Judge dismisses Kenneth Walker suit - 2nd Grand Jury Not Allowed
Friday, April 22, 2005 at 10:30PM
TheSpook
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Kenneth Walker was shot and killed by former Deputy David Glisson in December of 2003. A grand jury cleared him of criminal charges 11 months later. Civil rights leaders then filed a petition saying Glisson wasn't sworn in during that hearing, and they wanted a new one. In a hearing Wednesday, Judge Jordan ruled to dismiss the petition, meaning no other grand jury will hear the case. The ruling ended the suit for a writ of mandamus filed Nov. 30, 2004, by Edward DuBose, former president of the Columbus chapter of the NAACP. The complaint sought an order compelling Dougherty County District Attorney Kenneth Hodges to correct an error that allowed former Muscogee Deputy Sheriff David Glisson to make an unsworn statement to the grand jury on Nov. 22, 2004. The next day, the grand jury returned a no bill, refusing to indict Glisson in the Dec. 10, 2003, shooting death of Walker during a traffic stop.  Jordan's ruling granted the motion to dismiss argued by Assistant Attorney General Kay Baker, who said a writ of mandamus was the wrong mechanism for a remedy.The judge noted that the prosecutor still has the discretion to present the case to a second grand jury. "Broad discretion remains with the district attorney, who may exercise his discretion to present to a subsequent grand jury... or, in his discretion, to choose not to present to a subsequent grand jury," Jordan said. [more] and [more]
Article originally appeared on (http://brownwatch.com/).
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