The racketeering conspiracy case against 34 former Atlanta Public Schools educators and administrators moved a step closer to trial Thursday when the Georgia Court of Appeals chose not to consider a contentious pretrial issue.
The court declined to hear an appeal filed by two former middle school principals who are under indictment in the case. They contend that when initially interviewed by investigators APS defendants gave coerced statements because they had been told they risked losing their jobs if they did not cooperate. If this happened, the principals’ lawyers said, the sweeping indictment should be dismissed.
The racketeering indictment accuses the 34 defendants of conspiring to change answers on federally mandated standardized tests so they could meet academic standards and benefit from bonus pay. Other charges include false statements, false swearing, influencing witnesses and theft by taking. All defendants have pleaded not guilty.
Former Principals Lucious Brown and Christopher Waller were appealing a ruling by Fulton County Superior Court Judge Jerry Baxter. In June, Baxter found that when APS defendants sat for interviews with the governor’s special investigators and with GBI agents, there were no expressed threats that they would lose their jobs if they failed to cooperate and give truthful answers.
Brian Steel, who represents Brown, expressed disappointment with the appeals court’s decision. He said he will now ask the Georgia Supreme Court to take up the issue.
This summer, lawyers for former APS Superintendent Beverly Hall also asked the Georgia Supreme Court to hear a pretrial appeal, including the issue being raised by Brown and Waller — whether defendants gave coerced statements. In August, by a 6-1 vote, the state high court declined to hear Hall’s appeal.
If the Supreme Court also declines to hear the appeal raised by Brown and Waller, the racketeering case will then proceed toward trial, which Baxter has set for May 5. Baxter also has told the 34 people under indictment that they have until January to decide whether they want to enter a guilty plea or go to trial.
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