Atlanta Criminal Defense Law Blog

Although the idea of tracking convicted sex offenders has always had strong support among the public, keeping a public registry of sex offenders has been somewhat controversial. The controversy about how to prevent those convicted of sex crimes from reoffending took on a new urgency this week, as a recent audit found the Georgia sex offender registry to be deeply flawed, out of date and error-ridden.

Primarily, those who oppose the sex offender registry have been concerned about two things. First, as a public notice provided by the government, the sex offender registry purports to be a trustworthy source of information about people actually convicted of crimes. If it's inaccurate, innocent people could be falsely identified as sex offenders.

Second, opponents argue, the sex offender registry provides the public with a false sense of security. Criminal justice studies show that the people most likely by far to commit sex crimes are those known and trusted by the victim but, by its nature, the registry directs the user's attention to the much smaller threat posed by strangers.

Both of those concerns were brought to the fore again by this audit -- and expanded upon.

Victim Advocacy Groups, Once the Registry's Strongest Supporters, Now Almost Never Use It

According to a recent story in the Atlanta Journal-Constitution, victim advocacy groups don't use the registry because it's not updated in a timely fashion, so it's just not reliable.  

"I almost feel like it's a false sense of security," Sally Sheppard, executive director of the Cottage Sexual Assault Center and Child Advocacy Center in Athens, said in the article.

A Clayton County police officer who was pulled over in DeKalb County in November and charged with DUI and other traffic offenses has been found guilty of DUI and speeding, but not guilty of several other charges.

Officer Martin Jones's traffic and DUI defense presented a number of interesting and topical issues, including the impact of head injuries Jones received while serving in Iraq.

Jones was pulled over on I-20 in November 2009 by Officer T.P. Dunn of DeKalb County after he was spotted traveling at 105 mph. According to Dunn, Jones's speech was slurred and that he admitted to having drunk cognac. A Breathalyzer test put his blood-alcohol level at .115.

DUI Defense Argued Brain Injury, Digestive Disorder Made Jones Seem Drunk

Jones's main defense was that head injuries he suffered during the Iraq war caused him to appear intoxicated when he was pulled over. Jones's convoy leader and a doctor testified on Tuesday that Jones suffered multiple brain injuries from roadside bombs.

Two 19-year-olds from Woodstock have been arrested for sexually assaulting 14-year-old girls they met in a church youth group, according to police. The boys, Marshall Carrier and Yancey Obrain Tanner, have been charged with a variety of sex crimes and other charges, and police speculate that there may be more victims.

Woodstock police were investigating a burglary at an apartment complex when two 14-year-old girls approached them. The girls told the investigators that they had been sexually assaulted by two boys they met at the His Hands Church youth group.

The alleged sexual assaults took place on the evening of August 6. Both girls told police that they were assaulted in the Skyridge Apartments off Highway 92, according to Woodstock police spokesperson Brittany Duncan.

Officers followed up on the two girls' complaints and, after an investigation, arrested Carrier and Tanner.

A federal grand jury has indicted a Clayton County police officer on charges involving theft, bribery, corruption and drug crimes. Jonathan Callahan, who has been with Clayton County for less than a year but was previously with the Atlanta PD, is accused of using his position in law enforcement to protect cocaine dealers. He is also accused of stealing money and guns from people during two traffic stops.

"As a police officer, Officer Callahan took an oath to serve and protect the public. Instead, he abandoned that oath and used his position to protect drug dealers and steal from the citizens he was sworn to protect," said U.S. Attorney Sally Quillian Yates.

The Clayton County Police Department cooperated with the FBI during the investigation into the alleged police corruption and drug crimes. The department has suspended Callahan with pay until the charges are resolved.

Callahan appeared in federal court on Wednesday. U.S. Magistrate Judge C. Christopher Hagy released him on an unsecured bond.

Gwinnett County District Attorney Danny Porter announced today that no charges will be filed against the police officers involved in the June 28 DUI arrest of Gwinnett County Chairman Charles Bannister. Bannister was later exonerated after Breathalyzer and blood tests showed he had no alcohol in his system at the time.

Porter said that he had found no evidence of criminal wrongdoing on the part of the deputy who arrested Bannister, another deputy involved, or Gwinnett County Sheriff Butch Conway. He said he did not consider whether they violated any department policies or whether there were grounds for a civil lawsuit.

"It is my conclusion that although there are some discrepancies in the statements, particularly about the number of times the Sheriff was called during the course of the night, these are not sufficient to conclude that any witness knowingly made a false statement to the GBI," Porter said in a press conference.

"As to the arrest itself, although the procedures used to develop probable cause probably would not have survived a court challenge, the facts taken as whole do not show the complete absence of probable cause required for a charge of false imprisonment."

Bannister Alleges the Deputies Were 'Out to Get Him'

A 16-year-old male and a 15-year-old female, both students at Cedar Shoals High School in Athens, were arrested on August 11 for allegedly bringing an unloaded gun to campus. The boy was also charged with possession of marijuana. All of the violations were charged as juvenile crimes.

According to Athens-Clarke County police spokeswoman Hilda Sorrow, another student noticed the young man show a handgun to the girl, then put it into her backpack, which she then carried away. The third student notified a security guard, who called the police.

"The backpack was searched where they found the gun, unloaded, and they also found a small amount of marijuana on the young man," Sorrow told the Atlanta Journal-Constitution.

The two students were transported to the Athens youth detention center, where they were charged with juvenile crimes including possession of a weapon on school grounds and the drug crime.

Using DNA matching, Cobb County police have found a suspect in the cold case of a 2003 rape in Marietta. Robin Tracy Harrington, who is currently in prison for unrelated offenses, has now been charged with multiple sex crimes including rape, aggravated sodomy, aggravated assault and burglary.

The 2003 attack occurred in the Woodhollow apartment complex in the 1800 block of Powers Ferry Road in Marietta. The victim reported that the attacker was a door-to-door salesman.

Police suspect that he may have used his job to approach other potential victims, although Harrington is not currently a suspect in any other cases. However, they encourage anyone with information about similar incidents to contact the Cobb County Police Department at 770-499-3945.

Harrington, 36, was found guilty earlier this year of robbery and aggravated assault on a peace officer. He is currently incarcerated at the Wheeler Correctional Facility in Alamo.

Cobb County Police Focusing on Cold Cases

Here's a tip: Don't bring your marijuana to the courthouse.

According to police in Fulton County, Ricky Hefflin, 26, of Atlanta, didn't think that far ahead when he came to the Fulton County Courthouse on August 3. He has been arrested on an existing warrant and for a drug crime after police allegedly found 19 small bags of pot in his pockets.

Police say they noticed something suspicious in the back left pocket of Hefflin's pants as he was going through the metal detector at the entry to the courthouse.

They instructed Hefflin to empty his pockets, but he refused, allegedly saying "I don't have anything," and started to proceed through the metal detector.

An officer stepped in his way and again asked him to empty his pockets, but Hefflin made no move to comply. The officer told Hefflin to put his hands against the wall and performed the search compulsorily.