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State v. Gleaton

The state violated the defendants' right to a speedy trial for a murder that occurred on August 7, 2005 at an apartment complex that was subsequently condemned.

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This is an appeal by the State from the grant of the joint motion of defendants Maurice Gleaton and Antonio Clark to bar their trial due to the violation of the constitutional right to a speedy trial. See OCGA § 5-7-1 a 1.1 For the reasons which follow, we affirm. The State and Gleaton and Clark stipulated to the following before the trial court. On August 7, 2005, Kenneth Kemp was shot and killed at an apartment complex in Fulton County. Through the interviews of three witnesses, the police developed Gleaton and Clark as suspects in Kemp’s murder. Although there were many other people near victim Kemp when the police arrived, no one else admitted to having any knowledge of the murder. On September 8, 2005, arrest warrants were issued for Gleaton and Clark and they were arrested within a month of the issuance of the warrants.

Shortly after the arrests, a probable cause hearing was held and within days of that hearing, two of the three State’s witnesses recanted the statements they had provided to the police. The third witness left Georgia shortly after Kemp’s shooting, and when he was contacted by the office of the district attorney, he expressed unwillingness to further assist in the prosecution of Gleaton and Clark. The victim, Kemp, had been named as the primary suspect in a murder that occurred the day before his death, and he was armed with a gun at the time of his death. By November 3, 2005, both Gleaton and Clark had been released on bond, and due to the recantations and uncooperativeness of the witnesses, the district attorney did not, in the ordinary course of business, present the case to the grand jury for indictment.

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