Pubdate: Fri, 31 Oct 2008
Source: Atlanta Journal-Constitution (GA)
Copyright: 2008 The Atlanta Journal-Constitution
Contact: http://www.ajc.com/opinion/content/opinion/letters/sendletter.html
Website: http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Author: Bill Rankin, The Atlanta Journal-Constitution
Bookmark: http://www.mapinc.org/people/Tesler
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/find?246 (Policing - United States)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

PLEA IN BOTCHED RAID ENDS FEDS' CASE

Civil Rights Violated: Ex-Police Officer Could Be Imprisoned for 10 
Years As a Result of Elderly Woman's '06 Death, Cover-Up.

The federal investigation into the fatal shooting of 92-year-old 
Kathryn Johnston ended Thursday with the guilty plea of former 
Atlanta police Officer Arthur Bruce Tesler.

Against the advice of his lawyer, Tesler pleaded guilty to conspiring 
to violate civil rights, resulting in the Nov. 21, 2006, death of 
Johnston at her Neal Street home.

As part of a plea agreement, federal prosecutors will recommend a 
sentence of 10 years and one month in prison. Tesler, 42, is to be 
sentenced in February.

Johnston's killing shocked the nation. It also rocked the Atlanta 
police force with revelations that officers faked warrants to make drug cases.

"The killing of Kathryn Johnston by Atlanta police officers was a 
terrible and unnecessary tragedy," U.S. Attorney David Nahmias said. 
"We are glad that today's guilty plea brings another measure of 
justice to Ms. Johnston, her family and our community."

The case prompted a revamping of the narcotics squad and extensive 
training, Nahmias added.

The federal investigation is now over. The FBI will hand over a 
report to Atlanta police Chief Richard Pennington with 
recommendations that could lead to state prosecutions or 
administrative discipline of other officers, Nahmias said.

Greg Jones, FBI special agent in charge, said both he and Nahmias 
were pleased the federal probe did not uncover "systemic corruption" 
throughout the Atlanta Police Department.

Still, Jones said, he believed it was "inevitable" that misconduct by 
Atlanta narcotics officers taking illegal shortcuts to obtain 
warrants would result in a fatal shooting such as Johnston's.

The federal probe already resulted in the guilty pleas of Jason R. 
Smith and Gregg Junnier, two of Tesler's partners the night of 
Johnston's death. Both pleaded guilty to a state charge of voluntary 
manslaughter and federal civil rights charges. They have yet to be sentenced.

Tesler, who did not fire shots on the evening of Johnston's death, 
was stationed at the rear of the home when the shooting occurred.

The fatal incident started out as a planned arrest of a drug dealer, 
with officers believing a kilogram of cocaine was inside Johnston's home.

The officers lied to a judge, smashed in Johnston's door and unloaded 
39 shots at the elderly woman as she fired a shot at the invaders 
with an old revolver. One officer then handcuffed Johnston as she lay 
dying. Drugs were then planted in her basement.

In May, Tesler was convicted in Fulton County of lying in the 
investigation of the botched drug raid. He was sentenced to four 
years and six months in prison.

Nahmias said federal authorities did not believe Tesler's state 
punishment was adequate.

Tesler's plea almost didn't occur. Hours before the hearing, his 
lawyer, William McKenney, said his client had yet to make up his 
mind. At the plea hearing, Mc-Kenney disclosed he thought Tesler 
should have fought the charges at trial.

"But he's making a decision that's only his to make," the defense 
attorney told U.S. District Judge Julie Carnes.

When Assistant U.S. Attorney Jon-Peter Kelly read the "factual basis" 
of the case, Tesler waivered. Carnes then gave Tesler, wearing leg 
irons and an orange prison jumpsuit, time to read the prosecution's account.

For the next 10 minutes, Tesler sat at the defense table reviewing 
it. McKenney then gave the document back to prosecutors, who made 
minor changes and returned it to Tesler for his review.

Tesler, finally satisfied, agreed to the changes another 10 minutes 
later and entered his plea.

State Sen. Vincent Fort (D-Atlanta), who attended the plea, said the 
two years since Johnston's shooting have been "hellish" for the 
northwest Atlanta community. He called for a robustly funded citizen 
review board to investigate police misconduct and legislation 
outlawing no-knock warrants to protect both the public and the police.

"Hopefully, what happened today will be one step in a healing 
process, but we have a long way to go," Fort said. "Do I think 
something like this can happen again? Yes, I do." 
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MAP posted-by: Richard Lake