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Still No Verdict In Arthur Tesler Trial

Judge Refuses Two Defense Mistrial Requests

POSTED: 6:02 am EDT May 16, 2008
UPDATED: 11:49 am EDT May 16, 2008

A jury in Atlanta continued deliberating Friday in the trial of former Atlanta police officer Arthur Tesler, who is accused in a botched drug raid in which a 92-year-old woman was shot to death.

Tesler is charged with lying in an official investigation, violating his oath as an officer and false imprisonment. He could face up to 15 years in prison.

Johnston was shot 39 times as plainclothes narcotics officers broke into her house using a "no-knock" warrant. Johnston fired one shot from a pistol as police were breaking down her door, but she did not hit any of the officers.

Friday, William McKenney, Tesler's attorney, asked for a mistrial.

McKenney was unhappy with the way Judge Michael Johnson answered the jury's question late Thursday, about how to decide on the violation of oath charge against the former narcotics detective.

Johnson refused to declare a mistrial, but he did do something highly unusual. He brought in the jury to ask them'some questions.

"Is there any confusion as to your understanding of any of the charges in the indictment? Second question, is there any confusion as to any instructions that the court gave in any of the charges in the indictment?" Johnson asked.

"I do believe there is still confusion,” answered the jury foreman.

The foreman said some members of the jury believe the actual execution of the warrant on Kathryn Johnston's home is the only thing they should consider in the violation of oath charges.

The foreman said other jurors believe they should consider Tesler's admitted lie after the raid, as they deliberate the violation of oath charge.

This time, the judge's instruction scored points for the defense.

"As to count one, you must find beyond a reasonable doubt that there was a violation of oath by a public officer as a result of the defendant unlawfully and intentionally executing a search warrant at 933 Neal Street, knowing that the information provided to the magistrate was false," Johnson said.

After that exchange, the jury requested to look at some notes a FBI agent took, when Tesler was still covering up what he'd learned.

The judge allowed it, so the defense asked for a mistrial again, which the judge denied.

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