Law dictated Favors’ release

By Cynthia D. Wright

On Dec. 27, State Patrol Trooper Chadwick LeCroy lost his life in the line of duty. As a judge, I am prohibited from commenting on the circumstances associated with his death. However, I, and every judge in this circuit, recognize that his death represents a grievous loss to his family and Georgia.

My purpose is to provide accurate information and fulfill our duty to the public in providing transparency with respect to the court’s business as it relates to the release of Gregory Favors, the person charged with the shooting.

At or around 9:35 p.m. on Dec. 10, Favors and a co-defendant, Larry Brown, were arrested by the Atlanta Police Department. Both were taken to the Fulton County Jail.

Due process under the Constitution requires that a person arrested without a warrant “have the probable cause for his or her continued detention reviewed by a neutral and detached magistrate as soon as reasonably feasible but, in any event, within 48 hours of arrest.” The 48-hour rule is clearly not “a self-imposed Fulton County judicial system deadline” as it has been characterized. It is mandatory.

The due process mandate to determine probable cause within 48 hours is fulfilled in Fulton County by having arrestees appear on a first appearance calendar before a magistrate. The determination of probable cause is made by the arresting officer appearing before the magistrate and testifying to the circumstances of the arrest. If a defendant has been held for 48 hours and the arresting officer fails to appear, the defendant must be released.

To determine probable cause, a magistrate must have something to review, either a warrant or the testimony of an arresting officer.

On Dec. 13, Favors first appeared on a calendar. As of that point, he had been incarcerated pursuant to his warrantless arrest for more than 48 hours. When he appeared before the magistrate, no warrant had yet been obtained and the arresting officer was not present. Under those circumstances the magistrate had no alternative but to comply with Georgia law and the Constitution. For that reason, Favors was released.

The imposition of a signature bond on a defendant entitled to release is an attempt at a practical accommodation. It reflects an effort by the magistrate to maintain some control and contact with the arrestee until the arresting officer obtains an arrest warrant or the prosecuting agency issues an indictment. In this case, no warrant was obtained and no indictment issued after Favors’ release.

When Favors was released on Dec. 13, it was not the result of judicial whim or an adherence to some arbitrary self-imposed rule. Rather, he was released because the judges and courts of this community have a duty to uphold the rule of law and comply with its requirements. It has also been suggested that had Favors received a different sentence in other proceedings or if his case had been heard through some other process, he would not have been on the streets.

That suggestion reflects the reality that when a tragedy occurs, people want explanations. Hindsight is often the first tool reached for in an effort to provide an easy answer.

Trooper LeCroy’s death was tragic. The judges of this community believe that the people of Fulton deserve a justice system that upholds the rule of law, seeks truth and does justice.

On behalf of myself and all of the judges of the Atlanta Judicial Circuit, I pledge that we will continue to do all we can to ensure the public is protected and well-served. This includes our duty to be faithful to the law, even in difficult times.

Cynthia D. Wright is chief judge of the Superior Court of Fulton County, Atlanta Judicial Circuit.