Days after authorities announced that they were dropping charges against a newspaperman and his attorney, Fannin Focus publisher Mark Thomason is still being called in for drug testing because a judge has not signed an order clearing him of the charges.
On Tuesay, Thomason was ordered for the fifth time in 12 days to provide a urine sample for testing; the tests were among the requirements for him to remain free on bond. Hiawassee attorney Russell Stookey, the weekly newspaper’s attorney, was charged with Thomason on June 24 but has not been called for drug and alcohol testing.
The three felony charges against the two stemmed from Thomason's months-long efforts to secure records concerning office accounts assigned to the three judges in the Appalachian Judicial Circuit. Thomason's and Stookey's arrests brought cries of outrage and demands from media organizations that the charges be dropped. Some also called on Chief Judge Brenda Weaver to step down as chair of the Judicial Qualifications Commission, the state agency that investigates misconduct by judges.
Saying that District Attorney Alison Sosebee “couldn’t convict Hitler,” Stookey said, “I want a trial. I want to get in a courtroom and make them prove this crap. I’m not going to live the rest of my life at the whim of those idiots.”
On Thursday, Sosebee — the prosecutor in the circuit that includes Fannin, Pickens and Gilmer counties — filed a motion to abandon the case against Thomason and Stookey. Judge Weaver, identifying herself as the victim, asked Sosebee six days after the indictment was returned to drop the case. "You have many other cases with victims who have been harmed much more, and they need your full attention and time," Weaver wrote in a letter attached to the prosecutor's motion.
A retired judge from Gwinnett County was assigned the case when all three judges in the Appalachian Circuit recused themselves from the case because of a potential conflict of interest.
“I’m a little surprised the (order to drop the case) hasn’t been signed,” said Thomason’s criminal attorney, Ashleigh Merchant.
One of the conditions of his $10,000 bond was that Thomason call Appalachian Pre-Trial and Probation Program every day between 5 a.m. and 7 a.m. to find out whether he had to provide a urine sample. He was told to report for testing on July 1 and then last Tuesday, Thursday, Saturday of last week and then Tuesday. He was not summoned on Sunday, the only day of the week when there is no testing, or on Monday.
“It does seem excessive,” Thomason said. “It’s over 50 percent of every day that I’m getting called in.”
Thomason said a deputy stands behind him while he gives his urine sample and there is also a mirror in front “reflecting your private parts back to the deputy. It seemed very invasive.”
Sosebee has declined to comment on the case while it remains open. But she has previously said the charges were justified.
Thomason was charged with making a false statement in an open-records request for copies of checks written on judges’ offices’ operating accounts.
Thomason and Stookey also were charged with identity theft and attempted identity theft because the lawyer secured a subpoena for a canceled $16,000 check drawn on the judges’ office operating accounts to use as evidence in a pending civil matter. The two were arrested June 24 and jailed overnight.
Thomason, Stookey and the Georgia Society of Professional Journalists have filed complaints with the JQC against Weaver.
The former JQC chair said because of the potential for conflicts, a former commission member would have to be called to do the first screening of the complaints and they a new panel would have to be temporarily assembled with past members who had not served with Weaver.
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