FOR IMMEDIATE RELEASE: May 7, 2024
Lawyers for Stop Cop City RICO Defendants Appear in Court to Address Case Schedule and Discovery Issues
Frustrated with pace of evidence disclosures, Fulton County Judge Kimberly Adams ordered prosecution to release all discovery by May 17
ATLANTA, GA — Lawyers were in Fulton County Court today defending 61 people being prosecuted on state RICO (Racketeer Influenced and Corrupt Organizations) charges related to protests against the construction of a $109 million police training facility in Atlanta dubbed “Cop City.”
Judge Kimberly Adams ordered the State Attorney General’s office to turn in all remaining discovery by May 17, after which any additional evidence will likely be excluded.
The prosecution has previously missed multiple deadlines ordering the state to submit full discovery. Additionally, defense lawyers say the state 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. Deputy Attorney General John Fowler said more digital discovery is forthcoming, possibly as much as one terabyte of data. Fowler has previously said the state has five terabytes of data in total.
Prosecutors had previously blocked defendants from taking part in reviewing the physical evidence, however Judge Adams stated that defendants are entitled to view all of the evidence being used against them.
Adams said she would begin scheduling hearings after May 21 for nearly 150 pending motions, as well as the trials for the rest of the defendants. Adams expects trials to occur in groups of five defendants at a time. However, new discovery submitted by the state could delay the timeline so that additional motions can be filed.
Adams also responded to a Notice and Motion filed in March by defendant Jamie Marsicano to preserve the site of their alleged arrest, the Weelaunee Forest, and to prevent the destruction of material evidence. Adams concurred with the defense and said the forest is at “the heart” of the indictment and that defense counsel must be able to go visit the site. She said a site visit is reasonably required and even hinted the jury may want to visit the site as trials get underway. Adams expects the state to coordinate a site visit by June.
The defense is pursuing all messages pertaining to the “Stop Cop City”/”Defend the Atlanta Forest” investigation and prosecution exchanged by law enforcement on text messaging apps, including encrypted messaging apps such as Signal and WhatsApp. The defense is also pursuing evidence pertaining to the deletion and/or non-preservation of any such messages. Judge Adams ordered the state to turn over any messages, if they exist, by May 17.
Today’s hearing came as the trial of Ayla King, 19, whose jury was seated in January, is still pending in the Georgia Court of Appeals. Earlier this year, Judge Adams denied King’s motion to dismiss the case based on a violation of their speedy trial rights. King later appealed the denial. If the appeals court rules in favor of King, their case could be dismissed. If the appeal is denied, King will likely proceed to trial on RICO charges. Judge Adams indicated today that King’s trial would take scheduling precedence over the rest of the RICO trials.
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