Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
An appeals court on Thursday overturned the conviction of a former Atlanta police officer sentenced to prison for lying to FBI agents about the killing of a 92-year-old woman during a botched drug raid.
In tossing out Arthur Tesler's conviction on the state charges, the Georgia Court of Appeals said Fulton County prosecutors failed to prove where the lying took place.
"Its admitted failure requires us to reverse Tesler's conviction," Chief Judge Yvette Miller wrote.
A Fulton County Superior Court judge sentenced Tesler to 4 1/2 years in prison and six months probation last May. Tesler has also pleaded guilty to federal conspiracy charges.
Kathryn Johnston was killed by a barrage of bullets fired by officers who stormed into her home in November 2006 with a no-knock warrant.
Police originally said officers had gone to Kathryn Johnston's northwest Atlanta home in 2006 after an informant bought drugs there. But after finding none, officers tried to cover up the mistake by planting baggies of marijuana, prosecutors said.
Two other officers, Jason R. Smith and Gregg Junnier, pleaded guilty to state and federal charges. Tesler, who did not fire a shot, faces sentencing next month after pleading guilty to a charge of conspiracy to violate civil rights resulting in death.
Tesler was in Johnston's backyard when plainclothes officers burst in through the front door the night of Nov. 21, 2006, using a special "no-knock" warrant to search for drugs. Johnston fired a single shot from a rusty revolver at the intruders, but hit no one, and officers fired 39 bullets, hitting the woman five or six times, prosecutors said.
Tesler's lawyer, William McKenney, called Thursday's ruling "terrific news" and told The Atlanta Journal-Constitution he hopes it will help at Tesler's federal sentencing.
McKenney also said that because the court found the evidence supported the jury's finding that Tesler lied to federal agents, there is a possibility of a retrial on the state charges.
A message left seeking comment from the prosecutor by The Associated Press wasn't immediately returned.
The Rev. Markel Hutchins, a spokesman for the Johnston family, issued a statement calling Thursday's ruling a minor setback.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Google News
Copyright: 2009 The Associated Press
Website: The Associated Press: Conviction nixed in deadly botched Ga. drug raid
In tossing out Arthur Tesler's conviction on the state charges, the Georgia Court of Appeals said Fulton County prosecutors failed to prove where the lying took place.
"Its admitted failure requires us to reverse Tesler's conviction," Chief Judge Yvette Miller wrote.
A Fulton County Superior Court judge sentenced Tesler to 4 1/2 years in prison and six months probation last May. Tesler has also pleaded guilty to federal conspiracy charges.
Kathryn Johnston was killed by a barrage of bullets fired by officers who stormed into her home in November 2006 with a no-knock warrant.
Police originally said officers had gone to Kathryn Johnston's northwest Atlanta home in 2006 after an informant bought drugs there. But after finding none, officers tried to cover up the mistake by planting baggies of marijuana, prosecutors said.
Two other officers, Jason R. Smith and Gregg Junnier, pleaded guilty to state and federal charges. Tesler, who did not fire a shot, faces sentencing next month after pleading guilty to a charge of conspiracy to violate civil rights resulting in death.
Tesler was in Johnston's backyard when plainclothes officers burst in through the front door the night of Nov. 21, 2006, using a special "no-knock" warrant to search for drugs. Johnston fired a single shot from a rusty revolver at the intruders, but hit no one, and officers fired 39 bullets, hitting the woman five or six times, prosecutors said.
Tesler's lawyer, William McKenney, called Thursday's ruling "terrific news" and told The Atlanta Journal-Constitution he hopes it will help at Tesler's federal sentencing.
McKenney also said that because the court found the evidence supported the jury's finding that Tesler lied to federal agents, there is a possibility of a retrial on the state charges.
A message left seeking comment from the prosecutor by The Associated Press wasn't immediately returned.
The Rev. Markel Hutchins, a spokesman for the Johnston family, issued a statement calling Thursday's ruling a minor setback.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Google News
Copyright: 2009 The Associated Press
Website: The Associated Press: Conviction nixed in deadly botched Ga. drug raid