A Fulton County judge indicated Wednesday he may give appellate courts the chance to determine if the Atlanta Public Schools test-cheating indictment is faulty before the racketeering case goes to trial.
“If this is fatally flawed, I want to know it sooner rather than later,” Superior Court Judge Jerry Baxter during a hearing.
Baxter heard arguments from several defense attorneys, including those representing former APS Superintendent Beverly Hall, who sought to have the indictment thrown out.
One argument raised by attorney David Bailey challenged the governor’s authority to appoint special investigators Mike Bowers, Bob Wilson and Richard Hyde to look into allegations of test-cheating at APS schools.
After hearing from Bailey and the state, Baxter said he was inclined to deny Hall’s motion. But he also indicated he would like to give state appellate courts the opportunity to decide that issue, among others. Baxter has set a May 2014 trial date.
If an appellate court decides to hear a challenge to the indictment, this would delay the trial by several months. If an appeals court hears the case and finds the indictment flawed, its ruling could make it very difficult for prosecutors to take the case to trial. If the court declines to hear the appeal, the case would proceed as scheduled toward trial.
The indictment accuses 35 APS administrators and educators of participating in a racketeering conspiracy to inflate standardized test scores. The defendants, all of whom have pleaded not guilty, are also accused of influencing witnesses, theft by taking, false swearing and giving false statements and writings.
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