Wednesday, January 7, 2004

Harris’s prosecutions motivated by politics?

The Georgia Constitution creates power that is supposed to “Perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and family, and transmit to posterity the enjoyment of liberty.” That is a paraphrase of the preamble to the Georgia constitution.

It is my hope that parents can sit around the dining room table with their children and discuss the content of my letter.

I was briefly denied liberty by the State Court Solicitor of Fayette County. His name is Steve Harris. He works for you, and is elected to make objective decisions on whether to prosecute people for crimes against the state.

I served for seven years on active military duty in hostile lands, to preserve the freedoms that our constitution and Bill of Rights give us. I fear Mr. Harris is a danger to all the precious liberties that our forefathers and ancestors have given us. Here is my story.

I am the father of a 12-year-old boy that happens to have special needs. He lives in Peachtree City with my former wife. Almost six years ago my ex-wife hired an attorney and divorced me. It was a very painful process, but we were able to reach a settlement without the need of a trial.

I moved to DeKalb County with the only expectation of maintaining a healthy supportive relationship with my son. Unfortunately, my ex has been extremely hostile and the situation deteriorated to the point that on Feb. 3, 2003, a domestic dispute occurred between us.

The investigating Peachtree City police officer, the duty sergeant, and the Fayette magistrate judge that was on duty that evening (Judge Joe Tinsley) concluded that due to conflicting stories, and insufficient evidence, a primary aggressor could not be determined and no arrest was made.

Knowing the bitterness of my ex, I decided to visit with Judge Tinsley the next morning in person. Judge Tinsley explained that if my ex showed up that he would attempt to talk her out of proceeding with a complaint. If she did file a complaint, then and only then would cross-complaints be filed.

Unfortunately, my ex decided to pursue a charge. On Feb. 19, the day before the probable cause hearing my ex’s attorney Thomas Cook (Cook, Lundy, and Sanderson) communicated to my attorney, Glen Burn, a willingness on my ex’s part to drop all charges under the following conditions: An increase of $12,000 per year in child support; a $1 million life insurance policy payable to her on my death, and for me take responsibility for 100 percent of my son’s medical and education expenses.

Judge James White presided over the probable cause hearing. (Judge White was not aware of the financial offer that was made.) Judge White not only dismissed charges against me, he ruled in my favor and asked if I wanted my ex arrested. Trying to be the better person, I declined. I presumed that this matter was finished.

Two days later I was informed by my attorney that Mr. Harris decided that the Peachtree City Police Department, Judge Tinsley, and Judge White had it all wrong, and Harris offered me a choice. Go to anger management or he would have me arrested under three charges: Simple battery; disorderly conduct; and fighting words.

All of these charges are misdemeanors and Mr. Harris’s bullying to get me to accept would save me time and thousands of dollars in money. However, I couldn’t put my relationship with my son at risk and on principle give into an offer to pay up to appease my ex. It was made very clear to Mr. Harris that money was involved, but he said he didn’t care.

So, on April 29 (85 days after the domestic altercation) I was arrested. I ended up in the paper, and suffered all the indignities of a criminal being finger-printed and having a mug shot taken. I was told that I had to take my turn in the barrel and wait to be called for the trial.

In May I was informed that Mr. Harris would not try the case and that his newly appointed assistant Damon Sanderson would act as the prosecutor. That name may sound familiar, as Mr. Sanderson was the former partner of my ex’s lawyer, Mr. Thomas Cook (Cook, Lundy, Sanderson).

I ended up missing 14 days of work and incurred over $7000 in legal expenses. I almost lost my job. On July 16 (163 days after the domestic altercation) six good Fayette citizens found me innocent of all charges.

When my ex tried to get a temporary restraining order on me, a DeKalb County Superior Court judge by the name of Mike Hancock commented: “What’s going on in Fayette County. Is this some sort of political vendetta?”

Judge Hancock refused my ex’s request and dismissed the case on July 17.

Is Mr. Harris abusing his power as a state solicitor and shielding himself behind the state? I do not know.

However, I am confident that Mr. Harris viewed this as a political opportunity to score some points with Fayette citizens by wrapping the banner of “woman’s protector” around him. Mr. Harris knew that this ... had nothing to do with domestic violence. Mr. Harris serves only if the citizens of Fayette County want him in office. I do not think he deserves that trust.

I would encourage you all to watch who is contributing to Mr. Harris’s political campaign. Is there anyone else out there that has had a similar experience?

John A. Allen

Atlanta, Ga.

allenj@medimmune.com