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Defense: Tesler Not Involved In Cover Up

POSTED: 12:30 pm EDT May 8, 2008
UPDATED: 12:59 pm EDT May 8, 2008

The officers in the case of the murder of 92-year old Kathryn Johnston spoke at a hearing on Thursday about the incident.

The two ex-Atlanta narcotics investigators, Gregg Junnier and Jason "J. R." Smith, told the FBI that small-time crack dealer Fabian Sheats pointed out 933 Neal Street as the place he'd seen a kilo of cocaine belonging to a dealer named "Sam."

It was that information they used to get a no-knock search warrant from a Fulton County magistrate.

One of the officers at the scene, Arthur Tesler, was assigned to the back door of the house while Junnier and Smith executed a no knock warrant.

As the officers rammed through the front door of the home, Johnston, the only occupant of the home, fired a single shot with a revolver, but no one was hit.

Junnier, Smith, and four other officers began shooting. Johnston was fatally hit several times.

No other occupants or drugs were found at the home.

After the shooting, Smith planted three bags of marijuana, which the officers had seized somewhere else earlier that day, in the basement of the house.

Tesler filed a false APD incident report stating that a purchase of crack had been made at Johnston’s home earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at the house.

Smith and Junnier pleaded guilty to a state charge of voluntary manslaughter and a federal charge of violating Johnston's constitutional rights.

Tesler was charged with making a false statement to an investigator, violating his oath of office and unlawful imprisonment.

He was the only officer involved with the raid who opted for a trial and faces a possible 15-year sentence.

Tesler's lawyer William McKenney said his client was in the back yard when the shooting took place and was not involved in the cover-up.

McKenney told jurors in his opening statement that they would hear evidence that Tesler was on the phone with his wife during that briefing, so he didn't hear the details Smith was providing about what was in the warrant, which included Tesler's name.


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