The judge overseeing the Atlanta Public Schools test-cheating trial on Tuesday said he is “somewhat doubtful” about the most serious charge — that of racketeering — facing each of the 12 former educators on trial.
Fulton County Superior Court Judge Jerry Baxter made the comment before testimony began for the day, while lawyers argued over a new statement made by an upcoming prosecution witness.
The Racketeer and Influenced Corrupt Organizations Act, or RICO, charge is by far the most serious count facing the 12 defendants. It carries a minimum sentence of five years and a maximum term of punishment up to 20 years in prison. The indictment alleges the former educators conspired to inflate students’ scores on standardized tests.
“I’m somewhat doubtful about the RICO,” Baxter told attorneys, giving his assessment of the testimony he’s seen to date.
But the judge noted that defendants face lesser felony charges, such as influencing witnesses, theft by taking, false swearing and false statements and writings. It’s possible the jury could reach a compromise and convict some of the defendants of these charges, Baxter surmised.
“I’ve told y’all, you’re taking a big gamble here,” Baxter said, addressing the defendants and their attorneys, referring to potential punishment. ” … If found guilty, they need to know there could be dire consequences.”
Baxter added that he has “some sympathy” for some of the defendants on trial, although he did not identify them by name.
Later, the judge added, “It could be the state prevails and (jurors) find a RICO verdict. I don’t know what’s going to happen.”
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