The judge overseeing the Atlanta Public Schools test-cheating trial on Wednesday suggested that the prosecution and the defense should consider reaching a compromise.
Fulton County Superior Court Judge Jerry Baxter expounded on comments he made the previous day when he said he was “somewhat doubtful” about the most serious charge facing the 12 defendants on trial — racketeering.
Baxter made the suggestion after lead prosecutor Fani Willis showed the judge the front page of today’s Atlanta Journal-Constitution, which ran a story about his observations about the racketeering charge. Willis said she was concerned jurors may have seen the coverage.
“I’m trying to give everybody a heads up,” Baxter explained.
Baxter said there are grave consequences facing the former educators on trial.
“This RICO count is real,” Baxter said. “I understand the law. (Jurors) could find RICO in this case.”
The racketeering count carries a maximum punishment of up to 20 years in prison. Eleven of the 12 defendants on trial also face lesser felony charges, which also carry potential prison time.
Baxter added, “I’m just saying usually if there’s some division, there’s a compromise. I’m just letting everybody know. Everybody is sitting around like this is a fun ride. But it’s serious.”
Defense attorney Bob Rubin, who represents former Dobbs Elementary School principal Dana Evans, then rose and told Baxter, “This is anything but a fun ride.”
Baxter, who often makes extemporaneous remarks from the bench, noted that he was repeating warnings he had previously given to the defendants about the possible punishment they face if they are convicted.
“I probably shouldn’t have said that,” Baxter added, referring to his thoughts about the racketeering case. “But things come out. Have you noticed that?”
Baxter soon called jurors into the courtroom. Before testimony resumed, he asked them if they had read any newspaper reports or were aware of any coverage about the case on television and radio. All of the jurors shook their heads, letting the judge know they have been following his instructions not to follow the case in the news media.
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