Judge denies Stockbridge mayor’s request to exclude sexual misconduct evidence
A retired judge on Thursday rejected Stockbridge Mayor Jayden Williams’ request to exclude evidence of alleged sexual misconduct from a hearing on Saturday that could end with the City Council removing the mayor from office.
The Atlanta Journal-Constitution reported last month on one misconduct allegation against Williams, involving an 18-year-old high school junior who met the mayor through his interest in a city-sponsored political mentoring program, according to a police report.
But a motion Williams’ attorney filed Wednesday says the mayor faces allegations he had personal, romantic or sexual relationships with “multiple adult” high school students. The allegations include that “one or more individuals participated in, or were associated with,” activities connected to the mayor, such as programs, initiatives or mentorship, the document says.
The motion, filed with the city clerk’s office and obtained by the AJC, also signaled concern that Williams’ testimony potentially could incriminate him in a future criminal case and violate his Fifth Amendment rights if the city forces him to testify without giving him certain protections. The motion asks to quash a subpoena compelling his testimony.
In addition to allegations of sexual misconduct, Williams is accused of misusing a city-issued credit card and vehicle, along with retaliatory or intimidating conduct toward city employees.
Williams’ attorney, Robert Kenner Jr., asked in the motion that the city identify, “charge by charge, the subjects and questions it intends to ask” and explain why the answer cannot reasonably be expected to incriminate the mayor. Kenner also requested a preliminary hearing, outside the City Council’s presence, to decide if an answer could expose the mayor to criminal prosecution.
“Without a preliminary ruling, the city could call the mayor before the council, ask questions about alleged criminal conduct and force him to invoke the privilege repeatedly in front of the very body that will decide whether to remove him,” the motion says. “The council would then hear the questions, observe the invocation and be left to draw conclusions from a constitutional assertion.
“The city should not be permitted to create that prejudice when the issue can be decided before the mayor is called.”
In its response, the city argues the law does not require it to follow such a process, and the mayor has the right to invoke the Fifth Amendment in his responses.
“There is simply no case in which such relief has been ordered — it is literally without precedent, because it is simply not the law,” the city’s response says.
Retired Judge Gino Brogdon Sr. will preside over Saturday’s hearing. He denied almost all of the requests in Kenner’s motion during a virtual hearing Thursday evening. The only request Brogdon granted is that the city identify any witnesses whose testimony would support the sexual misconduct allegations.
Officials said Saturday’s hearing will function similarly to a trial, with attorney Robbie Ashe acting as prosecutor . Ashe and Kenner can make opening statements, call witnesses and make closing arguments.
Richard Hyde, who was hired by the city to investigate Williams’ conduct in office, is expected to present his findings.
Four of Stockbridge’s five council members are expected to hear the case and potentially vote on whether to oust the 23-year-old mayor, the city’s youngest ever elected, from office.
Brogdon has removed Councilmember LaKeisha Gantt from the panel that could make that decision, ruling she has shown bias against the mayor and “animus” toward him.
The hearing is set to start at 9 a.m. at Stockbridge City Hall. Each side has up to four hours to present its case.