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| Kathryn Johnston |
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Conviction overturned for cop in 92-year-old's killing
Atlanta Journal-Constitution
Thu January 15, 2009
Area: Atlanta
The Georgia Court of Appeals on Thursday reversed the conviction of Arthur Tesler, the former Atlanta police officer sentenced to prison for lying to FBI agents about the botched drug-raid killing of 92-year-old Kathryn Johnston.
Related Story: Elderly Atlantan Shot by Police - Informant Told by Police to Lie
The court said Fulton County prosecutors failed to prove an essential element of the crime - where it was committed.
"The state was obligated to prove that the FBI office was located in Fulton County," Chief Judge Yvette Miller wrote. "Its admitted failure requires us to reverse Tesler's conviction."
Tesler's lawyer, William McKenney, called the ruling "terrific news" and said he hopes it will help Tesler's sentencing next month in federal court.
District Attorney Paul Howard could not be reached Thursday for immediate comment.
After his May conviction in Fulton County, Tesler was sentenced to four years and six months in prison. He did not fire any shots the night of the November 2006 killing,
In October, Tesler pleaded guilty to federal civil rights charges for his role in the botched raid that shocked the nation and led to revelations that Atlanta cops were faking warrants to make drug cases. Tesler is to be sentenced in federal court Feb. 20.
McKenney called the ruling a "mixed blessing" because the court also found the evidence supported the jury's finding that Tesler lied to federal agents. "The end result is that it leaves the question of a retrial still open," he said.
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