

Windom said she was disappointed with the police response; "They didn't even dust for prints," she said.

So when the media came calling after Tuesday's incident, Windom didn't hesitate. Her boyfriend wasn't so sure.

"I'm just doing what she wants," said the unassuming CNN web developer. "I was reluctant, but I'm more concerned with her being OK. I didn't want to be part of any circus."

Windom said she resents any implication that she's milking, or manufacturing, her ordeal.

"If people want to think it's fishy, that's fine," she said. "I understand, what with the balloon boy story and all that. But it's upsetting, as a victim of a crime, to have my motives questioned."

She hasn't returned home yet and isn't yet ready.

"I definitely want to get a new security system," Windom said.

Nearby residents told the AJC that the neighborhood has been plagued by more than a half-dozen break-ins in recent months.

Find this article at:

http://www.ajc.com/news/atlanta/toe-typer-dismisses-skeptics-585113.html




Fox 5 Atlanta

Man Accused of Killing Roswell Woman Pleads Guilty


Published : Thursday, 05 Aug 2010, 12:36 PM EDT

By: Deidra Dukes


ATLANTA - Emotions ran high in a Fulton County Superior courtroom Thursday morning where a man went back and forth on his decision to plead guilty to murdering his ex-girlfriend.

The victim's family watched it all unfold and finally heard Calvin Myers admit to the crime.

Myers was facing charges of felony murder, malice murder on top of an initial charge of aggravated assault in the killing of the mother of his children.

Roswell police say Meyers bashed 40-year-old Minka R. Grogan -- the father of two of Grogan's four children -- with a rock. He says Meyers also crashed his car into the front of her townhome.

An unnamed man who was upstairs showering came out when he heard the car crash. He told police he was there to mow her lawn.

Police say Meyers chased him with a butcher knife, but the man managed to escape.

Myers is expected to be formally sentenced next week.

Copyright AP Modified, Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



Daily Report


Hall County Judge Fuller can hear case against county


10:23 am, August 5th, 2010 by Andy Peters

A Hall County Superior Court judge can hear a suit brought against Hall County, even though his salary—like those of his colleagues—is supplemented by county funds, a Gwinnett County judge ruled this week, the Gainesville Times reported.

Gwinnett County Superior Court Judge Debra K. Turner ruled that Judge C. Andrew Fuller of the Northeastern Judicial Circuit does not have to recuse from a suit filed by the city of Clermont against Hall County. Clermont accuses the county of reneging on a promise to build a sales tax-funded library in the city. Read more »

Contributor: Andy Peters




Daily Report


Linda Evans named to JQC


8:51 am, August 5th, 2010 by R. Robin McDonald

Gov. Sonny Perdue has named Linda Evans – the wife of former Georgia Republican Party general counsel J. Randolph Evans — to the state Judicial Qualifications Commission. Evans replaces Robert P. Herriott, a retired Delta Air Lines pilot who resigned from the commission last May, saying in his resignation letter to the governor that he believed the commission had surrendered some of its independence to the chief justice of the Supreme Court of Georgia.

Evans, an attorney, joins the seven-member JQC as one of two “citizen” appointees named by the governor. The Commission also includes two judges selected by the state Supreme Court and three attorneys, each of whom must have at least 10 years of experience, and who are selected by the State Bar of Georgia. Read more »

Contributor: R. Robin McDonald



News

S.J. SUPERIOR COURT CANCELS 14 LAYOFF NOTICES

By Scott Smith

August 06, 2010

Record Staff Writer

STOCKTON - The San Joaquin County Superior Court has rescinded 14 layoff notices sent out last month to support staffers, court administration and union sources said.

The bargaining unit for the employees negotiated with court administration to take off about two days each month in unpaid time between now and Oct. 31, San Joaquin County Superior Court Executive Officer Rosa Junqueiro said.

The furlough days will be rolling, so the court will keep its doors open five days a week, she said.

Layoff notices had gone out because the court needed to make up an expected $776,000 shortfall in the anticipated budget of $38.6 million for the fiscal year that began July 1. Because state legislators in Sacramento have not passed a budget, the court has to estimate its spending plan.

Those who had received pink slips were clerks who manage files for judges in court and clerks who process traffic tickets. One probate investigator also had received a layoff notice. They no longer expect their last day to be Aug. 13.

Tim Robinson, a court clerk and union negotiator, said the vote among his members agreeing to furlough days was close. In concessions, his members will keep their 3 percent cost of living increase but go on furlough 15.2 hours each month to save jobs, he said.

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.



Crime Report

Crime Prevention, Court Programs Get Annual Justice Awards

Thursday, August 5th, 2010 4:01 am

Crime prevention and court-treatment programs were featured this week as the winners of the annual National Criminal Justice Association outstanding criminal justice program awards. The honors were announced at the association’s annual forum, held this year in Ft. Myers, Fl. Honorees from the group’s four regions were the state of Maryland’s violence prevention initiative, the Michigan State Police Teaching Educating and Mentoring program (TEAM), West Virginia’s Northern Panhandle Treatment Courts, and the south Los Angeles-based African American Unity Center Youth Development Program.

Getting special recognition was the Northern Mariana Islands’ Family Court Client Services Program. Winning a career service award was James Kane, director of Delaware’s Criminal Justice Council from 1996 to 2009. The IJIS Institute gave the Robert P. Shumate National Public Safety and Justice Contributor to Excellence Award to David Gavin, a longtime former official of the Texas Department of Public Safety and former chair of the FBI’s Advisory Policy Board Information Sharing Subcommittee. The institute gave an innovation award to the Iowa Division of Criminal and Juvenile Justice Planning and URL Integration for an initiative to connect criminal justice information systems across the state.





Judge Orders L.A. Times Not To Publish Murder Defendant Photos

Thursday, August 5th, 2010 4:11 am

A judge issued an unusual order yesterday, telling a Los Angeles Times photographer not to publish pictures after granting him permission to take them. Legal experts told the Times that prohibiting publication of an image that a photographer had permission to take could violate the 1st Amendment. The case involved Alberd Tersargyan, 60, who was in court for a scheduled arraignment on multiple murder counts in connection with the slayings of four people — including three members of the same family — from 2008 to 2010.

Judge Hilleri Merritt approved a request by Times photographer Al Seib before the arraignment to take pictures of Tersargyan. During the hearing, prosecutor Eric Harmon reminded the judge about a prior order banning photography and video. Harmon said it was possible the pictures could affect potential eyewitness testimony but didn’t object to the photographs. Defense lawyer Patricia Mulligan objected to having her client photographed. Merritt chastised both sides for not raising the issue earlier but then told Seib to immediately stop taking pictures and ordered him not to publish the images he had already taken. Lucy Dalglish of the Reporters Committee for Freedom of the Press said there was no legal reason why the judge should not have allowed the pictures to be published absent a demonstration of “direct, immediate, physical harm that is not speculative.”

Link: http://www.latimes.com/news/local/la-me-little-armenia-murders-20100805,0,6265103.story



“Stand Your Ground” Law Complicates Florida Murder Cases

Thursday, August 5th, 2010 4:10 am

A gang of young Tallahassee street thugs drove into a rival gang’s turf, guns at the ready, looking for a fight. Thirty shots were fired that day in 2008, says Miami Herald columnist Fred Grimm. A 15-year-old kid was killed. Two of the invading gang members faced homicide charges. The case fell apart this spring. The actions of two gun-wielding gangbangers, a judge ruled, were protected from prosecution by the 2005 “Stand Your Ground” law that expanded the definition of justifiable self-defense into something vague and plainly dangerous.

Someone claiming to feel “threatened” no longer has an obligation to retreat, call police or avoid the use of deadly force. “What this means, as illustrated by this case, is that two individuals, or even groups, can square off in the middle of a public street, exchange gunfire, and both be absolved from criminal liability if they were reasonably acting in self-defense,” wrote Circuit Judge Terry Lewis. ”It is very much like the Wild West,” said the judge. Willie Meggs, president of the Florida Prosecuting Attorneys Association back in 2005, had warned that Stand Your Ground legislation would spawn unintended consequences. He called it the “shoot your Avon lady law.” The law has complicated once-routine homicide prosecutions. “We have been forced to spend significant time and resources litigating defense motions which, in essence, seek court-ordered immunity for defendants charged with violent crimes,” said Palm Beach State Attorney Michael McAuliffe.

Link: http://www.miamiherald.com/2010/08/04/1761938/stand-your-ground-works-for-criminals.html




These news articles were compiled by the Superior Court of Fulton County, Office of Public Information as a service to the Fulton Judicial System. The purpose of this service is to keep judges, court staff and other interested parties informed of the latest developments affecting the practice of law, the administration of justice and public perceptions of the judiciary. News stories are selected after the consideration of certain criteria, including if the article contains news about the Superior Court of Fulton County or the judicial system. News stories will not be included if they contain profanity or vulgarity or come from a publication that defines its circulation and audience in terms of a special interest. Exclusively political stories will not be included, except for stories about the announcement of a candidacy for judicial office, major editorial endorsements of candidates for judicial office, or the outcome of judicial elections.


For further information about this news service, contact: Don Plummer, Public Information Officer, Superior Court of Fulton County. Don.plummer@fultoncountyga.gov.