East Cobb Courts & Trials

Mt. Bethel UMC lawyers seek documents sent to former pastor

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Steven Usry, appointed Mt. Bethel pastor
Rev. Dr. Steven Usry, appointed Mt. Bethel senior pastor

Former Mt. Bethel UMC senior pastor Randy Mickler is among the church and denominational leaders named in a request for documents in the congregation’s legal battle with the North Georgia Conference.

So is Rev. Dr. Steven Usry, whom the Conference appointed to serve as Mt. Bethel’s senior pastor nearly a year ago, touching off a dispute that has landed in Cobb Superior Court.

A filing there on Wednesday by Mt. Bethel is requesting that the North Georgia Conference provide unspecified documents sent to them and other individuals as the discovery process continues.

The North Georgia Conference sued Mt. Bethel last September after months of conflict over reassigning its top clergy and a failed attempt at mediation.

Mt. Bethel is seeking an expedited vote to disaffiliate from the UMC in its countersuit, as well as recovering church assets and properties claimed by the Conference.

As East Cobb News reported last week, Judge Mary Staley Clark has scheduled a hearing on March 15 to consider motions in both suits. Both sides are seeking injunctions to be considered the week of April 25, according to court filings.

Mt. Bethel claims that the Conference engaged in a “fraudulent conspiracy” to strip the church of its properties, valued at nearly $35 million.

The documents request also seeks Conference documents sent to Mt. Bethel member Donna LaChance.

She’s part of the Friends of Mt. Bethel, a group of church members opposed to the actions by the congregation’s leadership.

LaChance has been outspoken on the topic, telling East Cobb News in an interview last June that the rift has “torn apart” a church community of nearly 10,000 members.

All of those named in the documents request are non-party individuals, meaning that they’re not part of either lawsuit. So is another church member who has retained an attorney after being issued a subpoena by Mt. Bethel lawyers to appear at a deposition.

That deposition, which seeks communications between the member and Conference officials as well as Usry, has been delayed to March 16.

Mickler was Mt. Bethel’s senior pastor for 28 years, and was succeeded in 2016 by Rev. Dr. Jody Ray.

Last April, Ray refused a reassignment from the Conference and turned in his UMC ministerial credentials. Mt. Bethel hired him as a CEO and lead pastor, moves the Conference says violate the UMC’s Book of Discipline governance procedures.

As East Cobb News has previously reported, Mt. Bethel is declining to provide office space and a fall salary to Usry. He’s also had the support of Mickler and has met with Mt. Bethel members off campus.

Usry also is considered a theological conservative, which is among the sticking points in the dispute.

Mt. Bethel is a conservative congregation and a founding member of the Wesleyan Covenant Association. Its leader, Keith Boyette, is a member of Mt. Bethel’s legal team.

The WCA was formed in 2016 as theological differences in the UMC began to widen.

They center in particular on ordaining gay and lesbian clergy and performing same-sex marriages, both currently forbidden by the UMC.

But conservatives anticipate that changing, and also formed a more conservative denomination, the Global Methodist Church.

On Thursday, the Global Methodist Church announced it was formally launching on May 1. That follows the decision by the UMC to postpone its General Conference to 2024 due to continuing travel issues related to COVID-19.

That conference was to have been held in 2020, with a vote likely on allowing conservative churches to leave.

(You can read the Mt. Bethel documents by clicking here and entering case number 21106801.)

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As Mt. Bethel UMC lawsuits proceed, church member subpoenaed

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Mt. Bethel Church

Attorneys for Mt. Bethel United Methodist Church have issued a subpoena for a church member and may call others for depositions as lawsuits proceed involving the East Cobb congregation and the denomination’s North Georgia Conference.

A deposition with the church member that was scheduled for Wednesday has been delayed to next Tuesday after she retained a lawyer, according to filings in Cobb Superior Court.

(You can read the Mt. Bethel documents by clicking here and entering case number 21106801.)

The North Georgia Conference sued Mt. Bethel in September after months of conflict over reassigning its top clergy and a failed attempt at mediation (you can read the lawsuit here).

In addition to trying to recover church assets and properties claimed by the North Georgia Conference, Mt. Bethel is demanding in its countersuit (you can read that here) that it vote to disaffiliate from the United Methodist Church before the denomination’s scheduled General Conference meeting in September.

The Mt. Bethel church member is addressed in the subpoena as a “non-party,” meaning she is not a defendant or other party in the suits.

She was ordered to appear at the offices of Mt. Bethel’s attorneys with communications between her and “any agent of the North Georgia Conference of the United Methodist Church” regarding Mt. Bethel or the lawsuit.

The subpoena also ordered her to provide communications between her and Rev. Dr. Steven Usry, the appointed senior pastor at Mt. Bethel that the church has refused to accommodate, as well as Bishop Sue Haupert-Johnson and superintendent Jessica Terrell of the North Georgia UMC.

The church member also was ordered to provide communications between her and members of the press and between “you and with any person since Jan. 1, 2018” regarding Mt. Bethel or the suit.

Cobb Superior Judge Mary Staley Clark has scheduled a March 15 hearing to consider motions in a lawsuit filed against Mt. Bethel by the North Georgia Conference, as well as Mt. Bethel’s countersuit. Both sides are seeking injunctions to be considered the week of April 25, according to court filings.

Mt. Bethel leadership has called a church administrative council meeting for Sunday at 4 p.m. in the sanctuary on the main campus (4385 Lower Roswell Road).

On Friday, Mt. Bethel’s lead attorney sent a congregation-wide e-mail explaining that the process of collecting documents and testimony from “from individuals and entities they believe may have knowledge of relevant facts” is part of every lawsuit, “and such requests are in no way accusatory, nor should assumptions be drawn based upon them.”

That message, written by Robert D. Ingram of the prominent Marietta law firm of Moore, Ingram, Johnson & Steele, added that “while the inconvenience and disruption caused by the discovery process is unfortunate, it is an important tool for developing and preserving relevant facts. It is in this way that the truth both comes to light and may then be presented in a court of law.”

‘What purpose is served by this?’

Mt. Bethel members who are against the actions by church leadership have formed a group called the Friends of Mt. Bethel, and on Tuesday sent out an e-mail denouncing the subpoena of the church member.

“Our church is using this legal process to go after some of its own members, people who are in no way responsible for any of the decisions at issue in this lawsuit,” said the Friends of Mt. Bethel e-mail.

The message acknowledged that while issuing subpoenas to its members is legal, “it should never have happened. These members are not parties to the lawsuit, and they had no involvement in the decisions at issue in the case. Their private messages should not have been requested by Mt. Bethel, nor should the Conference have shared them without a court order.

“Imagine the amazement, concern, and fear when people realize their own church has served them legal papers and that they must now obtain legal counsel. What purpose is served by this?”

Mt. Bethel, with nearly 10,000 members, is the largest of the 800 congregations comprising more than 300,000 members in the North Georgia Conference.

The Mt. Bethel dispute arose in April 2021, when Haupert-Johnson reassigned Rev. Dr. Jody Ray, Mt. Bethel’s senior pastor, to a non-pastoral post in the North Georgia Conference office.

Mt. Bethel refused the reassignment of Usry to replace him, alleging the church was not properly consulted. Ray turned in his UMC ministerial credentials and was hired by Mt. Bethel as a lead pastor and CEO.

The church also declined to provide Usry office space or pay his full salary. Although he has met with Mt. Bethel members elsewhere since his appointment, he said he is staying away from the Mt. Bethel premises during the legal dispute.

Mt. Bethel’s countersuit lists North Georgia UMC leadership as defendants, as well as five “John Doe” defendants it describes as “unknown individuals or entities who conspired with the other counterclaim and third-party claim defendants and engaged in the wrongful conduct described herein.”

According to Mt. Bethel, North Georgia UMC officials and other defendants in the Mt. Bethel countersuit “agreed, schemed, combined and aspired . . . to prevent Mt. Bethel’s disaffiliation vote and to take its property.”

After declaring it was not a church in good standing, the North Georgia Conference concluded that “exigent circumstances” prompted it to possess Mt. Bethel properties and assets, and ordered it closed.

Claims of ‘fraudulent conspiracy’

Mt. Bethel claims that’s part of a “fraudulent conspiracy” to strip the church of those properties, valued at nearly $35 million by the North Georgia Conference.

Activities at the main Mt. Bethel campus on Lower Roswell Road and another property on Post Oak Tritt Road are continuing, and Ray remains in the positions created for him.

The North Georgia UMC said those actions and others, including Mt. Bethel’s treatment of Usry, violate the denomination’s Book of Discipline governing procedures.

Nearly 200 UMC delegates are asking that the General Conference be delayed to 2024 due to continuing COVID-19 issues.

That policy-making body was originally scheduled to meet in 2020, but has been delayed by COVID-19 concerns.

The UMC—the second-largest Protestant denomination in the U.S.—has been roiled in recent years by conflicts over theological issues, particularly gay and lesbian clergy and performing same-sex marriages.

The UMC currently bans both, but conservative congregations, including Mt. Bethel, formed the Wesleyan Covenant Association in 2016, anticipating that would change.

The North Georgia Conference claims churches not in good standing are not eligible to have a disaffiliation vote.

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Cobb DA’s office to hold prayer vigil for Ahmaud Arbery Day

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The Cobb District Attorney’s Office said this week it will be holding a prayer vigil Wednesday in observance of Ahmaud Arbery Day.Arbery prayer vigil

The prayer vigil will take place at the Marietta Square at 2 p.m. Wednesday, on the two-year anniversary of Arbery’s death.

He was a 25-year-old black man in Brunswick who was shot to death on Feb. 23, 2020, as he was jogging through a neighborhood.

The Cobb DA’s office prosecuted the murder trials of Travis McMichael, Greg McMichael and William R. Bryan, who were convicted by a Glynn County jury in November.

The three men also are defendants in an ongoing federal hate crimes trial in Savannah.

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Former East Cobb attorney sentenced in litigation fraud scheme

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A disbarred attorney from East Cobb has been sentenced to nearly six years in prison after being convicted by a federal jury of wire fraud and aggravated identity theft involving some of his clients.East Cobb man convicted

According to the U.S. Attorney’s Office in Atlanta, Chalmer “Chuck” Detling II, who was disbarred in 2016, was given a sentence of five years and 10 months, plus three years of supervised release, and was ordered to pay $254,837 in restitution by U.S. District Judge Leigh Martin May.

Detling, 45, who was the owner of the Detling Law Group on Roswell Road, was indicted by a federal grand jury in 2018, after prosecutors alleged he used the identities of his clients without their knowledge to obtain litigation advances totaling nearly $400,000.

During his trial, the U.S. Attorney’s Office said evidence was presented showing Detling received the high-interest loans between October 2014 and April 2016.

The office said that Detling “knew when he submitted the agreement paperwork that the clients had not actually executed the agreements. He did so even after several clients expressly told him they did not need or want such financing.”

A release by the office said that “Detling was able to secure these fraudulent litigation advances without his clients’ knowledge in part because the financing companies did not require the clients to be present when applying for the litigation advances or receiving the disbursements.”

In 2012, Detling was fined by the U.S. Securities and Exchange Commission after admitting that he helped conceal a federal fraud indictment against a former client who was pursuing a municipal bond issue to purchase a casket company.

The U.S. Attorney’s Office said it was told the litigation fraud scheme after an anonymous tip was given to the Georgia Bar Association.

“This tough but fair sentence should remind those considering similar behavior about the consequences of those decisions, especially licensed professionals who are considering exploiting their clients in a time of need,” said U.S. Attorney Karl Erskine in a statement.

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Cobb Magistrate Court booking Valentine’s weddings in February

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Cobb Magistrate Court Valentine's weddings

The “Month of Love” is what the Cobb Magistrate Court is calling February, and is offering special wedding appointments on selected dates.

Some of them will be taking place on Valentine’s Day on Monday, but there are other appointments on Feb. 22 as well.

Judges will be conducting group ceremonies throughout the day, and the court will be holding weddings at noon and 6 p.m. daily through February.

Newlyweds also can enjoy a photo area to capture the initial memories of their marriages.

A fun photo area for Cobb’s newlyweds to capture memories of their big day will also be available during the entire month of February.

Chief Magistrate Court Judge Brendan Murphy said in a county release that “we’re glad to welcome those wanting to tie the knot during this Month of Love while keeping the newlyweds and their guests safe and healthy!”

But because of social-distancing protocols, all ceremonies are by appointment only.

Using the Court’s new online reservation system, couples can make an appointment online at www.cobbcounty.org/magistrate or by calling the Warrant Division at 770-528-8900.

Couples must show a valid license issued by a Probate Court in Georgia, and they may invite up to four guests.

Masks are required inside the courthouse, but couples may temporarily remove them during their wedding ceremonies.

 

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Jury trials in Cobb courts paused due to rising COVID-19 cases

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The chief judge of Cobb Superior Court has ordered that jury trials to be paused for three weeks due to a sharp increase in COVID-19 transmission.Cobb Superior Court, Cobb judicial emergency

Judge Robert Leonard on Monday said the delays will go through Jan. 21, which coincides with the day before the end of an emergency declaration issued by Cobb Commission Chairwoman Lisa Cupid.

The courts have operated under separate orders during the COVID-19 pandemic, and Leonard said that “I did not make this decision lightly. We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”

The delay will not affect grand jury proceedings, according to a statement issued late Monday by Cobb County government.

Cobb State Court, which hears misdemeanor cases, also will be following suit with a jury trial delay, according to the county statement.

In addition, Cobb Juvenile Court has imposed some changes to its operations that continue through Feb. 4.

Leonard’s order was issued on the first working day of 2022, after the Christmas and New Year’s holidays, which have been marked by a rapid spike in COVID-19 cases.

Cobb and Douglas Public Health is reporting that the 14-day average of cases per 100,000 in Cobb is 1,975, far above the “high” transmission threshold of 100.

As of Friday, that figure was at 1,505, and those figures represent the highest transmission levels in Cobb since the pandemic was declared in March 2020.

The Cobb County School District and Marietta City Schools are returning to classes Wednesday for the start of the spring semester on an in-person basis, as other metro Atlanta school districts are going remote for this week.

In his order, Leonard said that “I will continue to consult with our stakeholders and the department of public health and re-evaluate things in the weeks ahead. I will continue to strive to take a measured approach and may extend this pause in jury operations or resume it as appropriate.”

 

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Cobb DA releases statement on Arbery murder convictions

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Cobb District Attorney Flynn Broady Jr. has spoken out on the murder convictions of three men charged with killing Ahmaud Arbery in Brunswick.Cobb District Attorney Flynn Broady

Travis McMichael, Greg McMichael and William R. Bryan, all white defendants, were found guilty of the murder of Arbery, a black man, by a Glynn County jury the day before Thanksgiving.

The case, which drew national headlines, was prosecuted by Cobb DA’s office. Georgia Attorney General Chris Carr reassigned the cases in May 2020 after the Glynn District Attorney recused herself because Gregory McMichael worked as an investigator in that office.

Broady, who defeated appointed Cobb DA Joyette Holmes last November, said in a statement issued by his office Friday that “were determined that each of the defendants were given a fair trial and I believe we did that.”

He also commended his staff, including “lead prosecutor Senior ADA Linda Dunikoski, Senior ADA Paul Camarillo, ADA Larissa Ollivierre and a host of others from our office [who] worked tirelessly to ensure justice for this [Arbery] family.

“We held firm to the belief that our criminal justice system works. When you remove the hate, the intolerance and divisiveness and focus on truth, integrity, and unity that justice will prevail.”

Arbery, who was 25, was jogging in a Brunswick neighborhood on Feb. 23, 2020 when he was shot down.

A viral video showing him being shot as he ran was released several weeks later, and made national headlines in the wake of the George Floyd death in Minneapolis, sparking national protests at the behest of Black Lives Matter.

Arbery’s mother, Wanda Cooper Jones, publicly fought for her son’s death to be prosecuted after the Glynn District Attorney declined to bring charges, citing Georgia’s citizen arrest law.

After an investigation by the Georgia Bureau of Investigation, Carr assigned the Cobb DA’s office to investigate and prosecute the cases.

In its 2021 session, the Georgia legislature revised the citizen arrest law and enacted a hate crimes statute for the first time.

The Glynn County jury had 11 white people and one black juror, and during the trial saw video footage showing Travis McMichael in a pickup truck, shooting Arbery at close range as he ran.

Travis McMichael was convicted of malice murder and eight other felony charges. His father, Greg McMcMichael, was found guilty of four charges of felony murder but was found not guilty of malice murder.

Bryan, who recorded the incident from his phone while riding in the McMichaels’ truck, was convicted of three felony murder charges.

They all face life in prison.

Broady said that the Glynn jury “made a clear statement ” in finding all three men guilty of murder, one that “reflects a new direction for our communities, this State, and the nation, to denounce hate, division and intolerance and promote unity.

“This case has garnered national attention, recalling attention to a past, this nation yearns to forget. It is important that we never forget. That we look at our past and map a new way forward. That we understand our prior shortcomings and work to the goal enumerated in our founding documents, ‘all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness’ and may we add Justice. In order to do that it takes strength and courage, to demand the rights entitled to us by our Constitution and laws.”

The Cobb DA’s office is in charge of prosecuting Jackie Johnson, the former Glynn prosecutor, who was indicted in September for her handling of the cases.

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Cobb Law Library offers legal information to the public

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Submitted information:Cobb Superior Court, Cobb judicial emergency

Cobb’s Law Library is open to the public and provides resources for legal information for attorneys and laypeople.

The Law Library is on the fourth floor of Cobb Superior Court, 70 Haynes St., Marietta, and is open 8 a.m. to 5 p.m. Monday through Friday. The telephone number is 770-528-1884. We do not give legal advice.

Packets of some domestic relations forms, for situations including divorce, legitimation, and name change, are available for purchase in the Law Library. Bring cash! Packets range in price from $1 to $15. The forms – with instructions — are also available on our website at cobbcounty.org/courts/superior-court/administration/forms  We do not have forms available for every conceivable issue.

The Law Library has computers available for legal research. We also have self-help books available on a variety of common legal needs, such as drafting a simple will, the divorce process, and landlord and tenant rights.

No library or county employee can provide legal advice or advise individuals how to fill out forms. If you need legal advice, contact the Cobb Bar Association’s Lawyer Referral Service at 770-424-2947 or the Cobb office of Atlanta Legal Aid at 770-528-2565.

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Cobb jail inmates to be provided 24/7 mental health services

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Submitted information:Cobb sheriff

Under the leadership of Sheriff Craig Owens, the Cobb County Sheriff’s Office will become the first sheriff’s office in the state to provide its detainees around-the-clock access to behavioral and mental health services. 

Beginning Nov. 15, the Adult Detention Center will have a full-time psychiatrist on staff and be able to quickly assess, diagnose, and treat patients with mental health issues. The staff will also include psych registered nurses and licensed practical nurses.

“Many of the men and women in our custody would likely never have entered the criminal justice system if someone ensured they had access to quality mental health services at various stages of their lives,” said Sheriff Craig Owens. “From intake to discharge, we are committed to getting our detainees the help they need so they never have to walk back through our doors again.”

The new mental health program will utilize the American Psychiatric Association’s assessment and treatment plan formulation, leading to patient-specific support. The Sheriff’s Office and the healthcare team will place emphasis on suicide prevention and substance abuse support. 

“Wellpath supports the Sheriff’s vision to treat our patients with the dignity and compassion they deserve by enhancing the mental health services being provided, said Zela Guirola, Group Vice President of Partnership Development. “We are committed to providing 24/7 mental health coverage, enhanced staffing, intensive programming, and discharge planning focused on finding resources to support inmates upon discharge back into the community. These soft handoffs to community resources will support the continuation of care resulting in better served communities.”

The Sheriff’s Office will host a ribbon-cutting ceremony when the program launches to celebrate the launch of this momentous shift in prioritizing detainee care. 

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Five men graduate from Cobb Drug Treatment Court

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Judge Staley and four graduates

Submitted information and photos:

Judges and staff of the Superior Court of Cobb County congratulate five men who celebrated recovery and completed the Drug Treatment Court program on Monday, Oct. 4.

The intensive program, suited for criminal offenders who are generally non-violent, lasts a minimum of two years and aims to treat an individual’s underlying addictions and return him or her to a productive member of society while reducing incarceration costs.

Judge Mary Staley Clark recently took over as presiding judge of this accountability court program. 

“You persevered and kept going,” she told the graduates at the start of the celebration. “It takes enormous courage to do a program like this. You dug deeper into your mind, your heart, your soul.”

She is pictured above with graduates (from left) James, Jason, John and Joel.

Joel, 42, entered the program in December 2019, and during his time in the program has grown his business, gotten married, and become a father. 

“Life as I knew it has taken on a whole new meaning,” he said. “Drug Court provided me with the tools and resources, along with structure and accountability, to achieve and maintain a sober and happier life.”

Each graduate introduced family and friends who were attending in person or via Zoom, and thanked the staff and nonprofit groups that helped them get back on track. 

Jason, 44, began Drug Court in summer 2019. “I have my life back,” he proclaimed. 

More than 650 people have graduated from Cobb’s Drug Treatment Court. Many continue to support each other in their recovery, including through an alumni group.

DTC graduates with staff
New graduates of Drug Treatment Court join program officials in Judge Mary Staley Clark’s courtroom, Oct. 4, 2021.

A team that includes prosecution and defense attorneys, treatment counselors, probation officers, administrators and the presiding judge reviews each application for Drug Treatment Court and monitors admitted participants throughout. Punishment for violations can range from a night in jail to expulsion from the program.

Porsha Middlebrook is the Coordinator of Drug Treatment Court. Kayla Tomes is the Case Manager. 

Various county and state offices collaborate in operating individual Accountability Courts. Additional support is provided by nonprofit groups including the Davis Direction Foundation, Restoring Lives Alliance, and WorkSource Cobb. 

For more information, visit cobbcounty.org/SuperiorAC.

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Cobb District Attorney’s Office welcomes comfort dog ‘Rose’

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Cobb District Attorney comfort dog
Rose made her first public appearance Saturday at Noonday Creek Trail in to support men and women in alcohol and substance abuse recovery.

Submitted information:

Cobb County District Attorney Flynn D. Broady, Jr. announces that Rose, a three-year old black Labrador retriever, will join the office as a support resource for victims and staff.

The District Attorney’s Office was inspired to acquire a comfort dog for the office by the efforts of the Northeast Cobb Business Association’s 5K-9 event. Ultimately, the Forsyth County Sheriff’s Office in partnership with the Pups with a Purpose program donated Rose to the office. Pups with Purpose is a program which matches Forsyth County Jail inmates with volunteer citizen dog trainers and Forsyth County Animal Shelter dogs. As the inmates receive social and job skills, the shelter dogs receive a second chance at finding a home. Rose received specialized training from Scot Rucker with Rucker Dog Training, which has prepared her to assist victims of crime in court.

“When exposed to a comfort dog, the disclosure rate for kids went from 30% to 68-70%,” Sheriff Ron Freeman said. “We’ve seen first-hand how crime victims who are under such stress and strain, introduced to the dog and can see their emotions taper down before they sit in a court room.”

The DA’s Victim Witness Unit has been working hard to bring this resource to Cobb County. “The level of stress and anxiety that victims of domestic violence experience is drastically reduced with the introduction of assistance animals.” Kimberly McCoy, Director of the Victim Witness Unit, said. “It’s been a long process, but we are excited.”

“Child victims will have the opportunity to have Rose there to calm them down and assure them that they are in a safe place so they can tell their story and not feel afraid of what happens if they tell it,” DA Broady said.

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Canine CellMates program has ribbon-cutting for Cobb location

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Cobb Canine Cellmates ribbon cutting

Submitted information and photos:

Canine CellMates held a ribbon-cutting ceremony to celebrate the grand opening of their new location in Cobb County on Thursday, September 9. Susan Jacobs-Meadows, Founder and Executive Director of Canine CellMates cut the ribbon.

The Chairman of the Board of Commissioners of Fulton County, Robb Pitts, and Deputy Chief, Fulton County District Attorney’s Office, Jill Holander, spoke at the event.

In addition, Cobb County District Attorney Flynn Broady; Cobb County Chamber Executive Board Chairman John Loud; Cobb County Chamber Director of Member Engagement Elizabeth McMahon; Honorable Jason Marbutt, Cobb Superior Court Judge; Honorable Kellie S. Hill, Cobb Superior Court Judge; Cobb County Commissioner Keli Grambrill, Cobb County Government Assistant Allie Korucu; Representatives from U.S. Rep. Barry Loudermilk’s office; Alton Adams, Deputy Chief Operating Officer for Public Safety; Fulton County Public Defender’s Office Liz Markowitz; and Khadijah Abdur-Rahman were in attendance.

Canine CellMates is a nonprofit organization that has been dedicated to reaching incarcerated men using the magic healing power of dogs since 2013.

During their time participating in the Canine CellMates program, inmates train rescued shelter dogs as well as sitting in classes and curriculum designed to help give them the tools to avoid future incarceration.  Through this program, Canine CellMates transforms the community by offering hope and a second chance. They are very excited to be expanding their services to an out of custody program called “Beyond The Bars.” This program will help to positively impact the lives of more men, and more rescue dogs.

During their time participating in the Canine CellMates program, inmates train rescued shelter dogs as well as sitting in classes and curriculum designed to help give them the tools to avoid future incarceration.  Through this program, Canine CellMates transforms the community by offering hope and a second chance. They are very excited to be expanding their services to an out of custody program called “Beyond The Bars.” This program will help to positively impact the lives of more men, and more rescue dogs.

Building tours will be given in the coming weeks after the ribbon cutting, to provide an overview of how this program will work inside the new space.

Cobb Canine Cellmates ribbon cutting

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Cobb Second Chance Desk opens to the public this week

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Cobb Second Chance Desk

Submitted information:

Earlier this year, Cobb District Attorney Flynn D. Broady Jr. announced his support of a record restriction help desk. Partners on this project include the Georgia Justice Project, Cobb Circuit Defender Randy Harris, Cobb Solicitor General Barry E. Morgan, and the Cobb Judicial Circuit.

The record-restriction help desk will be known as Cobb Second Chance Desk. It will be housed in the Cobb Circuit Defender’s Office. Cobb’s Second Chance Desk will be the first of its kind in Georgia. It will be staffed by GJP attorneys and the Cobb Circuit Defender’s Office. These attorneys will assist eligible individuals with clearing their record as Georgia law allows.

The ribbon cutting for the Cobb Second Chance Desk was Wednesday, June 16 in front of Cobb Circuit Defender’s Office Building at 10 East Park Square in Marietta. 

The desk is scheduled to open to the public on Friday, June 25. Online appointments will be available starting Monday, June 21 at www.cobbsecondchancedesk.com or https://www.cobbcounty.org/second-chance-desk.

WHO IS ELIGIBLE?

Second Chance Desks are an invaluable resource to meet this increasing need for record restriction services.

“Georgia Justice Project helps many Georgians each year with their criminal record, but we can’t do this work alone, and we do so with strong partnership support,” says Doug Ammar, Executive Director of Georgia Justice Project. “Since 4.3 million people have a Georgia criminal history, we need to find creative ways to collaborate with our local institutions to serve as many Georgians as possible. We appreciate District Attorney Broady and Solicitor Morgan for joining us in this effort.”

“This is justice in action,” DA Broady said. “Removing barriers that keep nonviolent people from being productive members of society benefits everyone.”

Cobb Solicitor General Barry E. Morgan added that the service provided by the Georgia Justice Project is needed.

“Prosecutors and court clerks cannot give legal advice, and many people are in limbo if they can’t afford to pay an attorney to navigate the additional, cumbersome process required for record restriction,” Morgan said. “This service will help fill a gaping hole.”

Georgia Justice Project has served Georgians who have been impacted by the criminal justice system for almost 35 years. Learn more at www.GJP.org.

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Cobb Drug Treatment Court graduates five individuals

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Submitted information:Cobb Superior Court implicit bias training

The judges and staff of the Superior Court of Cobb County congratulate the five people who completed the Drug Treatment Court program on Monday.

The intensive program, suited for offenders who are generally non-violent, lasts a minimum of two years and aims to treat an individual’s underlying addictions and return him or her to a productive member of society while reducing incarceration costs.

“My decision to participate in the drug court program saved my life,” said Timothy, 35, who was previously charged with methamphetamines possession and was among Monday’s graduates. “This program works if you work at it.”

Graduate Wilmer, 52, entered the program in 2019 after an arrest for possession of methamphetamines and cocaine.

“The Cobb County Drug Court program is one of the best ideas the judicial system has ever come up with. It gives people with addiction problems another chance at life. So much of the life I have now, I would never have had without this program,” Wilmer said. “It’s a hard program, and they will hold you accountable. But if you stick with it and do what they ask you to do, it’s well worth it.”

Robert, 56, was also charged with possession of methamphetamines and dangerous drugs before seeking admittance into Drug Treatment Court. “I am a member of the Drug Court program and now a productive member of society. It works,” he said.

Judge Mary Staley Clark now presides over Drug Court, succeeding Senior Judge George Kreeger. A team that includes prosecutors, treatment counselors, probation officers, administrators and the presiding judge, reviews each request for participation in Drug Treatment Court, and monitors admitted participants throughout. Punishment for violations can range from a night in jail to expulsion from the program.

Various county and state offices collaborate with the judges in operating individual Accountability Courts. For more information, visit cobbcounty.org/SuperiorAC

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East Cobb man indicted for shooting at police in standoff

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An East Cobb man charged with shooting at police officers during a standoff at his home last fall has been indicted on 14 felony counts by a Cobb grand jury.East Cobb grandfather sentenced

The Cobb District Attorney’s office said that that Donald Terry Welborn was indicted on Thursday on nine counts of aggravated assault against a police officer, three counts of aggravated assault and two counts of possessing a firearm while committing a felony.

Welborn, 57, was arrested at his home on Kingsley Drive (off Post Oak Tritt Road and near Johnson Ferry Road) on Sept. 22, 2020, hours after neighbors began hearing shots from his residence around 5:30 a.m.

Cobb Police, including a SWAT unit, arrived on the scene, beginning a standoff that closed off the New Castle neighborhood for the rest of the morning.

During the standoff, police said Welborn shot at multiple officers as negotiators tried to get him to come out of the home. According to the indictment, Welborn took aim at nine different officers.

He was taken into custody about six hours later with no injuries and was charged with eight felony counts, police said.

Welborn remains at the Cobb County Adult Detention Center without bond, according to Cobb Sheriff’s Office booking records.

In February, Welborn’s attorney attempted to have his client’s case assigned to a mental health court, but that request was turned down by the Cobb District Attorney’s office.

According to Cobb Superior Court records, assistant district attorney Maurice Brown told Robert Citronberg that “Defendant’s offense does not appear to be sufficiently connected to Defendant’s health diagnosis” but did not elaborate.

According to a criminal warrant taken out against Welborn, he went into a bedroom where Susan Welborn was sleeping, then shot at a ceiling fan.

Cobb court records indicate that she is Welborn’s wife, but they had been separated. Susan Welborn filed for divorce in Cobb Superior Court on the same day of the shootings.

The warrant also states that Welborn was inside his residence when he shot at the homes of two neighbors, one next door and another across the street, striking their homes, before police arrived.

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Man gets life sentence in strangling death of East Cobb mother

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Xi-Anna Graham, East Cobb mother strangled
Xi-Anna Graham

A man charged with the 2018 killing of a mother at her home in East Cobb has been sentenced to life in prison, according to the Cobb District Attorney’s Office.

On Wedneday, Gene Scarboro, 29, pleaded guilty to choking to death Xi-Anna Graham, 24, at her home on Bonnie Dell Drive, and was issued the sentence by Cobb Superior Court Judge Angela Z. Brown, the DA’s office said.

Scarboro was indicted in November 2018 on charges of malice murder and cruelty to children in the third degree stemming from the incident on Aug. 23, 2018, the release said.

During court testimony on Wednesday, Scarboro said he and Graham began arguing early that day, and enraged, he put his arms around her neck until she stopped breathing.

He fled the scene and made an anonymous call to Marietta Police asking for a welfare check, according to court testimony. Officers said they saw Graham without a pulse lying on her bedroom floor and tried to revive her, but without success.

The Cobb Medical Examiner’s office concluded Graham died from asphyxia due to strangulation.

Graham’s four minor children were at home during the incident, and according to the DA office’s release, one of them who had heard previous banging noises said in an interview at SafePath Children’s Advocacy Center that Scarboro “always, he does bad things to her…and now he…killed her.”

The DA’s office said that at Wednesday’s hearing Graham’s father told the court “I held her in my arms and watched her take her first breath, and he took her breath away.”

Scarboro has been in custody since his arrest the day of the crime and by law will get credit for the time he has served, the Cobb DA’s office said.

The DA’s office also urges anyone suffering from abuse in a domestic relationship to contact LiveSAFE Resources by calling its 24-hour crisis line at 770-427-3390 or visiting its website.

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East Cobb man gets life sentence for killing home contractor

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Larry Epstein, East Cobb man gets life sentence
Larry Epstein has been in custody since the March 6, 2019 shootings at his home on Wellington Lane.

An East Cobb homeowner set to go on trial next month for shooting a home contractor to death and seriously wounding another has been sentenced to life in prison.

During a plea hearing in Cobb Superior Court on Tuesday, Larry Epstein, 70, pleaded guilty but mentally ill to murder, aggravated assault and possession of a weapon while committing a felony, according to the Cobb District Attorney’s office.

He has been in the Cobb County Adult Detention Center since March 2019 for shooting Jake Horne, then 21, and Gordon Montcalm, then 38, who were leaving his home after doing some electrical contracting work.

Horne was sitting in a van outside Epstein’s home on Wellington Lane off Johnson Ferry Road on March 6, 2019 when he was shot execution-style in the head with a .22-caliber handgun with a suppressor, according to the Cobb DA’s office.

According to statements at Tuesday’s hearing, Montcalm was getting ready to leave in another vehicle and tried to get away, but Epstein fired his gun at him several times.

According to testimony offered at Tuesday’s hearing, Epstein’s wife arrived at the home just before police arrived, and Montcalm screamed at her that Epstein had shot him and Horne.

The Cobb DA’s office said Montcalm escaped to a neighboring home and wounds to his face, back and arms were treated by a nurse living at that home and who called 911.

Horne was taken off life support the following day at Wellstar Kennestone Hospital, where Montcalm was hospitalized with long recovery.

“Epstein executed Jake, robbing him of life’s most precious experiences—owning a home, getting married, having children—at the young age of 21. And even though Montcalm survived, he is forever scarred, both physically and emotionally,” said Jesse Evans, the Cobb deputy chief assistant district attorney.

Horne’s uncle John Savell told the court the loss of his nephew leaves an “unfillable void,” according to the Cobb DA’s office, which said Montcalm did not attend the hearing but supported the case being resolved without a trial.

Cobb jury trials are set to resume in April after nearly a year of backlogs due to the COVID-19 pandemic.

Earlier this month Epstein’s attorney tried to delay the trial until August, saying that his client wanted to be vaccinated against COVID-19 before having a trial. Cobb Superior Court Judge Ann Harris also had ordered a psychiatric evaluation of Epstein, whose attorney has said in court filings suffers from mental illness.

At Tuesday’s hearing, prosecutors said that after officers arrived at the Epstein home, they discovered a surveillance camera video that showed part of the murder.

Police blocked off the street, and the Cobb DA’s office said that after Epstein surrendered peacefully, he waived his Miranda rights.

Testimony introduced at the hearing said during a search warrant at Epstein’s home, officers found firearms, including the murder weapon and the suppressor hidden in the garage.

Prosecutors aid the handgun was “positively linked by ballistics testing to the shootings of Horne and Montcalm.”

The day after Epstein’s arrest, his wife filed for divorce.

Harris called the incident an “irreparable tragedy” as she issued the life sentence.

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Walton HS mock trial team finishes 3rd in state competition

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Walton HS Mock Trial team

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The 2021 Georgia Mock Trial State Finals Tournament was held last weekend and Walton High School’s team made it to the final four, ultimately placing third in the state out of 99 teams. Co-led by Superior Court Judge Jason Marbutt and local attorney Bill Atkins, along with Chris Sprague, an administrative judge with the U.S. Merit Systems Protection Board and attorney Petal Walker, Walton’s team finished with a 9-1 record, only losing in its final round to the eventual champion.

“Mock trial is a great way for kids to learn about our court system,” Judge Marbutt said. “More importantly, it’s a great way for kids to learn about themselves. They have to stand their ground in legal disputes, control their emotions amidst disagreement and remain calm even when things don’t go how they expect. Being able to be in an actual courtroom enhances the experience for the kids, and I was happy I could offer a safe space for them.”

Teams are six-12 competing students who present one side of the case each round, being assigned to either the plaintiff or defense. Students on the Walton High School team are Jenny Krakowski, Elise Johnson, Grace Hardy, Piran Terlesky, Andrew Lee, Mika Dennerline, Sanya Kaushal, Gryffin Crowder-White, Collin Marbutt, Sarah Hardy and Omar Inan.

The 2021 mock trial season operated differently this year due to the pandemic. Instead of a single Saturday of competition, teams used Zoom to compete virtually in rounds held throughout the week and weekend over the course of seven weeks. Instead of competing the traditional way by regions, all teams competed in a statewide competition. Prelim rounds began the weekend of Jan. 30, followed by mid-level rounds in early March. The top 32 teams from the mid-level round then moved on to compete in the state finals tournament last weekend.

During the 10 rounds of competition, Jenny Krakowski won six Best Attorney awards, Elise Johnson won three Best Attorney awards, Gryffin Crowder-White won three Best Witness awards, Sarah Hardy won a Best Witness award and Omar Inan won a Best Witness award. Only one attorney and one witness can win an award each round.

This tournament is hosted by the Young Lawyers Division of the State Bar.

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Attorney for East Cobb murder defendant seeks continuance

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Jake Horne, East Cobb shooting victim, East Cobb man indicted murder
Home contractor Jake Horne died after being shot on a job at an East Cobb home in March 2019.

The attorney for an East Cobb man charged with murdering a home contractor in March 2019 and badly wounding another worker is seeking a continuance in his upcoming trial.

Larry Epstein, now 71, has been ordered to go on trial in Cobb Superior Court in April, when jury trials are allowed to resume following lengthy COVID-19 delays.

But David Willingham, Epstein’s lawyer, filed a motion on Thursday seeking to delay the trial until August so his client can be vaccinated for COVID-19.

Judge Ann Harris issued an order on March 12 for Epstein to appear in person for his trial. Last week she also called for a psychiatric evaluation. In December, Willingham filed a motion seeking a plea of mental incompetence.

Willingham said in his motion last week that Epstein has not been offered an opportunity to be vaccinated at the Cobb County Adult Detention Center, where he has been in custody for more than two years. During his incarceration, Willingham said, Epstein has faced several health issues and has been hospitalized twice.

Epstein is “in a high-risk category for complications should he contract COVID-19,” Willingham said in his motion. He said his client is “ready, willing, able and eager” to be vaccinated and develop antibodies “before he is physically compelled to be present in a public court room with a jury of his peers—strangers from the community whose exposure to COVID-19 and overall health, including the health of others, the Court has no way to properly vet.”

Judges and court staff have been eligible for the COVID-19 vaccine since last Wednesday.

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Epstein was indicted in May 2019 for murder, aggravated assault and possession of a firearm while committing a felony in the death of Jake Horne, 21 of Kennesaw, and the shooting of Gordon Montcalm, then 37, of Buchanan, Ga.

They were finishing up their job as electrical contractors at Epstein’s home in the Wellington neighborhood off Johnson Ferry Road on March 6, 2019 when Cobb Police said Epstein shot them with a .220-caliber handgun, according to his indictment.

Police sealed off the neighborhood on Wellington Lane after getting a call for a possible active shooter, deploying SWAT units and its mobile command center to the scene.

Epstein surrendered peacefully a short time later, after Horne and Montcalm were rushed to Wellstar Kennestone Hospital, police said at the time.

Horne was pronounced dead the following day from a gunshot wound to the head. Montcalm was shot five times and faced a long recovery.

During a court hearing in March 2019, police said video surveillance camera footage indicated Epstein was enraged about his pets being harmed, although they said couldn’t find any evidence of that.

In his December motion, Willingham said Epstein has a history of mental illness and suffers from paranoid delusions, including telling family members he tried to commit suicide in jail “when in fact he had not.”

Harris’ order calls for the psychiatric evaluation to indicate “whether or not the accused had the mental capacity to distinguish right from wrong” and “whether or not the presence of a delusional compulsion overmastered the accuser’s will to resist committing the alleged act.”

On Monday, Cobb deputy chief assistant district attorney Jesse Evans filed a motion to prevent the defense from introducing expert psychiatric witness testimony, saying it hasn’t received an expert report in timely fashion. Evans asked the court to impose an April 5 deadline for that report.

Willingham didn’t reference Epstein’s mental health matters in his motion for a continuance last week. He said that given the chance for further COVID-19 and other delays, his client “understands this case may not occur until well after August 2021.”

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Cobb Superior Court conducts ‘implicit bias training’ for judges

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Submitted information:Cobb Superior Court implicit bias training

The Cobb Judicial Circuit is among the first in the state to have judicial officers across all classes of courts attend implicit bias training. The Superior Court hosted this training for the entire Cobb judiciary on Friday, Feb. 26. Chief Justice Harold Melton of the Supreme Court of Georgia was also in attendance.

This interactive training from the National Training Institute on Race and Equity was led by Dr. Bryant T. Marks, Ph.D., who is the organization’s founder and chief equity officer. It focused on recognizing how implicit biases are normal byproducts of being human, living in society, and being overexposed to certain groups with certain traits and in certain roles. A key concept highlighted was this is about the machinery of the mind and not the content of one’s character. Judges learned how to take steps to be more cognizant of and guard against these implicit biases in judicial decision-making.

“Today, we believe Cobb County became the first judicial circuit in Georgia to offer this type of impactful training to its judiciary from top to bottom, across all classes of courts,” said Chief Judge Rob Leonard, who organized the training. “It’s important to let the public know that we take very seriously our solemn obligation to dispense justice fairly and impartially.”

With 50 judges in attendance from the Cobb Superior, State, Juvenile, Probate, Magistrate, and Municipal Courts, Leonard added, “I could not have been more pleased with the participation, engagement, or the turnout. I am very proud of the leadership role that our bench played in bringing this training to judicial education in Georgia.”

Superior Court Judge Angela Brown, who attended the training, said “It is important for us to begin to understand and address the historic race issues affecting justice in the court system and this training was a great first step. To see my colleagues from all classes of Cobb courts and such great participation from my own Superior Court bench is encouraging.”

Chief Magistrate Brendan Murphy also found the training extremely useful.

“As magistrate judges, our decisions set the trajectory for the entire criminal justice process,” Murphy said. “Even small unconsidered and unchecked unconscious biases can have devastating consequences. I’m grateful Chief Judge Leonard organized this dynamic presentation and proud that all 18 Cobb magistrate judges actively participated.”

Chief State Court Judge Carl Bowers added “The State Court of Cobb County, along with our colleagues in the other courts, is pleased to have participated in the implicit bias training offered by Dr. Marks. His topic is timely, relevant and beneficial.”

Dr. Marks served on President Obama’s Board of Advisors with the White House Initiative on Educational Excellence for African Americans and as a senior advisor with the White House Initiative on Historically Black Colleges and Universities. He has provided implicit bias training to more than 2,000 police chiefs and executives via a series of briefings at the White House. He has also trained tens of thousands of police officers in local police departments across the United States, as well as local prosecutors.

The Superior Court of Cobb County is a court of general jurisdiction handling both civil and criminal law actions. The Superior Court has concurrent jurisdiction with the State Court over cases involving misdemeanors, contract disputes, premises liability, and various other actions. In addition, the Superior Court has exclusive equity jurisdiction over all cases of divorce, title to land, and felonies involving jury trials, including death penalty cases. The Superior Court of Cobb County has 10 elected judges who preside over jury trials, rule on evidence, hear motions and render verdicts in bench trials. Each Superior Court Judge is elected to a four-year term.

For more information, please contact Amanda Marshall at 678-522-9261 or amanda.marshall@cobbcounty.org.

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