A decision in the latest criminal case against Cobb EMC’s former CEO Dwight Brown will most likely come after the holidays, according to an email from the judge’s assistant on Tuesday.
Brown was indicted for a second time in July on charges of theft, racketeering and intimidating witnesses. His attorneys have said the indictment should be tossed out because EMC members were on the grand jury issuing the indictments. Cobb Superior Court Judge Robert Flournoy III threw out the first indictment because it was not delivered in open court.
Flournoy has been delayed from ruling because of another trial this week and the extensive research required for the Brown case.
If the second indictment is also thrown out, Brown’s chances of going to trial in the case rest on an appeal of the initial indictment.
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