Some Fulton County Prisoners may be Freed Over Atlanta Police Officers' Lies: Fulton DA says drug cases tainted by dirty cops

The Atlanta Journal-Constitution [HERE]

Fulton County District Attorney Paul Howard said Friday that four men should be released from prison because their drug convictions were based on the work of Atlanta cops who have admitted lying to make cases, including one that left a 92-year-old woman dead in a botched raid.

It will be up to the judges in each case to decide if the prisoners go free.

"It's important to us that no one is incarcerated unnecessarily," Howard said in an interview.

Howard said he was only asking, for now, that the sentences be commuted to time served in the four cases. Ultimately, Howard may move to have the convictions erased against Mingus Williams, Kerry Adams, Oliver Lester and Travis Brice, depending on what investigators learn as they examine the cases.

"If it's determined that those folks were arrested illegally, we will ask that their cases be expunged," Howard said.

At the same time, prosecutors dropped 41 pending cases, at least temporarily.

The district attorney said he is doing nothing, however, with two others convicted on the work of officers Gregg Junnier, Jason R. Smith or Arthur Tesler.

Junnier and Smith have pleaded guilty to the voluntary manslaughter of 92-year-old Kathryn Johnston and to federal allegations they conspired to violate her civil rights. Tesler was indicted on lesser state charges, which he is fighting.

One of the cases Howard is not acting upon is that of Laquita Franklin, who pleaded guilty Sept. 1, 2004, after she was arrested with crack cocaine. She went into drug rehabilitation rather than prison. "We think she probably needs to stay," Howard said.

In the other case, Reginald Grooms pleaded guilty almost two years ago in six separate drug cases, but only one involved one of the rogue cops — Smith. Grooms has six years left on his prison sentence.

The four men Howard asked be released have already served most of their sentences.

All pleaded guilty and received reduced sentences. At least three of the men had criminal records for similar offenses.

Williams' attorney, Jonathon Majeske, said his client "always maintained his innocence. He said he didn't do anything."

In August, Williams was on trial for possession of marijuana with intent to distribute, a charge brought by Junnier in 2005. While on a lunch break and driving several miles from the courthouse, Smith stopped him for not wearing a seat belt and not using a turn signal. According to court papers, Smith found 12.6 grams of marijuana and 7 grams of cocaine when he searched the car.

"It was like, 'Let's get this guy. He's an easy target,' " said his mother, Mary Williams. "It was like they were waiting for him."

She said her son was despondent from having been turned down for parole last week. He has 15 months left on his sentence.

Since the shooting on Neal Street in November, at least two prosecutors and two investigators in Howard's office have been reviewing files of the cases brought by three officers. In the Johnston case, Smith lied to a judge, saying an informant bought drugs at that home.

Fulton prosecutors have already asked judges to "dead docket" 41 pending cases, a process that keeps a case open but makes it inactive, while they investigate each one.

The list is far from complete. Howard said his office needs to interview Junnier and Smith, who are also working with federal authorities as they continue to investigate corruption within the Atlanta Police Department.

"I find that hard to believe that there are only four cases affected," defense attorney Noah Pines said, pointing out that one of the tainted officers, Junnier, was a narcotics officer for nine years.

Prosecutors focused first on the cases where defendants were still in prison "so they will be immediately released from custody," Howard said.

Another defense attorney worries that a dysfunctional criminal justice system allowed people to serve time in prison for crimes they may not have committed.

"The outrage is a prosecution and conviction, under these circumstances, could ever take place, that rogue cops falsifying evidence and framing innocent people could take place at all," said Steve Sadow. "That it could take place for such a substantial amount of time is even worse. Where are the checks and balances in the system?"