Judge to decide whether AG can continue to prosecute training center protesters

Don Samuel, who represent Kautz, told Judge Kimberly Esmond Adams that he didn’t think the prosecutors shared those emails in “bad faith” or with any “malice.”

“I am motivated to make (the disqualification) request … because they have shown a degree of nonchalance about this problem despite standing at the podium today and saying how sick they were,” Samuel said

Credit: NATRICE MILLER

Credit: NATRICE MILLER

Assistant Attorney General Hallie Dixon said they didn’t become aware that there was privileged emails in records they had acquired from Google until defense attorneys filed their motion earlier this month.

She claimed to have “felt sick” and that it was a shock and upsetting as a prosecutor to find out that it had happened. Dixon added that they have not read any of those emails.

“We do not, to this day, have any clue or any information or any knowledge about what is contained in those emails,” Dixon said.

Adams questioned Dixon as to why they did not create a team to screen documents for privileged communications. She said it never crossed anybody’s mind to do so.

“To suggest you did not contemplate the possibility that there might email communications between any of these defendants and each other, any of these defendants and their lawyer or other prospective attorneys they might consider hiring or any other lawyers representing any of the other defendants, is incredible,” the judge told Dixon.

Samuel argued that he told lead prosecutor John Fowler multiple times about the need to set up such a process after multiple communication devices belonging to his client and the other two defendants were seized during a May 2023 raid.

“They just didn’t care,” Samuel said.

Samuel said the emails contained warnings, explanations of law, defense strategies and explanation from the clients about how the Atlanta Solidarity Fund works.

APD Detective Ronald Sluss, who requested the emails from Google, testified that he had a team of analyst go through the raw data received from Google and write reports about them.

Two of those analysts were called to testify and they both said they were simply told to disregard and to not include in their reports any emails involving attorneys and clients.

Dixon argued that there was no purposeful intrusion and the violation does not warrant disqualification or dismissal of the indictment.

“The relief they have requested is not warranted under the law because the relief they have requested is the most extreme,” she said.

The hearing comes a week after defense attorneys were allowed to visit the site of the planned training center as part of discovery for the case. During a hearing in May, Adams had ordered the state to schedule a visit to the site by June.

In a motion filed Monday, Fowler asked for a protective order after an image of him at the site during the attorneys visit was posted on social media by a group of protesters. Adams called out the motion Wednesday.

“If you have time to do those kind of things, you also have time to review the evidence thoroughly,” Adams told prosecutors.

Adams is still waiting to finish the trial against Ayla King, the only defendant named in the indictment that filed a speedy trial demand. The trial is currently halted as they await ruling from the Georgia Court of Appeals.

Once King’s trial is finished, Adams expects to begin prosecuting the remaining 60 defendants in groups of five with Patterson, Kautz and MacLean among the first group.