The prosecutor fighting the appeals by convicted educators in the Atlanta Public Schools cheating case has resigned from her job.
Linda Dunikoski, executive assistant district attorney with the Fulton County District Attorney’s Office, submitted her resignation effective Aug. 23.
Dunikoski is leaving to take over the appeals section of the Cobb County District Attorney’s Office, said the Fulton office’s spokesman, Chris Hopper.
VIDEO: Previous coverage of the APS cheating scandal
It’s unclear who will take over for the prosecution amid the ongoing appeals of seven defendants seeking a new trial after their 2015 convictions for racketeering. Those defendants are among 11 former APS educators who were found guilty of conspiring to cheat on state standardized tests. The prosecution argued educators corrected students’ answers on tests, and the inflated test scores led to bonuses and pay raises.
Hopper, in a written statement, said that Fulton County District Attorney Paul Howard is “evaluating his options as it relates to the ongoing APS motions for new trial, and he will make a decision soon.”
Dunikoski had argued on behalf of the state during the original trial and had continued to work on the case during the appeals.
During a Fulton County Superior Court hearing on Aug. 8, days before she submitted her Aug. 12 resignation letter, Dunikoski argued against the public defender's motion to withdraw from the case.
Attorney Stephen Scarborough, who was hired by the public defender’s office in February 2017 to represent six of the seven former educators as they seek a new trial, told the court it’s a conflict of interest for him to jointly represent all those clients at the same time.
He contends that his loyalty to each client would require him to leave out issues he would otherwise raise if he were arguing on behalf of a single defendant.
The judge rejected his motion to withdraw, and the defense has indicated they plan to appeal that decision to a higher court.
Dunikoski called Scarborough’s attempt to withdraw a “brilliant strategy” to delay the case, according to court transcripts of the hearing.
In her resignation letter, Dunikoski thanked Howard for the opportunity to serve Fulton County residents for 17 years.
“Please know that I will do everything I can to assist you and my colleagues in making this a successful transition. I wish you and everyone in the Fulton County District Attorney’s Office continued success in the pursuit of justice,” she wrote.
About the Author
