Georgia AG’s case against training center protesters ‘political,’ judge rules

The protesters involved in this case have now been charged in two prosecutions by the attorney general, and two of them are also facing charges from the U.S. Attorney in Atlanta for their alleged involvement in throwing incendiary devices at the Cobb County office of a construction contractor that worked on the training center.

Credit: John Spink

Credit: John Spink

The three defendants, none of whom live in Georgia, were accused of trying to set fire to the Cobb office of Brasfield & Gorrie. In Carr’s case, they were each charged with two counts of criminal damage to property and one count of arson.

The 2022 incident occurred in the middle of a workday while employees were still inside the building, authorities said. The alleged arson attempt was apparently captured on surveillance footage and cellphone video taken by those inside.

“There’s absolutely nothing political about taking action to prosecute those who engage in violence and destruction — targeting innocent employees and businesses for simply doing a job,” the AG’s office said in a statement. “It’s not partisan. It’s about enforcing the law.”

Credit: John Spink

Credit: John Spink

Defense attorneys argued the timing of the case was suspect.

The three people charged in Cobb were previously part of Carr’s 61-defendant racketeering case that fell apart last year in Fulton County. A Fulton judge dismissed each of the RICO counts in that case, ruling Carr’s office needed permission from the governor before bringing the sprawling case. Carr’s office is also appealing that decision.

This time around, Carr got permission from Gov. Brian Kemp. In a letter dated Dec. 31, Kemp gave Carr his blessing and thanked the AG for his ongoing efforts to try those who used “criminal means” to halt the training center’s construction.

But Carr waited months before indicting the case, instead rolling out the charges in May, just before his losing bid to secure the Republican nomination for governor, defense attorney Joshua Schiffer argued.

“The judge very clearly recognized that the reason this was being prosecuted in this way was for political reasons,” Schiffer said. “Chris Carr had years to bring this case.”

Credit: Miguel Martinez/AJC

Credit: Miguel Martinez/AJC

Schiffer’s client, Katie Kloth, is one of two defendants who also face federal charges stemming from the same incident.

Flournoy granted a dismissal motion brought by defense attorney Xavier de Janon, who argued the lengthy delays in bringing the Cobb charges violated the trio’s due process rights.

The indictment was handed up just 19 days before the felony statute of limitations was set to expire, he said.

“The way that these cases have evolved, this being the third indictment of this same protest, shows political motivation,” said de Janon, who represents defendant Hannah Kass.

The case had been assigned to Superior Court Judge Sonja Brown, but she was absent Wednesday, and arguments were heard by Flournoy, attorneys confirmed to The Atlanta Journal-Constitution.

Defense attorneys had filed a speedy trial demand, and jury selection was set to begin Monday.

“We stand by the case we have presented, and we strongly disagree with taking it out of the hands of a jury just days before trial,” a spokesperson for the AG’s office said Thursday in an emailed statement. “We plan to file an immediate appeal to continue with our case, so the people of Georgia are able to hear the evidence and decide the outcome fairly and impartially.”