PETITION UPDATE
Results of Aug 9 Court Hearing
AUG 10, 2016 — Good Afternoon Supporters, Below please find an update regarding the August 9 court hearing for code violations at 1840 Mason Mill Rd.
Short Answer: The trial has been continued until Tuesday, September 13, at 2:00 p.m.
Long Answer: After the County Solicitor conducted a pre-trial discussion with the property owner, the County Solicitor returned to the courtroom and reported to the Judge concern that the property owner was scattered in thought, unable to focus, and stating he would simply pay the fine and return home and hang himself. Concerned that the property owner did not understand the proceedings, the Judge requested that a Public Defender be called to confer with the property owner. Following a private conversation between the Public Defender and property owner, the Public Defender reported to the Judge that the property owner did not qualify for public defender services but was competent to proceed. The Judge appointed the Public Defender to represent him and asked both the Solicitor and the Public Defender to identify a future date for the trial. The date of September 13 was agreed upon. The County Solicitor asked the Judge to issue a cease and desist order, which the Public Defender opposed while arguing that the property owner was innocent until proven guilty. The Judge refused to order that the property owner stop violating the signage code, stating that the matter still needed to be adjudicated. However, he did inform the code enforcement officers that should they observe code violations at the property they should continue to issue citations to the property owner.
Our thanks to the 20+ neighborhood residents who appeared in the courtroom and sat through some two hours of waiting and conferring. The Judge recognized the large number of neighborhood residents attending the trial (unusual in his courtroom) and stated that he realized by our presence that this matter has significance to the community. He apologized for inconveniencing everyone by having to continue the case, but he thought this was the best next step for justice to be done.
It is particularly critical that as many residents as possible attend the trial on September 13 at Magistrate’s Court, Courtroom E (to the left as you go down the steps), located at 3630 Camp Circle, Decatur, GA 30032. Even though the wheels of justice turn slowly, they are turning. And, we should point out that we have tried to get the mental health system and the police involved in this process with code enforcement from the very beginning to provide an integrated County response to the situation. We are still hoping that this will happen through the judicial process and the trial, which the defendant requested.
We will send out a reminder to everyone prior to the Sept 13 hearing.
Short Answer: The trial has been continued until Tuesday, September 13, at 2:00 p.m.
Long Answer: After the County Solicitor conducted a pre-trial discussion with the property owner, the County Solicitor returned to the courtroom and reported to the Judge concern that the property owner was scattered in thought, unable to focus, and stating he would simply pay the fine and return home and hang himself. Concerned that the property owner did not understand the proceedings, the Judge requested that a Public Defender be called to confer with the property owner. Following a private conversation between the Public Defender and property owner, the Public Defender reported to the Judge that the property owner did not qualify for public defender services but was competent to proceed. The Judge appointed the Public Defender to represent him and asked both the Solicitor and the Public Defender to identify a future date for the trial. The date of September 13 was agreed upon. The County Solicitor asked the Judge to issue a cease and desist order, which the Public Defender opposed while arguing that the property owner was innocent until proven guilty. The Judge refused to order that the property owner stop violating the signage code, stating that the matter still needed to be adjudicated. However, he did inform the code enforcement officers that should they observe code violations at the property they should continue to issue citations to the property owner.
Our thanks to the 20+ neighborhood residents who appeared in the courtroom and sat through some two hours of waiting and conferring. The Judge recognized the large number of neighborhood residents attending the trial (unusual in his courtroom) and stated that he realized by our presence that this matter has significance to the community. He apologized for inconveniencing everyone by having to continue the case, but he thought this was the best next step for justice to be done.
It is particularly critical that as many residents as possible attend the trial on September 13 at Magistrate’s Court, Courtroom E (to the left as you go down the steps), located at 3630 Camp Circle, Decatur, GA 30032. Even though the wheels of justice turn slowly, they are turning. And, we should point out that we have tried to get the mental health system and the police involved in this process with code enforcement from the very beginning to provide an integrated County response to the situation. We are still hoping that this will happen through the judicial process and the trial, which the defendant requested.
We will send out a reminder to everyone prior to the Sept 13 hearing.
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