Cases could be thrown out within Fulton County Court System - CBS46 News


Cases could be thrown out within Fulton County Court System

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(Source: WGCL) (Source: WGCL)

There's a potential crisis for the Fulton County Court System, and a situation that could lead to cases being thrown out.

CBS46 has been searching through documents and found one high profile indictment that could be overturned.

We've been pouring over documents and calling attorneys all day, hoping to get someone to explain what went wrong. But what we do know is that the Georgia Supreme Court ruled against Fulton County in May for the way the county was choosing jurors.

And if allegations of illegal jury selections holds, the Grand Jury indictment of Tex McIver could be thrown out.

In a letter dated May 23, 2017, written to Fulton County Chief Judge Gail Tuson, Fulton County District Attorney Paul Howard admits there have been problems with the way jurors have been selected for trials.

In his letter, he tells Tuson that cases that were heard before June 19 could be reversed on the grounds that jurors were summoned from a list that was mismanaged and in violation of state rules.

We reached out to Howard, but were told he's attending a conference with other district attorney's from across the state.

One of the cases that we found already challenging the validity of the jury selection process is that of Atlanta attorney Tex McIver, indicted in May for the murder of his wife Diane.

In a motion filed in Fulton County Superior Court on June 2, McIver's attorney, Steve Maples, said, "the Grand Jury that indicted Mr. McIver was illegally selected from an unauthorized jury list compiled by a Canadian vendor in violation of Georgia Law."

Maples also said in the motion that "Grand Jurors names had been added by Fulton County and its vendor to the annual county master jury list provided by the Council of Superior Court Clerks."

"All grand jurors to be composed are those people that vote, those people that have a drivers license, people that are known in the community. It didn't do that, it went in and just deleted those names and added other names."

We've also learned that two weeks ago, two separate grand juries had to be re-seated in murder trials because of the issue. A judge is expected to rule on McIver's motion to quash his indictment in August.

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