Cobb Chief Magistrate appoints three to magistrate bench

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Chief Magistrate Judge Brendan F. Murphy has appointed Norman Barnett and Mellori Lumpkin-Dawson and re-appointed Judge Jennifer Inmon to serve as full-time Magistrate judges for the upcoming term.  Those appointed were selected after an open application and interview process from a competitive field of well-qualified candidates.

“This top-notch team brings together sharp minds, hearts dedicated to service, and excellent legal experience,” said Judge Murphy. “Norman, Mellori, and Jennifer are people of genuine character with demonstrated records of hard work who will follow the law and truly listen to the people we serve.  I’m excited for them to build on our work of increasing access to justice for our Cobb community.”

The Magistrate Court operates 24 hours a day, seven days a week, 365 days a year, with a heavy criminal and civil caseload. Known as the People’s Court, the Magistrate Court provides an easily accessible forum to resolve disputes for tens of thousands of self-represented litigants annually.  Presiding over initial hearings in most criminal cases, the Court also plays an essential role in considering public safety and the accused’s Constitutional rights.  The Court’s 90-member team is committed to welcoming warmly, helping efficiently, and hearing fairly.

Norman Barnett

Norman Barnett currently serves as an Assistant U.S. Attorney for the Northern District of Georgia, where he handles both criminal and civil matters. He has previously served as a Senior Assistant District Attorney in the Cobb County DA’s anti-gang unit and felony prosecutor in Douglas County. Mr. Barnett began his legal career in private practice, handling a wide variety of civil matters. 

“I am grateful for the trust placed in me to serve as a Magistrate judge,” said Mr. Barnett, “I look forward to working alongside my colleagues to serve the Cobb County community in this role.”

Mr. Barnett is a proud “Double Dawg,” graduating twice from the University of Georgia where he played with the Redcoat Marching Band.  He is a leader with the State Bar’s High School Mock Trial program and uses his musical talents in the Atlanta Bar Association’s popular “Courthouse Line” productions.  Mr. Barnett resides in Smyrna with his family.

Mellori Lumpkin-Dawson

Mellori Lumpkin-Dawson is a skilled litigator with a large, global law firm.  She has previously served as an Assistant U.S. Attorney and Civil Elder Justice Coordinator for the Northern District of Georgia.  Before entering public service, Ms. Lumpkin-Dawson handled complex litigation with her current firm and another large international law firm.

“I am honored to be appointed to the Cobb County Magistrate Court,” said Ms. Lumpkin-Dawson, “I look forward to serving the citizens of Cobb County and ensuring fairness, transparency, and accessibility to the Court.”

A graduate of Florida A&M University and the University of California Berkeley Law School, Ms. Lumpkin-Dawson is active in the profession and community.  She serves as a Board member of the Georgia Appellate Practice & Educational Resource Center and Ebenezer Baptist Church Missionary Union. Ms. Lumpkin-Dawson is a member of Delta Sigma Theta Sorority, Inc., and resides in Smyrna with her family.

Judge Jennifer Inmon

Judge Jennifer Inmonhas distinguished herself on the Cobb Magistrate Court bench for 25 years. Before serving full-time, she also managed her private practice for two decades. Judge Inmon started her legal career at the People’s Court as a law clerk to then-Chief Magistrate Judge Vic Reynolds.

“It has been my privilege to have served the Magistrate Court of Cobb County as a Magistrate Judge,” said Judge Inmon, “I am humbled by the confidence Judge Murphy has placed in me by reappointing me as a full-time judge, and I appreciate the opportunity to continue to serve the citizens of this community as a member of the People’s Court.”

Judge Inmon is a knowledgeable leader in the statewide Council of Magistrate Court Judges. She currently serves as Chair of the Rules Committee and as a member of the Benchbook Committee. Judge Inmon previously served as District Representative for the 7th Judicial District.  She is a frequent instructor and mentor judge with the Magistrate Court Training Council.  Judge Inmon is a Wittenburg University and Vanderbilt University School of Law graduate. She resides in East Cobb with her family.

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Man gets life sentence for 2015 murder of East Cobb couple

Nearly a decade after an East Cobb couple was found shot to death in a remote part of middle Georgia, a man suspected in the case pleaded guilty to the killings on Monday.Elrey and June Runion, murdered East Cobb couple

Ronnie Adrian “Jay” Towns entered the plea in a Telfair County courtroom for the January 2015 murders of Bud and June Runion.

Judge Sarah Wall, who sentenced Towns to life in prison without the possibility of parole, said “it’s been 10 long years,” according to Macon TV station WMAZ.

Towns, from Telfair County, had been scheduled for a court hearing two weeks ago but his attorneys got a postponement.

The Runions left their home in East Cobb on Jan. 15, 2015 in response to a posting on Craigslist to buy a 1966 Ford Mustang that Bud Runion had been interested in buying.

The Runions were reported missing by their daughters the following day, and four days later their bodies were found on a rural road, not far from where their vehicle was spotted in a pond near McRae, 75 miles south of Macon.

Authorities said the Runions had been robbed and shot in the head, but a murder weapon had not been found. Towns, then 28, turned himself in and was charged with murder and armed robbery.

But his murder indictment was overturned in 2019 by the Georgia Supreme Court, upholding a lower court ruling of improper jury selection.

Towns was re-indicted in 2020, but the case languished in the courts after that.

Earlier this year, the Georgia Bureau of Investigation said it had found new evidence from a citizen, who discovered a rifle while fishing at a creek near the murder scene.

GBI investigators returned to the scene found a bag and driver’s licenses and credit cards belonging to Bud and June Runion, and a cell phone thought to belong to them. Investigators also executed a search of a home where Towns had been living.

Towns was to have gone on trial in August.

According to the WMAZ report, Towns pleaded guilty to two counts of malice murder Monday morning and the judge said “it’s pretty obvious that the Runions were special people. This was a very senseless act.”

The slain couple’s daughters were in the courtroom on Monday. Daughter Stephanie Bishop said of her parents, according to the TV station, that “we miss them terribly. I was hoping so hard to be able to call my dad…. [But] they were taken from us.”

The Runions lived off Holly Springs Road and were married for 38 years. According to their obituaries, in 1991 the Runions founded Forever Greatful Ministries, which helps families in need in the Marietta area. Bud Runion was retired from AT & T and June Runion was a preschool teacher at Johnson Ferry Christian Academy.

They were longtime members of Mt. Paran Church of God North on Allgood Road.

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Cobb Drug Treatment Court recognizes five new graduates

Cobb Drug Treatment Court recognizes five new graduates

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Judges, elected officials, community members, court staff, attorneys, family members, and friends packed the Cobb Superior Court Ceremonial Courtroom to congratulate the five newest Cobb County Drug Treatment Court graduates. The graduates, staff, family, and friends shared moments of tears and laughter as they detailed their journey. The overriding theme was a sense of accomplishment, hope, and excitement for the next chapter of their lives.

The Drug Treatment Court is an alternative to incarceration for individuals involved in the justice system with a substance use disorder. The 18–24-month program uses a combination of close supervision, individualized evidence-based treatment, and recovery support to hold offenders accountable for their actions and teach them to be productive members of the community.

One of the graduates shared, “My experience in Drug Court has been a roller coaster ride of ups and downs in the beginning but leveled out towards the end. Drug Court changed my life by teaching me how to deal with the highs and lows of life without escaping through using drugs.”

Superior Court Judge Kimberly A. Childs presides over the Drug Treatment Court and the multi-disciplinary team administering the program. After the graduation ceremony, she reflected that “these graduates exemplify the need for and importance of an evidence-based recovery and treatment program in our criminal justice system. Our community should be proud of the commitment Cobb County has to helping those with substance use disorder transform their lives. Through the efforts of our dedicated team and with the continued support of our stakeholders, these 5 graduates are now sober, independent, and productive members of our society.”

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Cobb Superior Court Chief Judge extends judicial emergency

A 30-day extension for a judicial emergency in Cobb Superior Court has been issued by Chief Judge Gregory Poole, stemming from serious issues with the court clerk’s office new online filing system.

Cobb Superior Court Chief Judge Gregory Poole

Poole said in a release issued by Cobb government Wednesday that the emergency will continue through Oct. 6, due to a “significant backlog” in updating the system with documents.

(You can read the notice of extension by clicking here).

He issued the initial emergency earlier this month, saying that serious filing issues and delays are plaguing the new system and prompting many court proceedings to be ground to a halt.

Without informing judges, Cobb Superior Court Clerk Connie Taylor installed a new court filing system in June that had repeated malfunctions, and that were prompting delays in converting documents from the old system in some cases by weeks and months.

Under the emergency, there was an extension of deadlines for filing motions, setting court calendars and other proceedings.

In his extension announced Wednesday, Poole said that some documents dating back to November 2023 haven’t been uploaded, and that issues over notices, schedules and calendars remain.

“Court staff have also been confused by procedural changes in stamp-filing original documents, and indigent defendants are still being charged for access to documents,” the county release said.

“The Chief Judge continues to believe that these types of issues and conditions continue to raise serious due process and other constitutional concerns.”

The emergency order applies only to Cobb Superior Court, which handles felonies, major civil litigation, divorces, child support matters and more. State Court, Magistrate Court, Probate Court and Juvenile Court systems in Cobb are not affected by the order.

Taylor is a state constitutional elected officer whose term expires this year. A Democrat, she easily won the party primary in May over three opponents despite being dogged by controversy.

She acknowledged personally pocketing $425,000 in passport fees—court clerks are allowed to do this—a sum that far exceeded her predecessors.

Taylor allegedly ordered one of her staffers to destroy documents related to the matter, telling her to “Donald Trump this thing.”

By end of last year, Taylor’s office was falling behind filing documents to the court systems, sometimes by several months.

She told Poole some of those issues were caused by staff shortages in her office.

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Cobb Solicitor General to hold town hall meetings in August

Submitted information and photo:Cobb Solicitor General to hold town hall meetings in August

Cobb Solicitor General Makia Metzger is hosting town hall meetings for the public this month, so citizens have an opportunity to meet and greet their Solicitor General.

“I’m excited for the opportunity to engage with our residents and deliver the programs we are working on which benefit the public,” Solicitor General Metzger said. “Providing easier access to citizens helps increase a clarity of what we do.”

Solicitor General Metzger announced last month she was having four town halls in the month of August in various parts of Cobb County to provide community engagement opportunities up close and personal. The meetings are scheduled from 5:00 – 7:00 p.m.

The remaining town halls are as follows:

  • Wednesday, August 21, 2024, West Cobb Regional Library, 1750 Dennis Kemp Lane, Kennesaw
  • Wednesday, August 28, 2024, East Cobb Regional Library, 4880 Lower Roswell Road, Marietta

The town hall meetings will cover a range of initiatives and projects the Office of the Solicitor General is working on.  Residents are encouraged to attend so they can learn how the Office of the Solicitor General operates and how it can be of service when it comes to public safety.

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Cobb District Attorney warns of scam targeting defendants

Submitted information:Cobb District Attorney logo

Cobb District Attorney Flynn D. Broady, Jr. is warning metro Atlanta residents of an imposter scam targeting defendants and their attorneys in which fraudsters pose as prosecutors from the Cobb District Attorney’s Office.

“Attorneys and their clients should be suspicious of emails asking for money to pay court costs and fines in exchange for closing a case and record expungement,” said Broady. “Please verify the authenticity of these emails before sending any payment, as these fraudsters claim to be from my office and claim they were acting with authority from Cobb Superior Court Judges.”

The Cobb County District Attorney’s Office does not solicit payments via email and will never ask for payment to close a case.

Please proceed with caution if you receive such a communication. Do not send any money or provide sensitive information.
•    If you have a current case, please get in touch with your attorney or the prosecuting agency to verify the information.
•    File a report with your local law enforcement agency.

Please visit the Attorney General’s Consumer Protection Division website for more information about imposter scams.

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Judicial emergency declared in Cobb over court filing system

Cobb Superior Court, Cobb judicial emergency

Weeks after a new online filing system was installed in Cobb Superior Court, a Cobb judge has declared a 30-day “judicial emergency,” saying that serious filing issues and delays are plaguing the new system and prompting many court proceedings to be ground to a halt.

In an order issued Wednesday, Gregory Poole, Chief Judge of the Cobb Judicial Circuit, said that much court business has been impacted by the changes, and issued a 30-day extension of deadlines for filing motions, setting court calendars and other proceedings.

The following items are covered under the order:

  • the time within which to file a writ of habeas corpus;
  • the time within which discovery or any aspect thereof to be completed;
  • the time within which to serve a party;
  • motions for new trial;
  • answers in civil cases;
  • the time within which to appeal or seek right to appeal any order, ruling, or other determination;
  • and such other legal proceedings as determined to be necessary by the authorized judicial official.

    Cobb Superior Court Chief Judge Gregory Poole

(You can read Poole’s order by clicking here.)

The order applies only to Cobb Superior Court, which handles felonies, major civil litigation, divorces, child support matters and more. State Court, Magistrate Court, Probate Court and Juvenile Court systems in Cobb are not affected by the order, which is effective starting Wednesday.

In late June, Cobb Superior Court Clerk Connie Taylor installed a new court filing system, ICON CMS 360, replacing the old system, called CRIS. But the move was done without judges being informed, and with a bevy of errors and malfunctions that have been plaguing operations ever since, he said.

Poole’s order said that Taylor notified him on July 11 that e-filing would be unavailable for four days, then was extended to July 16.

On July 30, according to Poole’s order, the Clerk’s office notified him that the processing of some files would be delayed due to the CMS conversion, and some might not be visible in the system “for between 25 and 35 business days.”

In a release Wednesday, Cobb government said that “the issues most impactful to the administration of justice . . . include the inability of court staff and litigants to retrieve information about cases, inaccurate scheduling and notices, and inaccurate or incomplete documents.”

Poole conferred with the other 10 Superior Court judges before issuing the judicial emergency, which is allowed under Georgia law for an initial period of 30 days when serious problems arise to prevent the court from operating normally.

“The nature of the emergency is such that the Clerk of Superior Court’s CMS conversion has so disrupted the functioning of the court as to have substantially endangered or infringed upon the normal functioning of the judicial system,” Poole wrote in the order.

“The Chief Judge also believes that the CMS conversion has raised serious due process and other constitutional concerns.”

Among the problems cited by Poole in his order is the inability of law enforcement to locate bench warrants and protective orders, documents being filed with erroneous filing dates, legal parties being unable to to verify deadlines and access filings for their cases and lost documents, including criminal indictments and accusations.

“The Clerk’s Office has turned away litigants, attorneys, court reporters, and others from its front counter, refusing to accept documents presented for filing,” Poole wrote, adding that defense attorneys and their clients have not been getting the same access to the system as prosecutors.

In some cases, Poole said, indigent defendants were being charged to copy filed documents, and some criminal cases have been marked at closed, preventing staff, attorneys and litigants from gaining access.

“On several occasions, defendants in criminal cases called the Clerk’s Office to verify a court date and were told that no court date had been scheduled even though a court date had been set,” Poole continued. “This led to several defendants nearly missing or missing a court appearance and barely avoiding the issuance of a bench warrant.”

Cobb Superior Court Clerk Connie Taylor
Cobb Superior Court Clerk Connie Taylor

Taylor, a Democrat who is seeking a second term in November, has not commented publicly on the order of judicial emergency.

She is a state constitutional officer, and her term in office has been marked by controversy. She acknowledged personally pocketing $425,000 in passport fees—court clerks are allowed to do this—a sum that far exceeded her predecessors.

Taylor allegedly ordered one of her staffers to destroy documents related to the matter, telling her to “Donald Trump this thing.”

By end of last year, Taylor’s office was falling behind filing documents to the court systems, sometimes by several months.

In his order Wednesday, Poole said Taylor told him that many of the backlogs can be attributed to staff shortages.

Taylor—her annual salary is $170,000—drew three Democratic primary opponents in May, who all cited performance issues in the clerk’s office.

But she easily defeated them without a runoff.

Taylor’s general election opponent in November is Republican Deborah Dance, a former Cobb County Attorney and a former member of the Cobb Planning Commission.

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Cobb Drug Treatment Court celebrates 2 new graduates

Cobb Drug Treatment Court celebrates 2 new graduates

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Judges, elected officials, community members, court staff, attorneys, family members, and friends packed the Cobb Superior Court Jury Assembly Room to congratulate the two newest Cobb County Drug Treatment Court graduates.  The graduates, staff, family, and friends shared moments of tears and laughter as they detailed their journey. The overriding theme was a sense of accomplishment, hope, and excitement for the next chapter of their lives.

The Drug Treatment Court is an alternative to incarceration for individuals involved in the justice system with a substance use disorder. The 18–24-month program uses a combination of close supervision, individualized, evidence-based treatment, and recovery support to hold offenders accountable for their actions and teach them to be productive members of the community.

One of the graduates shared, “Drug Treatment Court has changed my way of thinking to allow me to make better choices, stay sober, and move forward with my life to be a productive member of society.”

Superior Court Judge Kimberly A. Childs presides over the Drug Treatment Court and the multi-disciplinary team administering the program.  After the graduation ceremony, she reflected that “these graduates exemplify the need for and importance of an evidence-based recovery and treatment program in our criminal justice system.  Our community should be proud of the commitment Cobb County has to helping those with substance use disorder transform their lives. Through our dedicated team’s efforts and our stakeholders’ continued efforts, these six graduates are now sober, independent, and productive members of our society.”

For more information about Cobb County Drug Treatment Court, including how to become involved or support the program, please contact Porsha Middlebrook, DTC Coordinator, at 770.528.1933, Porsha.middlebrook@cobbcounty.org.

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Justin Ross Harris freed from Ga. prison, back in Cobb jail

Nearly two years after having his murder conviction overturned in the “hot car” death of his young son, Justin Ross Harris has been released from a Georgia prison.Justin Ross Harris freed from Ga. prison, back in Cobb jail

But he’s been transferred to the Cobb County Adult Detention Center, where he is to finish serving a sentence on other related charges.

The Georgia Department of Corrections announced that Harris, now 43, was released from the Macon State Prison on Sunday, Father’s Day.

That’s where he had been since Dec. 2016, after being convicted by a Glynn County jury for the death of his 22-month-old son, Cooper.

Harris left the boy in his vehicle in June 2014 while he worked as a web developer for Home Depot in Vinings. He said during his trial that he forgot about the child, but prosecutors allege he wanted to kill his son to get out of a troubled marriage.

The boy was pronounced dead of hypothermia after being inside of Harris’ SUV for several hours, as temperatures rose above 100 degrees.

The jury in Brunswick, in Glynn County—the trial was moved to the Georgia coast due to pretrial publicity—returned a guilty verdict, and Harris was sentenced to life in prison without parole.

He also received 12 more years for misdemeanor charges of criminal attempt to commit sexual exploitation of a minor and distributing harmful materials to minors.

During the trial, Cobb prosecutors presented evidence about Harris’ extramarital activities and sexually lewd activities and communications with girls and women.

Harris’ lawyers claimed that including that evidence was prejudicial, but Judge Mary Staley Clark rejected those objections, as well as their motion for a new trial after the conviction.

In June 2022, the Georgia Supreme Court overturned the conviction, saying that the sexual offenses should have been tried separately from the murder charge.

Last May, Cobb District Attorney Flynn Broady said his office would not retry Harris because “crucial motive evidence that was admitted at the first trial in 2016 is no longer available to the State due to the majority decision of the Supreme Court.”

Prosecutors who tried the case under former DA Vic Reynolds have been critical of Broady’s action, as has Sonya Allen, a deputy district attorney in Fulton County.

She defeated Broady in the May 21 Democratic primary and is running unopposed in the November general election.

Allen cited the Harris case as among her reasons for running and indicated that if elected she may conduct a review for a possible retrial.

According to Cobb Sheriff’s Office records, Harris was booked in the Cobb jail Sunday, on two misdemeanor counts of distribution of obscene materials to minors, a sentence that has two years remaining.

He served 10 years in state prison for a conviction of sexual exploitation of a child.

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Cobb judge to serve as president Georgia judicial council

Submitted information and photo:Cobb jurist to serve as president Georgia judicial council

Superior Court Judge Ann Harris of the Cobb Judicial Circuit, Marietta, became President of the Council of Superior Court Judges. Her term of office and those of President-Elect Superior Court Judge Richard “Bert” Guy Jr., of the Brunswick Judicial Circuit and Secretary Treasurer, Superior Court Judge B. Chan Caudell of the Mountain Judicial Circuit, will run through April 30, 2025.

Judge Ann Harris was elected to the Superior Court of the Cobb Judicial Circuit in July 2014 and was re-elected without opposition in 2018 and 2022. In addition to managing a full docket of criminal, domestic, and civil matters, Judge Harris presides over Cobb County’s Mental Health and Parental Accountability Courts. The former is a model court among the State’s mental health courts, and the latter is an award-winning program that seeks to transform chronic non-payers of child support into self-sufficient financially supportive parents through education, substance abuse treatment, and job assistance and placement. Over the past seven years, Judge Harris has participated in a cooperative effort with the Republic of Georgia to promote the independence of the Georgian judiciary and strengthen the rule of law in that country by assisting their judges in court and jury trial management. Chair of the CSCJ Pattern Jury Instructions Committee. She is also the Vice-Chief Judge of the Cobb Superior Court bench and is a member of the Weltner Family Law Inn of Court.

Before her election to the bench, Judge Harris served the people of Cobb County as an assistant district attorney for 19 years. In addition to prosecuting all types of serious felony offenses, she helped draft the first human trafficking laws in Georgia in 2006 and was a member of the regional human trafficking task force. Prior to her legal career, Judge Harris worked for several years as a senior consultant with an international information services consulting firm.

She earned her law degree from Vanderbilt University and her bachelor’s degree from Auburn University. She is a member of, and recently finished a two-year term as Chair, of the Board of Directors of MUST Ministries, a non-profit organization dedicated to assisting homeless and struggling families and individuals with housing, food, clothing, employment and other needs. She and her husband Jim, both devoted Auburn fans, have been married for 39 years and live in Smyrna with their two rescue dogs Bert & Willie.

The Council of Superior Court Judges is composed of the state’s 228 Superior Court judges and over 100 senior (retired) Superior Court judges. It was established by the state legislature in 1985 to further the improvement of the Superior Courts and the administration of justice in Georgia. The Council seeks to identify and propose solutions to problems common to all judges. Duties of the Council include developing and administrating Georgia’s Superior Court Judges’ budget, initiating and responding to legislative issues involving the Superior Court, drafting and proposing Uniform Superior Court Rules, preparing bench publications including pattern jury instructions, and certifying continuing judicial education.

The newly elected officers, Immediate Past-President, and administrative judges representing each of the ten judicial administrative districts in Georgia comprise the Council of Superior Court Judges’ Executive Committee, which is authorized to manage the projects and policies of the Council. Theyalso serve on the Judicial Council of Georgia with representatives of other classes of court to set policy for the judiciary. The Council’s central office is located in Atlanta.

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Cobb Drug Treatment Court celebrates 6 new graduates

Cobb Drug Treatment Court celebrates 6 new graduates

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Judges, elected officials, community members, court staff, attorneys, family members, and friends packed the Cobb Superior Court Ceremonial Courtroom to congratulate the six newest Cobb County Drug Treatment Court graduates. The graduates, staff, family, and friends shared moments of tears and laughter as they detailed their journey.  The overriding theme was a sense of accomplishment, hope, and excitement for the next chapter of their lives. 

The Drug Treatment Court is an alternative to incarceration for individuals involved in the justice system with a substance use disorder. The 18-24-month program uses a combination of close supervision, individualized evidence-based treatment, and recovery support to hold offenders accountable for their actions and teach them to be productive members of the community. 

One of the graduates shared, “Drug court has changed my life because before the program, I did not think very much of the future. My only goal was to stay out of jail. Now, I feel like the sky is the limit. I have accomplished things that I have only dreamed of.”

Superior Court Judge Kimberly A. Childs presides over the Drug Treatment Court and the multi-disciplinary team administering the program. After the graduation ceremony, she reflected that “these graduates exemplify the need for and importance of an evidence-based recovery and treatment program in our criminal justice system. Our community should be proud of the commitment Cobb County has to helping those with substance use disorder transform their lives. Through the efforts of our dedicated team and with the continued support of our stakeholders, these six graduates are now sober, independent, and productive members of our society.”

For more information about Cobb County Drug Treatment Court, including how to become involved or support the program, please contact Porsha Middlebrook, DTC Coordinator, at 770.528.1933 or porsha.middlebrook@cobbcounty.org.

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Man gets life for killing friend at Delk Road apartments

A Cobb judge this week sentenced a man to life without parole for shooting his friend to death at an apartment complex off Delk Road in 2020.

Man gets life for killing friend at Delk Road apartments
Kehari Yarber

The Cobb District Attorney’s Office said that Kehari Yarber, 26, was found guilty of malice murder, felony murder, aggravated assault and possession of a firearm in commission of a felony by a Cobb Superior Court jury last week.

Judge Robert D. Leonard sentenced him to life without the possibility of parole plus an additional five years to be served consecutively.

The DA’s office said in a release that police were called to an area between the Stratford Ridge complex and the Atrium at Bentley complex on Oct. 31, 2020, and found a male body in the woods.

The release said that Blake Porter, 20, was pronounced dead on the scene, and that detectives found surveillance footage showing him walking in that area with another male on the evening of Oct. 30.

According to the release, there was a muzzle flash that appeared on the video, followed by a second muzzle flash some seconds later.

The DA’s office didn’t indicate a possible motive for the shooting, but said in the release that family members described Yarber as a close friend of Porter, with some calling him his “twin.”

The DA’s office said Yarber was identified as the other man from footage at a nearby Shell station and confirmed by images from friends and social media. The release said Yarber completed a transaction at the gas station before leaving.

According to the release, Yarber was arrested in Clayton County on Dec. 15, 2020.

“I am grateful for the dedication of law enforcement and the thorough work of our prosecutors in securing justice for Blake Porter and his loved ones. Our office will continue to pursue justice for victims and hold those who commit such senseless acts of violence accountable,” Cobb DA Flynn D. Broady Jr. said in the release.

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East Side ES students experience ‘Courtroom to Classroom’ event

East Side ES students experience 'Courtroom to Classroom' event

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On Friday, February 9th, 2024, the Cobb County Superior Court proudly hosted the first Courtroom to Classroom event of the new year, welcoming nearly 200 enthusiastic fourth graders from East Side Elementary School. The event aimed to educate students about the intricacies of the legal system through an engaging mock trial experience.

Under the guidance of Superior Court judges Jason D. Marbutt, Kellie S. Hill, and Henry R. Thompson, alongside State Court judge Jaret Usher, the young participants delved into a scripted mock trial to determine the guilt of “Jaime Joyride” in the alleged theft of bicycles from a local store. Judge Marbutt expressed his enthusiasm for educating children, noting, “I love having the opportunity to teach kids about our jury system and due process. I was impressed with how seriously the kid jurors took their job!”

Following the mock trial, the students had the privilege of engaging with representatives from the Cobb Sheriff’s Office’s Community Engagement Unit and meeting K-9 officers Rose and Boomer, along with their handlers, Angela and Deputy Jacob Long, respectively. These officers provided valuable insights into their roles within the community and showcased tools used to ensure public safety, including bicycle and trike patrol units. Judge Henry R. Thompson emphasized the importance of public servants participating in community outreach programs, stating, “I think it is the duty of all public servants to participate in community outreach programs whenever feasible.”

The Cobb County Superior Court looks forward to hosting more mock trials throughout the 2023-24 school year, providing valuable educational experiences for fourth- and fifth-grade groups.

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East Cobb investment adviser sentenced for Ponzi scheme

Nearly a year after pleading guilty to wire fraud in a Ponzi scheme that defrauded several hundred of his clients, an East Cobb investment adviser was sentenced to federal prison this week. East Cobb investment adviser pleads guilty

John Woods, who’s been active in Walton High School sports and civic affairs in East Cobb, will serve seven-and-a-half years, plus three years on supervised probation, according to the U.S. Attorney’s Office for North Georgia.

That’s where federal prosecutors presented evidence that Woods victimized more than 400 investors, at a cost of more than $49 million, over 13 years.

In 2021, the U.S. Securities and Exchange Commission shut down the Ponzi scheme, run out of a fund called Horizon Private Equity, promising rates of return of six to seven percent.

The U.S. Attorney’s Office said in a release Thursday that Horizon would invest the funds in government bonds, stocks, or small real estate projects, and that clients were assured the investments were safe “because Horizon maintained a diverse portfolio.”

But prosecutors said in court last year that those funds were used instead to repay other investors and that “Horizon was able to pay guaranteed returns to investors only by raising and using new investor money.”

The defrauded clients were sent monthly statements that did not disclose that their investments didn’t provide a return to cover the cost of interest.

“Although Woods did not use the money to live a lavish lifestyle, he diverted investor funds to pet projects not approved by the investors, such as purchasing an interest in a baseball team in his home town,” the release said.

Woods, a native of Chattanooga, was a minority owner of the Chattanooga Lookouts minor league baseball team.

Woods, 58, was formerly on the executive board of the Walton Touchdown Club and was a member of the original East Cobb Cityhood committee in 2019.

When the Ponzi scheme was shut down, the Securities and Exchange Commission estimated that Horizon investors were owed $110 million in principal payments.

The sentence handed down by U.S. District Court Judge Sarah E. Geraghty also requires Woods to pay restitution. A restitution hearing is scheduled for April 15.

“Woods abused the trust of his victims, including retirees, seniors, and military veterans, who lost their life savings and retirement accounts due to his greed,” U.S. Attorney Ryan Buchanan said in the release.

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Cobb State Court Clerk introduces QR codes to track cases

Submitted information and photo:Cobb State Court Clerk introduces QR codes

Drivers who get traffic tickets in Cobb County will notice something new on their citations–a QR code. The little black-and-white checkered code that gained widespread usage during the COVID-19 pandemic has been added to the ticket to make it easier to find a case, access information, and determine the next steps.

The Georgia Department of Driver’s Services mandates police agencies use a uniform traffic citation template,  but agencies can customize the back side with local court information. After almost a year of development and testing, the Cobb State Court Clerk’s office implemented the QR code system-wide.

The old citations only included the clerk’s website, which contained basic court information on traffic fines and fees, court dates, and payment options. Users had to visit a different web page to locate their case.  The new QR code system will allow users to quickly find and monitor court dates, view docket updates, change their address, and, in allowable cases, pay fines online with one scan rather than visiting multiple sites.

“We are always looking for innovative ways to assist customers with locating case information, following and updating records, and making these records accessible 24 hours a day, seven days a week,” said State Court Clerk Robin Bishop. While technology streamlines processes, the State Court Clerk reiterated, “We are still available by phone 8 a.m. – 5 p.m. Monday – Friday, as well as in person at our public service counters at 12 E. Park Square, Marietta, to assist the public.”

The Clerk’s Office worked with several Cobb County agencies on this new tool, including the Cobb Police Records Management team, Cobb’s website team, and Information Technology Services team members.

QR codes will not only be on citations. The Clerk’s Office has duplicated this concept at the State Court building, with a “Follow Your Case” QR code visible when users come in for various criminal and civil hearings, interactive screens, and coming soon on some court notices. 

The Cobb State Court Clerk’s Office maintains the records of all court proceedings in the State Court of Cobb County, including all traffic offenses, misdemeanors, and civil actions.

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Cobb Family Advocacy Center opens for domestic violence victims

Cobb Family Advocacy Center opens

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After years of planning and building, there is now a safe place for people to go to get the care they need when leaving destructive and abusive situations. Last week, officials and supporters cut the ribbon on the Cobb County Family Advocacy Center—a central location for crime victims to get assistance. The FAC is designed to address barriers faced by victims, by locating critical service providers under one roof with a coordinated intake process.

The FAC will meet the wide and varied needs of victims of domestic violence, sexual assault, child abuse, elder abuse, stalking, and human trafficking. Read more about the Cobb Family Advocacy Center at CobbFAC.org.

Read more about the Cobb Family Advocacy Center at CobbFAC.org.

Some more background information about the center, which operates out of the Cobb District Attorney’s Office, and is the first such center in the state of Georgia providing coordinated services:

The office was awarded a four-year grant worth up to $400,000 to create the advocacy center, which is partnering with LiveSAFE Resources, SafePath Children’s Advocacy Center, Inc., the Cobb Sheriff’s Office and Police Department, the Solicitor General’s Office, Legal Aid of Cobb County and other law enforcement and non-profit organizations.

“Make no mistake—there’s a problem with domestic violence in this county,” Cobb Chief Magisrate Court Judge Brendan Murphy said at the Dec. 15 ribbon-cutting ceremony.

“We came together to do something about it.”

Instead of having to go from government offices and courts “telling their story over and over,” Murphy said the center is designed as a single point of navigation for victims.

Cobb District Attorney Flynn Broady, who said he grew up in a home with domestic violence, said when he began to go public with his family’s story, others told him he was telling their story too.

“We knew we had to find a way to get people help,” he said. “Our vision is that we will provide a safe place for our community, especially for those who are most vulnerable.”

The facility is located at 277 Fairground Street, location of Cobb’s Department of Family and Children Services.

The hours are Monday-Friday from 9.m. to 4 p.m. Phone: 770-528-8121.

 

Teen gets life for gang killing at East Cobb apartment complex

Teen gets life for gang killing at East Cobb apartment complex
Brayan Rivas

A teenager who was 15 years old when he was charged with the murder of another juvenile has been given a life sentence for the crime, the Cobb District Attorney’s Office said Thursday.

Brayan Rivas, now 18, was given a life sentence without parole plus 20 years by Cobb Superior Court Judge Kimberly Childs after he pleaded guilty in court to charges of malice murder and street gang terrorism, the DA’s office said in a release.

Rivas was indicted in January 2021 on 12 felony counts and was on trial for the April 8, 2020 murder 14-year-old of Janina Valenzuela.

She was riding her bicycle at the Arbors of East Cobb apartments, accompanied by her boyfriend, who was walking with her, according to testimony presented at the trial.

The DA’s office said Marietta Police concluded that they were confronted by a male juvenile, later identified as Rivas (and who is identified as Brayan Segura in court filings).

Janina Valenzuela

Prosecutors said Rivas threatened them both with a knife and tried to start a fight with the other boy. Valenzuela ran away on foot and her boyfriend used a bicycle to escape, according to the DA’s office, with Rivas in pursuit.

The DA’s office said investigators determined that the girl was chased into the woods behind the apartments and was stabbed to death by Rivas. Valenzuela’s body was found in a creek at the back of the complex, according to police.

After Rivas was arrested, he initially denied responsibility, but in a letter he mailed from jail that was obtained by law enforcement, he confessed to killing the girl as part of an initiation rite with the MS-13 criminal street gang, the DA’s office said.

Prosecutors also said that the knife that was used in the killing and that was found at Rivas’ residence was confirmed by the GBI as having the victim’s DNA.

“This was one of the most heinous and senseless murders that I have ever worked,” Cobb Assistant District Attorney Jay Winkler said. “I only hope that the family has some peace knowing that the man responsible will spend the rest of his days behind bars.”

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Cobb to create ‘stability court’ to address evictions issues

Submitted information:Cobb to create 'stability court' to address evictions issues

Cobb County will break new ground with a revolutionary new accountability court targeting the eviction crisis. The Board of Commissioners approved a memorandum of understanding between the county’s Magistrate Court and a nonprofit to form the Housing Stability Court.

“We’re incredibly excited about the program. We’ve been charged with bridging the gap to the future,” said Cobb’s Chief Magistrate Brendan Murphy. “This will bring resources to bear so folks can lift their families to a better situation.”

The program will be funded from a $1.3 million federal Emergency Rental Assistance (ERA) allocation, which can only be used for rental and mortgage assistance. The court wanted to wait until the ERA funds designated for direct assistance were exhausted before starting the program. The county received more than $23 million from the federal government for housing assistance during the pandemic.

The Magistrate Court will work with the Marietta-based Center for Family Resources to administer the program. Participants will be referred to the Housing Stability Court, and there is no mechanism for people to apply to the program directly.  The unique court program will help families avoid losing their homes by providing small monetary assistance combined with wrap-around services to work with landlords and tenants to avoid the eviction process.

The court will crank up in the coming weeks.

 

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Cobb Drug Treatment Court observes 20th anniversary

Cobb Drug Treatment Court observes 20th anniversary

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For 20 years, Cobb’s Drug Treatment Court has led people out of the criminal justice system and into long-term recovery. To celebrate this milestone, on Thursday, October 26, 2023, Cobb Superior Court Judge Kimberly A. Childs led a large gathering of judges, court employees, community stakeholders, and many other supporters in celebration of two decades of changing lives through the County’s Drug Treatment Court program.

At the celebration, Judge Childs, who currently presides over the program, presented a special award to Senior Judge George H. Kreeger, the first Drug Court judge, for his many years of service to the program and the county.

“Today, we celebrate 20 years of creating paths to wellness. Drug Courts are saving lives, reuniting families, reducing crime, and saving money,” said Porsha Middlebrook, Program Coordinator. “Drug Courts work!”

Speakers at the event included Chief Assistant District Attorney John Pursley, who served as the prosecutor on the Drug Court team for several years, and Grady Moore, who served as a prosecutor and later as defense counsel for the Drug Court program for nearly 20 years.

Former DTC graduate Daniel Spinney spoke about his experience before and after participating in the program. Since then, he has been an integral part of the recovery community in Cobb County, including serving as the long-time Director of Program Services at The Zone in Marietta. “Drug Court is a major part of the person I am today. It gave me the tools to be a better son, father, and grandfather. I would not be where I am today without the Drug Court program,” Spinney said.

Judge Childs also awarded DTC community partner and certified sober living facility Four Winds Recovery for their continued partnership and services to the program and participants. The availability of quality sober living housing opportunities has been a mainstay of the DTC, enabling otherwise homeless individuals into the program by offering a stable residence in Cobb County.

Sherrod Jones, the Career and Training Coordinator with CobbWorks, was also recognized for his service as a team member in all the Cobb accountability courts for over eight years. Mr. Jones provides comprehensive services to DTC participants for employment and education. These services are pivotal to ensuring participants obtain stable jobs and achieve independence and sustainability during and after the program.

Hope the Comfort Dog also received recognition for her devotion to the participants of the Cobb DTC and for always providing a calming influence on participants each week in the court hearings. Hope comes to court for every accountability court session. Marietta’s Faith Lutheran Church and School sponsor the Lutheran Charities K-9 Comfort Dogs, and Judge Childs thanked the Church for supporting Cobb’s accountability court participants.

For more information about Cobb Drug Treatment Court, please contact Porsha Middlebrook, Program Coordinator, at 770-528-1933 or email CobbDTC@cobbcounty.org.

 

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Cobb Veterans Treatment Court graduates two participants

Submitted information:Cobb Veterans Treatment Court graduates two participants

Judge Robert Leonard led a celebration Friday where the Cobb County Veterans Accountability and Treatment Court (VATC) graduated two veteran participants during a ceremony at the Cobb County Superior Court Building with over 100 in attendance. This was the 19th graduating class of successful veterans, bringing 60 local participants who had completed the 18-month intensive treatment program. The Cobb County VATC began June 13, 2014, joining a nationwide surge of accountability courts specifically tailored for veterans, addressing issues of Post-Traumatic Stress Disorder (PTSD), substance abuse, and other mental health issues via counseling, job training, and additional needed services to achieve success.

The Veterans Accountability and Treatment Court’s mission is to increase public safety by reducing recidivism, alleviate the tax burden of incarcerating law-breaking veterans by assisting participants to become productive taxpayers versus inmates, provide intensive case management to address mental health issues and offer familiarity of structure and accountability, like what they encountered during military service.

An estimated 774,464 veterans reside in Georgia, with 47,000 living in Cobb County. Locally, 4,500 active duty/reservists are assigned to Dobbins Air Reserve Base. According to data collected from the Department of Veteran Affairs (VA), nationwide, over 39 veterans attempt to commit suicide daily, and 20 a day take their lives.  Approximately 70% of veterans who took their own lives did not access services provided by the VA, which could have possibly prevented a majority of these suicides.  The tragic daily deaths of 20 veterans is potentially a number that is under-reported since many of these veterans were embarrassed or unwilling to report their veteran status before ending their lives. 

Together with the Atlanta VA, Cobb County VATC participants receive alcohol and drug treatment in Decatur and are given additional treatment locally via a private counselor. When a participant is stable in their recovery and treatment, the assigned VTC team addresses other issues that hinder an enrollee’s success, such as unemployment, lack of stable housing, the need for continuing education, or the benefits of family counseling. 

One of the most unique aspects of the VATC is the Mentor Program. Each VATC participant is paired with a veteran who understands the challenges encountered by their assigned veteran to succeed in the program and graduate.  VATC mentors must be honorably discharged from military service, have no prior criminal record, and are willing to commit to the duration of assisting a minimum of one veteran for the entirety of their 18-month VTC program. 

Two veteran participants graduated from the VATC on August 25. With their mentors by their sides, these veterans turned what once seemed like a dismal path into a very bright future for themselves and their families.   

 

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