Attorney Richard Deane told Fulton County Superior Court Judge Jerry Baxter, his client former Atlanta Public Schools superintendent Dr. Beverly Hall, was admitted to the hospital on Saturday.
"She had a medical episode over the weekend and had to be admitted," said Deane.
Deane said Hall is battling Stage IV breast cancer. He's concerned about her ability to attend court and fight to clear her name.
"We're setting off on a voyage that could take a long time. I'm going to be on the ship, so I want everyone else to be on the ship at all times," said Baxter.
Hall and 12 other APS educators are moving forward with trials. Unlike the 21 educators charged in the cheating scandal, they did not enter guilty pleas and accept deals.
"If you were to look at what these people pled to, what you will see is the people who admitted to wrongdoing didn't plea to anything in the indictment," said Attorney Benjamin Davis. "All of these people who plead contend they were not racketeers. So why is the state still contending the 13 people who are left are racketeers?"
Davis represents former APS Executive Director Tamara Cotman. She was the first defendant in the scandal to go to trial. A jury found her not guilty of trying to influence a witness, but she still faces the racketeering charge.
Davis filed an appeal because Judge Baxter will not throw out that case.
"Our contention is that it violates the double jeopardy clause," said Davis.
Baxter said Davis' appeal is frivolous.
"I will ask and plead with the Court of Appeals to rule very swiftly on whether or not this is frivolous," said Baxter.
In court Tuesday, a Fulton County prosecutor told the remaining APS educators charged in the cheating scandal the jail time they could face if they are convicted.
The court is preparing for an unprecedented trial, 13 defendants all at once, and they all have separate attorneys.
Attorney Gerald Rigs represents one of them.
"We've all made motions to sever. It's the state and judge's decision not to sever, but if the case is together we'll fight it together," said Griggs.
One of the issues brought up in court Tuesday, is the cost. Judge Baxter asked the prosecutor how much has it cost so far.
She told him she doesn't think the state has spent over $1 million.
The prosecution has spent $60,000 to ship the actual test these educators are accused of erasing answers on back to Georgia.
The state is also building a warehouse to put them in.
"I think the tax payers are spending a lot of money for a frivolous case," said Davis.
This trial is expected to be costly and could last several months.
"At some point this has to end. This witch hunt has to end," said Davis. "I doubt very seriously the folks at the district attorney's office spend this kind of money to convict murders. They certainly shouldn't spend it to convict people who spent their whole life educating children."
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Monday, September 1 2014 11:00 PM EDT2014-09-02 03:00:16 GMT
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