Crooked cop gets off lightly

A Fulton County jury acquitted an Atlanta police on two charges but found him guilty Tuesday of lying to investigators about a botched drug raid that led to the fatal shooting of a 92-year-old woman. The verdict came after the jury deliberated for three days and spent hours reviewing a transcript of Detective Arthur Bruce Tesler's testimony in his own defense.

Tesler, 42, faces up to five years in prison, with sentencing set for Thursday. He was the only officer to face a jury on charges related to an illegal search warrant that led to the death of Kathryn Johnston in a case that drew national attention.
State Sen. Vincent Fort struggled to contain his anger that Tesler had escaped conviction on two of the charges. "He is just as responsible for what happened to Mrs. Johnston as the other two officers [who participated in the raid]," said Fort. "No matter how much time he spends in jail, he will have to live with himself."

Tesler was charged with violating his oath of office, lying in an official investigation and falsely imprisoning Johnston, who was shot in her home after she fired a revolver at plainclothes officers as they burst into the house on Nov. 21, 2006.

The jury acquitted him of the violation of oath and false imprisonment charges. He could have faced 20 years in prison if convicted of all charges. Defense lawyer William McKenney acknowledged that the jury would have had trouble acquitting his client of lying in an official investigation.

Tesler had testified that he participated in the coverup of the illegal warrant because he feared for his safety from his partners and he feared being labeled a "rat" if he informed on them. "We admitted he did not tell the truth to the FBI," McKenney said. "The issue was whether they felt he was coerced into making a false statement."

Tesler's two partners, Gregg Junnier and Jason R. Smith, who were charged with murder in the case, pleaded guilty to voluntary manslaughter. Tesler, stationed at the rear of the house, fired no shots. Smith and Junnier both fired their weapons.

Tesler, 42, has contended he did not know that Smith lied to a judge to get a no-knock search warrant for a house at 933 Neal Street. The detectives said they had been told a kilo of cocaine was hidden in the house. Instead, Smith planted drugs in the house after the officers killed Johnston, according to testimony.

There appeared to be a heavy police presence in the neighborhood Tuesday evening. Atlanta Police Chief Richard Pennington said Tuesday his force was prepared for any outbreak of "civil unrest" — backlash if the Tesler verdict was not received well in the community. The 2006 killing shocked metro Atlanta and enraged many in the African-American community, who complained that shoddy or heavy-handed police work in the war on drugs was a source of repeated abuses.

Pennington responded to the verdict at news conference announcing the results of the new narcotics unit's first major operation since it was disbanded and rebuilt after the Johnston shooting. "I think the jury has spoken," Pennington said. "He [Tesler] has been given an opportunity to go before his peers, in terms of a trial by jury." Fulton County District Attorney Paul Howard said, "One of the things we hope that people in the community realize is that it doesn't make a difference if you commit a crime in Fulton County whether you are a police officer or a citizen, you will be held accountable."

Neal Street residents near Johnston's house expressed outrage at the verdict. "There's a lot of people down here who have lost their respect for the police," said Marie Thomas, 36. "This verdict is a slap in the face. If they're going to get away with it this time, they'll do it again."

But the Rev. Markel Hutchins, a spokesman for Johnston's family, said Atlanta has a different police department because of the case. He contended no-knock warrants aren't being issued so easily and that supervisors are being scrutinized to ensure they followed policies. He said conviction of Tesler on the single charge is a partial victory for justice, but that superiors of the three officers should have also been held accountable. Hutchins noted testimony in the trial from Junnier, Tesler's partner, that the head of the narcotics division adopted a see-no-evil, hear-no-evil approach to supervision. "We will continue to push for criminal prosecution for those who turn their heads," he said. "We certainly hope that this is not over."

Source: Strange Justice