Almost a week after defense attorneys began calling witnesses in the Atlanta Public Schools cheating trial, the judge expressed frustration with what he sees as repetition in testimony.
Tishara Twyman, a third grade teacher at Dobbs Elementary School when defendant Dana Evans was principal, was about five minutes into her testimony Thursday when Fulton County Superior Court Judge Jerry Baxter interrupted.
Twyman was the first witness of the day and ninth one attorney Bob Rubin has called since Wednesday, Feb. 11.
“How many more of these witnesses are you going to have?” Baxter asked.
Rubin predicted he would use all of Thursday and most likely Monday; the APS trial takes off each Friday.
“A full day of the same?” Baxter said.
“I don’t expect it all to be the same,” Rubin responded.
“At some point you reach a point of diminished return,” Baxter said.
The prosecution rested its case Feb. 11, after calling more than 130 witnesses.
“I’ve sat here for six months, listening to evidence,” said Rubin, who represents Evans.
“I’m just making an observation,” Baxter responded.
Rubin mostly questioned witnesses about Evans’ management style and whether they knew of cheating at Dobbs in 2009.
Lawyers for each of the 12 on trial for racketeering are expected to call witnesses.
After the morning break, the judge apparently had thought about his exchange with Rubin and apologized, noting that prosecutors called more than 100 witnesses and some of them were repetitious.
“I feel bad about it,” Baxter said. “I think we need to have as much patience with these (defense witnesses) as we have for the state.”
Then Baxter added, “I’m just grouchy sometimes.”
Rubin is the first attorney to present a defense to allegations that school administrators and teachers conspired to change students’ answers on the 2009 the Criterion-Referenced Competency Test. Former Atlanta Public Schools Superintendent Beverly Hall is also charged with racketeering but her trial is on hold because she had an advanced case of cancer.
About the Author
