Judge Drops Bar Complaints, Will Dismiss Contempt Charges Against Prosecutors
A superior court judge has asked the State Bar of Georgia to drop bar complaints he made against the Coweta Circuit district attorney and two prosecutors and promised to dismiss criminal contempt charges against them.
September 17, 2019 at 01:54 PM
5 minute read
A superior court judge has asked the State Bar of Georgia to drop bar complaints he made against the Coweta Circuit district attorney and two prosecutors and promised to dismiss criminal contempt charges against them.
In a Sept. 12 letter to grievance counsel Adrienne Nash at the State Bar of Georgia, Superior Court Judge John Simpson, chief judge of the Coweta Judicial Circuit, said he wished to withdraw complaints he filed against Circuit District Attorney Herb Cranford and two of his assistant district attorneys, Lara Myers and Matthew Swope.
Simpson said in his letter that he is "satisfied" with a resolution he reached with the three prosecutors after Simpson accused them of Brady violations linked to the May vehicular homicide trial of former Georgia state trooper Anthony "A.J." Scott.
The judge also said prosecutors have agreed to work with his office, circuit public defenders and members of the criminal defense bar "to achieve best practices in the handling of discovery materials and the use of demonstrative aids in closing argument."
"These three attorneys have historically conducted themselves with honor and integrity in this circuit, and I anticipate they will continue to do so," the judge's letter said. "At this time I sincerely believe no further action is necessary."
In a separate consent order cosigned with Cranford on Sept. 12, Simpson said he was dismissing the contempt citations "in the interest of justice."
The consent order, which the judge assured Cranford's lawyer in a separate letter that he intends to file, stated the prosecutors' use of a demonstrative aid during closing arguments at Scott's trial was "subject to the discretion of the chief judge" and that "best practice is for the state to give notice to the court" before using a demonstrative aid in court. The order also acknowledged the judge as "a statewide leader in the adoption of accountability courts," although Scott was not tried in one of those courts.
Simpson ordered a mistrial in Scott's case on May 24 after rebuking Myers and Swope in front of the jury for using an enhanced version of a video recording as a demonstrative aid during closing arguments without first informing the defense.
Simpson also accused prosecutors of failing to inform the defense that shortly before the trial, another state trooper developed a new theory for a 2015 crash that killed two teenagers and led to Scott's prosecution. Prosecutors did turn over a new, altered version of Scott's dashcam video to his defense and played it for defense lawyers several times before the trial. But they didn't pass along the trooper's theory, which contradicted the official accident reports.
That trooper, Brandon Stone, decided that one teenager who died after she was jettisoned from the car may have been sitting in the front seat passenger's lap rather than in the back seat. If so, Stone believed that she might have obstructed his view as he turned left across the highway and into Scott's path.
Scott—a Buchanan city councilman who is running for mayor—was going 90 mph when he slammed into another car, killing two teenagers and leaving two others with severe head injuries. He was not on a call and was not using his blue lights or sirens when the teens' car turned across the highway in front of him.
Scott was fired shortly after the crash. He was tried on two counts of second-degree vehicular homicide, two counts of committing a serious injury by vehicle, speeding, reckless driving and violating his oath of office.
Following the aborted trial, the judge ordered his own criminal contempt inquiry of prosecutors and filed the bar complaints. When prosecutors moved for his recusal, Simpson refused to step down and then issued the contempt charges. The judge also demanded that Cranford disqualify himself and his office from any further involvement in Scott's case and threatened to go to the state attorney general if he didn't.
In a letter to Cranford counsel Brian Steel, also dated Sept. 12, Simpson requested that he withdraw a petition for a writ of certiorari pending before the Supreme Court of Georgia. The petition, co-signed by Myers' counsel Rudjard Hayes and Swope's counsel, Thomas Bever, asked the high court to hear an appeal of Simpson's refusal to recuse.
"If you will withdraw the petition with the Georgia Supreme Court, I will promptly rule on the pending motions and file the consent order," Simpson wrote.
Steel did so last Friday.
Asked Monday how he and the DA had resolved their differences, Simpson declined to comment. He said his next step will be to rule on pending motions to strike the criminal contempt order and recuse himself, but he wouldn't say whether he intends to step away from the Scott case. Scott said he has "no idea as to when" he will rule, but added, "I hope to do it quickly."
"I can't comment beyond that," he said. "We've got a wonderful First Amendment. It just does not apply to judges."
Hayes and Bever couldn't be reached for comment. But Steel said Monday, "District Attorney Cranford and I are satisfied that this ordeal appears to be coming to a proper conclusion in the near future."
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