The Georgia Supreme Court on Monday upheld the dismissal of one criminal indictment against the former chief executive officer of Cobb EMC, even though he still faces charges in another indictment.
The decision, written by Justice Robert Benham, said the high court agrees with the Georgia Court of Appeals and a Cobb County judge that the initial indictment against Dwight T. Brown was not returned “in a place that was open to the public.”
On Jan. 6, 2011, a Cobb County grand jury indicted Brown on charges of racketeering, theft by taking, false statements and conspiracy to defraud political subdivisions of the state. Monday’s ruling was based on a complaint from one of Brown’s lawyers that he was delayed and impaired from reaching the courtroom that day while the new courthouse was in the final stages of construction.
At the same time, Brown continues to face criminal charges. After the initial indictment was thrown out by a Cobb judge, prosecutors went back to the grand jury in July 2012 and obtained a new indictment against him. In this pending indictment, Brown faces 31 counts.
Brown, who has pleaded not guilty, is accused of operating the utility as for-profit company that benefited its leaders.