The strain, or some might argue the tedium, of 48 days of testimony was evident Wednesday in the courtroom where 12 former Atlanta Public Schools educators are on trial for allegedly cheating on standardized tests.
There were vehement disagreements over evidence that had or had not been allowed in. Judge Jerry Baxter told two defense attorneys to move to seats closer to the front and they resisted.
Defense attorneys accused the judge of being unfair. And Baxter barked back.
“You need to move on,” Baxter would tell the lawyers who would continue to argue a point after he had ruled.
The animosities showed up after Deputy District Attorney Linda Dunikoski attempted to read a letter a parent wrote to President Barack Obama and the state school superintendent in May 2009. The parent recounted rumors of testing irregularities at Benteen Elementary School.
At first Dunikoski insisted that the document had been accepted into evidence. All the while, Scott Smith, attorney for Benteen testing coordinator Theresia Copeland, complained it had not.
The judge ordered jurors out of the courtroom while the issue was being argued.
Smith objected to the letter being read and said it could prejudice the jury against him and his client.
“I have credibility issues with the jury already and you’re sitting here, preventing me from maintaining some semblance of credibility,” Smith said. “This is blatant unfairness.”
Dunikoski eventually conceded she had made a mistake in saying the document had been approved.
Baxter said he would tell the jury the letter was not allowed because it was “hearsay,” or second-hand information. And he said he would try to deflect any bad impressions the jurors might have of Smith.
But Smith wasn’t done. “It looks like I’m hiding evidence and that looks bad for my client,” the lawyer said. “I move for severance (from the other 11 on trial). I move for mistrial. I ask that the case be dismissed.”
Baxter smiled and nodded slightly, but didn’t respond.
When the jury was back in place, the judge scolded the prosecutor.
“You act like you’re so together, and you have all your witnesses lined up. But if you can’t even keep track of the exhibits that are admitted, what’s the world to think?” Baxter said. “It’s exasperating.”
Next to clash with the judge were defense attorneys for Donald Bullock, the former Usher-Collier Heights Elementary testing coordinator, and Tamara Cotman, a former regional supervisor.
Baxter wanted them to move to seats nearer the front of the courtroom.
“Your honor, we’re comfortable over here. We’re not trying to hide,” said Bullock attorney Hurl Taylor.
Ben Davis argued that Cotman needed to be near a door so she could take unobtrusive bathroom breaks. She has a medical condition.
“Then she should just go,” Baxter said. “The administrators are sitting here. That’s where you started and that’s where you end up.”
By Wednesday afternoon Taylor and Bullock were on the front row of seats set aside for defendants. Davis and Cotman remained on the back row.
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