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In re Earle

Assistant District Attorney's misrepresentation of his efforts to secure an incarcerated witness and his refusal to comply with a direct order to dead docket a criminal case supported the civil contempt order against him.

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Myrlin Earle, an Assistant District Attorney for the Fulton County District Attorney’s Office, appeals from the trial court’s denial of his motion to dismiss an order of civil contempt. Having reviewed the entire record,1 we find no error and affirm.

The record shows that On December 7, 1998, Judge Bensonetta Tipton Lane of the Fulton County Superior Court called for trial the case against Antonio Evans, which involved numerous violent offenses against three different victims.2 Evans had been incarcerated for two years and his was one of the oldest cases on the trial calendar. Judge Lane reminded Earle that he previously had been ordered to strike a jury for the case that day or to dead docket it. Even so, Earle asked for a continuance of the trial so that he could secure an allegedly crucial prosecution witness who was incarcerated in a federal prison in Leavenworth, Kansas. Judge Lane reminded Earle that he had announced “ready” at the call of the trial calendar a week earlier, although Earle claimed that the announcement of ready was dependent upon his ability to secure the witness.

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