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Georgia Judge Criticizes Prosecutors For Mishandling Confidential Emails

A sign is displayed outside the house where police arrested three key activists, who organized protests against the city's public safety center, in Atlanta's Edgewood neighborhood, May 31, 2023

A Georgia judge has reprimanded state prosecutors for their mishandling of confidential emails between a defense attorney and three Atlanta activists facing racketeering charges related to protests against a planned police and firefighter training center known as 'Cop City.'

The judge, Fulton County Judge Kimberly Esmond Adams, expressed strong disapproval of the Georgia Attorney General's Office, citing 'gross negligence' in allowing privileged attorney-client emails to be included in a large cache of evidence distributed to investigators and defense lawyers representing 61 defendants charged in a racketeering indictment against the 'Stop Cop City' movement.

During a hearing, defense attorneys requested the disqualification of state prosecutors and dismissal of the indictment, emphasizing the need to address such significant errors. The defense highlighted the inclusion of attorney-client emails in a report prepared by Atlanta police intelligence analysts who examined defendants' Gmail accounts following a search warrant execution.

Judge Adams criticized the investigators' conduct as 'egregious' and questioned the prosecutors' claim of ignorance regarding the presence of confidential emails in the Gmail accounts. While prosecutors acknowledged the mistake and asserted that investigators had not reviewed the intelligence report containing the emails, defense attorney Don Samuel expressed shock at the oversight.

Despite the acknowledgment of the error, prosecutors argued against disqualification, contending that the mistake was unintentional and should not warrant such action. Assistant Attorney General Hallie Scott Dixon expressed regret over the incident, stating that steps were being taken to address the situation.

The three activists from the Atlanta Solidarity Fund, arrested on charges of money laundering and charities fraud, were among those indicted on racketeering charges. The indictment alleged that the fund had been used to finance violent acts against property, including the construction site of the controversial training center.

The 'Stop Cop City' movement, which opposes the facility's construction, has drawn criticism for the charges levied against its members. Supporters of the training center argue that it is necessary to modernize facilities and enhance officer training to prevent the misuse of force.

Defense attorney Samuel highlighted the significance of the mishandled emails, which contained crucial information on legal strategy, money laundering laws, and the RICO law. Judge Adams indicated that she would consider the matter and urged prosecutors to reflect on the implications of pursuing such a complex indictment.

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