Demand for Immediate Action Regarding Fair and Just Trials for Detainees at Fulton County Jails

By State Representative Mesha Mainor (R-Atlanta)

(939 words)

Criminal justice, including the never-ending YSL trial, is concerning a significant portion of Fulton County residents as they brace themselves for the final bill of the taxpayer-funded longest trial in Georgia history under the direction of District Attorney Fani Willis.

Georgia-based YouTubers, like The Lead Attorney or national streamers like DJ Vlad, bring millions to Fulton County each day to watch a criminal justice soap opera. The YSL trial is an international spectacle, exposing what many are unfortunately describing as a corrupt system that favors itself over the people it represents - a case study for criminal justice reform.

The right to a fair trial, competent prosecutors working on behalf of victims and the right to a trial free from prosecutorial and/or judicial misconduct are foundational elements of justice. And, the fundamental principle that every defendant is presumed innocent until proven guilty doesn't seem to apply equally for those jailed in Fulton County. Too often, individuals are found guilty based on the actions of prosecutors rather than allowing the jury to weigh the evidence and determine guilt or innocence through a fair trial.

So far, Young Thug exposed a secret judicial ex parte meeting which resulted in his attorney being held in contempt, judges giving tips to prosecutors on how to argue their case with more appropriate objections, prosecutors bullying witnesses with imprisonment if they impeach themselves after signing plea deals (although they can't read), investigating officers, deputies and others allegedly having sexual relationships with witnesses, family members of witnesses and victims, and District Attorney Fani Willis' team being reprimanded by a judge to take a continuing education class for their repeated lapse of knowledge in prosecutorial rules.

The YSL trial unfortunately overshadows the good work of Fulton employees and other elected officials who strive to provide quality service and follow the law. In the General Assembly, we codify clear laws to govern courts, judges and prosecutors. The law is not a suggestion. It is binding and non-discretionary to ensure that justice is served without prejudice or bias, especially in cases that involve marginalized individuals who feel trampled under the weight of a system that does not seem to care whether justice is done, so long as the appearance of justice is maintained.

As the world continues to bite their nails watching two RICO cases in Fulton County, against Thug and Trump, both may end up as complete disasters for one district attorney and the millions of citizens who are funding them both. Any failure to address the issues of injustice will not go unnoticed or unpunished in the court of public opinion.

The time for complacency is over; the time for real justice is now. With the full weight of my office, the citizens of Fulton County demand that immediate and decisive action be taken to correct the matters outlined by seeking expert policy guidance from organizations like the Prosecutor Oversight Commission, the Georgia Prosecuting Attorney Council, State Bar of Georgia, Judicial Qualifications Council, Georgia Association of Criminal Defense Lawyers, Judicial Council of Georgia, Council on Criminal Justice and the Council of State Governments Justice Center

To every family and friend who has suffered the loss of a loved one due to a crime, or who has been a victim of a crime currently being prosecuted in Fulton County, my office extends heartfelt condolences and a sincere apology for the pain and anguish you endure. When the system does not work, ultimately, no one gets justice, including the victims and their families. Together, we need to assure all Georgian citizens that we are committed to improving the criminal justice system's dilatory trials, exclusionary bond hearings and lengthy incarcerations in unsanitary and unsafe conditions without a trial.

A comprehensive audit should be conducted of individuals currently detained in any Fulton County jail and make accessible to the public, with specific focus on identifying detainees who meet the following criteria:

• Individuals who have been detained without a bond hearing for more than 48 or 72 hours following their arrest, in potential violation of O.C.G.A. § 17-4-62 and O.C.G.A. § 17-4-26;
• Individuals who have been unable to post bond for more than 30 days for noncapital offenses or misdemeanors, without having received an arraignment or plea hearing, as required by O.C.G.A. § 17-7-91;
• Individuals who have been incarcerated for more than 90 days without an indictment, potentially contravening O.C.G.A. § 17-7-50;
• Individuals who have been indicted but have not had a trial commence within a "reasonable" time frame, not exceeding 120 days, as stipulated by the Georgia Uniform Rules of the Superior Court;
• Individuals with intellectual and/or physical disabilities as defined by the U.S. Americans with Disabilities Act to ensure their federal rights are not being compromised under Title II Regulations.

Additionally, the Fulton County District Attorney, Fani Willis, should formally implement and disseminate written guidelines to all current and future defendants under her jurisdiction, ensuring that these individuals are provided with clear and accessible explanations of their constitutional rights while being prosecuted by her office including:

• The right to demand a speedy trial pursuant to O.C.G.A. § 17-7-170;
• The right to petition for bond as outlined in O.C.G.A. § 17-6-1(d) and O.C.G.A. § 17-6-15(b)(1);
• The right to submit complaints related to the Fulton County District Attorney's office to the Georgia Prosecutor Oversight Commission, in accordance with O.C.G.A. § 15-18-32.

For change, you must get involved. Join State Representative Mesha Mainor and others for a special hearing on criminal justice reform at the State Capitol on Monday, October 7, 2024, from 3 p.m. - 5 p.m. in room 341 of the Georgia State Capitol.

Sign up for the criminal justice reform pledge here.

Representative Mesha Mainor represents the citizens of District 56, which includes portions of Fulton County. She was elected to the House of Representatives in 2020 and currently serves on the Education, Governmental Affairs, Regulated Industries and State Planning & Community Affairs committees.

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