Pubdate: Mon, 23 Feb 2009 Source: Atlanta Journal-Constitution (GA) Copyright: 2009 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 EX-ATLANTA COPS GET PRISON FOR DRUG RAID KILLLING A federal judge on Tuesday handed down varying prison terms to three Atlanta police officers for their roles in the notorious 2006 drug raid that left an elderly woman dead and disgraced the department's narcotics unit. U.S. District Judge Julie Carnes sentenced former officer Gregg Junnier to six years in prison, Jason Smith to 10 years in prison and Arthur Tesler to five years in prison. Junnier, 42, and Tesler, 42, had faced recommended 10 years in prison under sentencing guidelines, while Smith, 36, faced 12 years and seven months. Defense attorneys asked Carnes to reduce sentences for Smith and Junnier in light of their eventual cooperation with authorities. Carnes said she cut Tesler's sentence to half the guideline amount because of his "minor role" in the botched drug raid. The judge noted that Tesler was the junior member of the narcotics squad and looked up to Junnier and Smith. "The truth of the matter is that he was the rookie and learned from them," Carnes said. Tesler's lawyer had sought a prison term of only two years but after the sentencing called the judge's decision "insightful." The officers will not be eligible for parole in the federal system. On Monday a parade of relatives, friends and pastors spoke on the officers' behalf at a sentencing hearing before Carnes. Friends of Johnston recalled the victim. The officers, wearing jail jumpsuits and leg irons, apologized for their actions. The trio of officers was involved in a Nov. 21, 2006, drug raid at the Neal Street home of 92-year-old Kathryn Johnston. She was killed by officers after they used a no-knock warrant obtained with falsified evidence to storm into her house in search of drugs an informant had inaccurately told them were inside. Apparently thinking the officers were robbers, Johnston fired a shot through the door. Officers responded with 39 shots, five or six of which struck her. The officers initially sought to cover up their actions in obtaining the warrant, but their story eventually unraveled. All three pleaded guilty to conspiring to violate Johnston's civil rights. Carnes said she hopes that if anything good comes from Johnston's death it will be "a renewed effort by the Atlanta Police Department to prevent something like this from ever happening again." She also said the "pressures brought to bear" by the department's performance quotas, calling for officers to get a certain number of warrants and arrests, "did have an impact on these and other officers on the force." "It is my fervent hope the APD will take to heart what has happened here," the judge said. At a press conference following the sentencing, U.S. Attorney David Nahmias called the sentences reasonable. The Johnston tragedy, he added, has led to two positive results. First, the Atlanta Police Department implemented new and extensive training procedures and completely revamped the narcotics unit, he said. "Second, the significant prison sentences imposed by the court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law," he said. The Rev. Markel Hutchins, who had led community critics in demanding reforms after the raid, said he was "not in any way displeased" with the sentences. He said the practice of falsifying affidavits to obtain illegal search warrants, revealed by the investigation into the raid, "a powder keg." "You just want to make sure that powder keg is not swept under the rug," Hutchins said. Hutchins said he called Sarah Dozier, the 76-year-old niece of Johsnton, to tell her of the sentences. "Hopefully it's finally going to be over," he said she replied. - --- MAP posted-by: Keith Brilhart