Georgia Court of Appeals to Hear Oral Arguments Tuesday in Appeal Brought by Cop City RICO Trial Defendant

FOR IMMEDIATE RELEASE: June 17, 2024

Georgia Court of Appeals to Hear Oral Arguments Tuesday in Appeal Brought by Cop City RICO Trial Defendant Who Argues Their Speedy Trial Rights Were Violated

Evidence deadline set by trial Judge Kimberly Adams has lapsed, while more than 250 pretrial motions and an array of evidentiary issues remain pending before the Fulton County Court

ATLANTA, GA – The Georgia Court of Appeals will hear oral arguments Tuesday in a case involving one of the 61 defendants charged with RICO (Racketeer Influenced and Corrupt Organizations) arrested amidst yearslong protests against the proposed $109 million police training facility in Atlanta, dubbed “Cop City.” Ayla King, 19, filed for a speedy trial in October 2023, but according to their lawyers, the trial did not occur within the requisite statutory period of two court terms, violating King’s rights under Georgia law.

King’s appeal brief cites numerous previous statements by Fulton County trial Judge Kimberly Adams, who “repeatedly, explicitly, and accurately stated that [the trial] would not, and had not, started…prior to the expiration of the November 2023 term,” a statutory requirement, according to the defense. King moved to dismiss the case in January and Judge Adams denied the motion on February 15, 2024. King then appealed in March. In a rare move, the Georgia Court of Appeals granted the defense’s request for oral arguments, which will be heard this Tuesday, June 18, at 10:30am.

    What: Appeal hearing for Ayla King, one of 61 indicted on RICO charges for opposing Cop City
    When: Tuesday, June 18, 2024 at 10:30am
    Where: Georgia Court of Appeals, 330 Capitol Avenue, Atlanta

“All of these charges are a sham,” said Rev. Keyanna Jones, a local supporter of Ayla King and the Stop Cop City movement. “The state’s attempt to criminalize the movement is evidence of a system bankrupt of justice,” continued Rev. Jones. “Ayla’s case should be thrown out for failing to respect their constitutional rights to a speedy trial but also because the state’s case doesn’t have a leg to stand on.”

King was indicted on Georgia RICO charges on August 29, 2023, along with 60 others. Everyone, including King, pled not guilty and is currently awaiting trial. At a May 7 status conference for the RICO cases, Judge Adams ordered the State Attorney General’s office to turn in all remaining discovery by May 17, after which any additional evidence would likely be excluded. The State has previously missed multiple deadlines to submit full discovery.

The State provided the defense with an online link to a third round of discovery by the court’s May 17 deadline, but the link did not work for many lawyers, causing them to argue this additional evidence should be excluded. Some attorneys are demanding a physical hard drive, which is how State evidence is normally shared with defense lawyers. Additionally, defense lawyers say the prosecution has “dumped” a massive amount of physical evidence without providing any index or guide to identify what will be used at trial, interfering with their ability to mount a cohesive defense for their clients. An index or guide is commonly provided to the defense, even in the most high-profile cases.

Judge Adams asked prosecutors and defense lawyers on May 7 to submit their preference for trial grouping composition and order. Numerous defense lawyers filed letters with the court last month, according to multiple reports, arguing that a decision on trial logistics is premature when more than 250 pretrial motions and evidentiary issues still remain unresolved. Judge Adams also ordered the State to arrange a visit to the construction site by June for defense lawyers to view the scenes of the alleged criminal activity. This visit has yet to be scheduled.

In December, Judge Adams imposed a gag order on all trial parties, preventing them from publicly discussing King’s case. In addition, Judge Adams blocked media outlets from covering parts of jury selection, compelling The Atlanta Journal Constitution and WSB-TV to file an amicus ‘friend of the court’ brief in April, opposing closure of the courtroom to media “without holding a hearing, without issuing a written order, and without considering less extreme alternatives.” The amicus brief also claims that such prohibitions “violated the Sixth Amendment rights of Mx. King, the First Amendment rights of the public and press, and the public trial requirements of the Georgia Constitution.”

Over 100 people have been arrested in efforts to criminalize political organizing and intimidate the Stop Cop City movement. More than 40 activists indicted for RICO were also arrested under Georgia’s Domestic Terrorism law. Some of those arrests occurred while people were attending a music festival in the South River Forest in March 2023. In early 2024, the Georgia House of Representatives passed SB63, a bill that criminalizes nonprofit bail funds like the Atlanta Solidarity Fund, whose members are now facing RICO charges.

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For more information on the sweeping criminal cases, and ways to support the defendants and the movement to Stop Cop City, go to: weelauneethefree.org.