A Fulton County judge said he will dismiss racketeering and arson charges against dozens of activists who protested Atlanta’s Public Safety Training Center.
Judge Kevin Farmer’s decision would deal a major blow to Attorney General Chris Carr’s office, which brought the massive case against 61 protesters two years ago. Farmer said he’s inclined to rule the AG’s office did not have the authority to bring the indictment, which includes claims under the state’s Racketeer Influenced and Corrupt Organizations Act, in the first place.
“At this time, I do not find the attorney general had the authority to bring this RICO case,” Farmer said.
The announcement was made during a motions hearing Tuesday in Fulton County court. Michael Schwartz, who represents defendant Francis Carroll, argued in a motion to dismiss the case that the Georgia Constitution limits the authority of the AG to prosecute criminal actions in the courts of the state.
In a statement to the AJC, Schwartz said they plan to work with Farmer and the AG’s office on next steps. Schwartz added they have always wanted their “day in court” but in fair terms.
“People like to say that creative lawyers can be ‘too clever by half.’ In this case, the attorney general’s office may have been too clever by a lot more than that,” Schwartz said.
The judge indicated during Tuesday’s hearing the attorney general’s office may lose its RICO charges on a legal technicality.
Farmer told prosecutors all they needed to do was ask Gov. Brian Kemp to issue a letter allowing them to prosecute the 61 defendants, but they had failed to do so.
“The mechanisms were in place and the steps just weren’t followed,” Farmer said.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
John Fowler, the state’s lead prosecutor, disagreed with Farmer’s assessment of the situation and said that if the charges are dismissed, the state will appeal.
“The Attorney General will continue the fight against domestic terrorists and violent criminals who want to destroy life and property. We strongly disagree with this decision and will appeal immediately,” AG’s spokesperson Kara Murray said in a statement.
Carr is battling for the Republican nomination for governor.
A total of 61 protesters were charged in August 2023 with violating the state’s RICO Act. Some faced additional charges of domestic terrorism, arson and money laundering, although the money laundering charges were dropped in September 2024.
Farmer also indicated he might dismiss the arson charge, because the AG’s office wouldn’t have authority to prosecute that, either. Carroll’s attorneys conceded in their motion the AG’s office does have jurisdiction to prosecute violations of Georgia’s domestic terrorism statute and the state’s gang statute.
Defense attorney Amanda Clark Palmer, who represents one of the protesters charged, said Farmer’s decision was “absolutely the right call.”
“I think it’s the correct decision once you look at what the law says about what the AG is allowed to do,” said Palmer, who represents Tim Bilodeau. “He exceeded his statutory authority of the cases he’s allowed to prosecute and where.”
The sweeping indictment alleged the large group of protesters who had tried to stop construction of the training center was part of an “extremist” group that sought to occupy the forest land on which the center was built.
The indictment, which accused many of the protesters of being “anarchists” and “domestic terrorists,” was widely criticized by defense attorneys, some of whom said they thought Carr overstepped his authority.
“I thought it was ridiculous,” Palmer said Tuesday. “It was the most poorly drafted indictment I’ve ever seen.”
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