A Fulton County judge on Monday commended prosecutors in the Atlanta Public Schools test-cheating case for whittling down the number of potential witnesses they could call to testify at trial.
Last month, Superior Court Judge Jerry Baxter said he was taken aback when prosecutors named more than 2,400 people as potential witnesses at the racketeering trial. On Monday, Baxter said the prosecution had put the case in a better focus by cutting the list to fewer than 500 potential witnesses.
“I think that helps everybody in this case,” Baxter said. “I thank you for your hard work.”
Deputy Assistant District Attorney Fani Willis said she did not expect more than 400 people to take the witness stand. She noted the list of potential witnesses is composed of those the prosecution may or will call and a reserve group that will not likely be called.
Prosecutors provided hundreds of pages of summaries as to what they expect each potential witness to say — which Baxter held in a large three-ringed binder on the bench.
After having read the summaries, Baxter said he’s now aware the sweeping indictment could have charged more people than the 35 defendants listed on it now. “It appears there are a lot of people who could be in trouble in this case,” he said.
All 35 defendants have pleaded not guilty. Baxter has set a May 5, 2014, trial date and wondered if the Fulton courthouse has enough room to accommodate a single trial.
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On Monday, the judge began addressing potential legal conflicts of interest. Several lawyers representing the APS defendants previously represented other educators and administrators who are named as potential witnesses for the prosecution.
Baxter said he was concerned about the consequences if one of these witnesses testified against a defendant represented by the witness’s former lawyer. If this occurs, there’s a possibility the lawyer would try to attack the credibility of someone they used to represent, the judge said.
Most defense attorneys argued Monday this should not be a concern, largely because they don’t anticipate their former clients giving testimony against their current clients.
But Fulton prosecutors are alleging an overarching conspiracy where there was pressure to inflate test scores to meet academic targets. If one witness gives testimony that supports the conspiracy, it could harm all defendants, Baxter said.
“I think caution is the best road to take,” Baxter said, noting the “humongous” case will be extremely expensive to try.
Beginning Tuesday, Baxter will call the lawyers’ former clients to the stand and ask them, one by one, about any potential conflicts that could arise. On Wednesday, the judge will consider motions filed by defense lawyers that seek to dismiss the indictment.
Warren Fortson, the former general counsel for the Atlanta public school district, told Baxter he previously represented dozens of potential prosecution witnesses. He also said he knows the school system as well as anyone and has formed a strong opinion about the racketeering indictment.
“This whole case is a farce,” said Fortson, who represents Theresia Copeland, former testing coordinator at Benteen Elementary.
“That’s your opinion and you’ve got it on TV, too,” Baxter replied, looking over to a television camera recording the proceedings. “But if it turns out the jury doesn’t think it’s a farce, there are going to be serious consequences for everybody.”
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