A defendant in the Atlanta Public Schools test-cheating case has filed a motion for a speedy trial, meaning it’s possible a jury could hear part of her case this summer.
The motion was filed on behalf of former APS Executive Director Tamara Cotman after Fulton County prosecutors obtained a new indictment against Cotman Friday.
Cotman initially was indicted with 34 other APS administrators and educators for allegedly engaging in a racketeering conspiracy to inflate scores on standardized tests. That same indictment also charged Cotman with influencing witnesses.
The new indictment handed up Friday provides more specifics for the witness-intimidation charge, and that is the only charge for which Cotman’s lawyer, Benjamin Davis, is demanding a speedy trial.
During a hearing Tuesday, Deputy District Attorney Fani Willis said if the speedy trial demand sticks, Cotman must be tried on that charge before the end of August. She would still face trial in the racketeering case, which Superior Court Judge Jerry Baxter has scheduled for May 5, 2014.
Baxter asked Davis if he was really prepared to go to trial on the influencing-witness charge.
“We’re ready to try the case right now,” Davis replied.
“Maybe we’ll have a trial run,” Baxter said.
The new indictment alleges that Cotman placed a female APS employee in fear of retaliation and demotion if she cooperated with any investigation into test-cheating.
“It’s an allegation we contend is absolutely untrue,” Davis said.
Fulton prosecutors re-indicted Cotman and three other former APS officials already named in the sweeping racketeering case after Davis filed a motion contending more details were needed to support the influencing-witness charges.
It remains to be decided whether Cotman will be tried this summer. Fulton prosecutors have asked Baxter to allow them to merge the new influencing-witness indictments into the massive racketeering case to be tried next May and dismiss the initial influencing-witness charges that lacked the new details. Baxter is expected to consider that request at another APS hearing scheduled for Wednesday.
On Tuesday, Baxter continued to press prosecutors as to whether they will issue more indictments, which could delay the case. Baxter expressed interest when questioning potential state witnesses represented by lawyers who also represent some of the 35 APS defendants. The judge decided that defendant Theresia Copeland needs a new lawyer because attorney Warren Fortson, who was representing her but also represented educators who will testify for the state, has an impermissible conflict.
When former Benteen Elementary Principal Diana Quisenberry took the stand, Willis said Quisenberry was “on the bubble” as to whether she could be charged. As of now, Quisenberry is a potential prosecution witness at trial, Willis said.
“She would be someone the state would consider indicting, in all candidness,” Willis told Baxter.
Baxter expressed concern that Fulton prosecutors could continue obtaining indictments “in dribs and drabs” into the distant future to the point where he could not foresee a trial date.
Willis declined to say whether her office will seek new indictments. “I know you have a lot of concern,” she said.
To which the 63-year-old jurist replied, “I hope I’m still alive, you know.”
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