Latest revision as of 07:41, 15 November 2023

Deputies put daughter in patrol vehicle until Mother vacated the home

On January 12, 2023, Fulton County Sheriff Deputies evicted a woman and children without a court order. The home was located in the Country Club of the South at 955 Tiverton Lane, Johns Creek, Fulton County, GA. The Sheriff's Deputies arrived at the home to evict former resident Derrick Jackson pursuant to a Writ of Possession (i.e., court order for eviction) entered by Fulton County Superior Court Judge, Melynee Leftridge on December 21, 2022. The court order did not have anyone else's name on it, not even the common catchall party "All Other Occupants." The order named Derrick Jackson and Derrick Jackson only as the defendant subject to the Writ of Possession.^[1] Mr. Jackson was not home when the Sheriffs arrived. Jackson's fiancé refused to leave the home without the Sheriff Deputies producing a court order with her name on it, so the Deputies proceeded to detain Jackson's daughter in a patrol vehicle until Jackson's fiancé finally came out of the house. A moving crew removed all personal items from the home, including the family safe, which they proceeded to break open and confiscate its contents. What would possess the Fulton County Sheriff's Deputies to take such constitutionally void action against a woman and children (whom they should otherwise be protecting)? To answer that question, perhaps events in the days leading up to January 12, 2023 will shed light on the sinister motives of both the Fulton County Sheriff's Department and Fulton County Judiciary.

The Usual Suspects: Fulton County Sheriffs and Judge Melynee Leftridge

Judge Melynee Leftridge

On December 28, 2022, Navigating Justice published an article entitled "Karma prevails and Recusal Motion ensues: Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds," which was moderately popular on two major social media platforms, Facebook and Instagram, garnering over 5,000 user engagements primarily from the Metro Atlanta area. The article explains how Fulton County Superior Court Judge, Melynee Leftridge, entered an order on December 21, 2022 releasing all money held in the Registry of the Court to a plaintiff despite the fact that ownership of over $40,000 of those funds is still left to be determined by the jury in that case.^[2] Judge Leftridge further ordered that the defendant, Derrick Jackson, be evicted immediately and required that Mr. Jackson pay an additional $30,000 into the Registry by December 31, 2022. However, Mr. Jackson (represented by Matthew D. McMaster, Esq.) had already deposited over $190,000 into the Court’s Registry before November of 2022 making it mathematically impossible for the plaintiff to be entitled to all money already in the Registry and for Jackson to owe an additional $30,000 in rent through December 31.^[3] The plaintiff in the case was represented by Hall Booth Smith, an Atlanta based law firm with at least one attorney on Judge Leftridge's donor list.^[4] That donor, R. David Ware who is the former County Attorney for Fulton, was previously married to Sharon W. Ware, a former employer of Judge Leftridge according to her resume posted on fulton.org. In light of the Judge's unconstitutional order and relationship with at least one attorney in the law firm representing the plaintiff in the case, counsel for Jackson filed a motion to recuse Judge Leftridge on December 28, 2022.

The SCORPION Unit

It is that same court order described above that the Fulton County Sheriff's Deputies claimed gave them the authority to remove all residents from 955 Tiverton Lane, which is completely erroneous and a violation of the remaining residents' Due Process rights under both the Georgia and U.S. Constitutions. Though a typical eviction is conducted by the Civil Processing Unit, that wasn't enough for Sheriff Pat Labat's team in this instance. Rather, the Sheriff's Deputies called the infamous SCORPION Unit for backup when Jackson's fiance refused to vacate the home. The Fulton County Sheriff's SCORPION Unit has been under fire as of late since the World watched recordings of the Memphis SCORPION unit beating Tyre Nichols to death in Tennessee. The NAACP has since put pressure on Sheriff Labat to disband Fulton County's SCORPION Unit completely. Ironically, in an article printed just weeks later in response to the NAACP's request, "Sheriff Labat said the main focus of the SCORPION Unit in Fulton County is repeat offenders in high-crime areas with warrants out for their arrest."^[5] We'd be hard pressed to buy into the notion that this alleged focus should include evicting a woman and children in the Country Club of the South without a court order. Perhaps Sheriff Labat holds broader, more creative definitions to the words "warrants" and "high-crime areas" than the rest of us.

Captain Leon Gates

Following the December 28, 2022 publication of the Karma prevails and Recusal Motion ensues article, but before January 12, 2023, Deputy Sheriff Captain Leon Gates "posted a comment about the above described article stating 'Ya'll will believe ANYTHING'. More exchanges took place on Facebook between counsel for [Derrick Jackson] and Leon Gates."^[6]

Leon Gates has been a public supporter of Melynee Leftridge Harris on Facebook, and the judge has publicly expressed her appreciation for Leon Gates's support, stating specifically: "Thank you so much Captain Gates! I appreciate your support a great deal!!!!"

The Sheriff's Deputies claimed that they had a court order allowing them to evict Derrick Jackson's fiancé and children, though one was never produced. At least one of the Sheriff’s Deputies told Jackson’s family member that they had "the judge's phone number."^[7]

In light of her personal relationship with Captain Leon Gates and the unconstitutional eviction of the residents at 955 Tiverton Lane, counsel for Derrick Jackson filed a second motion to recuse Judge Leftridge from that case.^[8] There are presently three motions for recusal pending against Judge Leftridge who has yet to voluntarily recuse herself from the case.^[9]

Where do we go from here?

Was this a mere misinterpretation of the law by the Fulton County Deputy Sheriffs? Recall the exchange of communications regarding the Karma prevails and Recusal Motion ensues article criticizing Judge Leftridge that took place between Derrick Jackson's attorney and DS Captain Leon Gates just days leading up to the unconstitutional eviction of Jackson's family. Regardless, Captain Gates should not feel comfortable flattering a judge with public innuendos such as stating she "Looks great in the robe [heart emoji]." It is fair to say at this point that Fulton County's law enforcement and judiciary are in need of new leadership. As the old adage goes: A fish rots from the head down.

By

If you are aware of similar problems in Georgia legal matters, send the details and documents here: https://navigatingjustice.org/reporting/
February 9, 2023

This article comes as a follow-up to the previously published Karma prevails and Recusal Motion ensues (December 28, 2022).

References

↑ Order for Writ of Possession; Jefferson v. Hartley, 81 Ga. 716, 9 S.E. 174 (Ga. 1889)("We, however, say, upon the general question of a right of action by one turned out of possession who is not named in the writ nor within its legal operation, the right certainly exists. If the sheriff, in endeavoring to execute a writ of possession, expels from the premises any such person, the person expelled would have a cause of action.")
↑ Motion to Vacate Order Releasing Funds
↑ Motion to Vacate Order Releasing Funds
↑ Campaign Contribution Disclosure Report, June 30, 2020 (R. David Ware, Hall Booth Smith)
↑ Georgia NAACP demands Fulton County disband SCORPION Unit
↑ Second Motion For Recusal
↑ Second Motion For Recusal
↑ Second Motion For Recusal
↑ Motion For Recusal; Second Motion For Recusal; Third Motion For Recusal

[1] Order for Writ of Possession; Jefferson v. Hartley, 81 Ga. 716, 9 S.E. 174 (Ga. 1889)("We, however, say, upon the general question of a right of action by one turned out of possession who is not named in the writ nor within its legal operation, the right certainly exists. If the sheriff, in endeavoring to execute a writ of possession, expels from the premises any such person, the person expelled would have a cause of action.")

[2] Motion to Vacate Order Releasing Funds

[3] Motion to Vacate Order Releasing Funds

[4] Campaign Contribution Disclosure Report, June 30, 2020 (R. David Ware, Hall Booth Smith)

[5] Georgia NAACP demands Fulton County disband SCORPION Unit

[6] Second Motion For Recusal

[7] Second Motion For Recusal

[8] Second Motion For Recusal

[9] Motion For Recusal; Second Motion For Recusal; Third Motion For Recusal

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

@@ Line 2: / Line 2: @@
 |title=Fulton Sheriff wrongfully evicts Mother and children
 |description=Fulton County Sheriff Deputies wrongfully evict mother and children from home in Country Club of the South without a court order
-|keywords=Fulton County corruption, Country Club of the South, Fulton County Superior Court, Melynee Leftridge, Judge Melynee Leftridge, Melynee Leftridge Harris, Judge Leftridge, Judge Melynee Leftridge Harris, Leon Gates, Captain Leon Gates, Fulton County, Sheriff office, Pat Labat, Patrick Labat, wikilaw
+|keywords=Fulton County corruption, Country Club of the South, Fulton County Superior Court, Melynee Leftridge, Judge Melynee Leftridge, Melynee Leftridge Harris, Judge Leftridge, Judge Melynee Leftridge Harris, Leon Gates, Captain Leon Gates, Fulton County, Sheriff office, Pat Labat, Patrick Labat, 955 Tiverton Lane, 955 Tiverton Ln., wikilaw
 }}
-[[File:Kemp Barnes Flournoy.png|left|200px|Both Governor Brian Kemp (top-left) and former governor Roy Barnes (top-right) appointed Robert E. Flournoy, III (bottom) to the Superior Court bench during their tenures]]
+[[File:Crime Scene.png|left|200px|Judge Melynee Leftridge (top-left), Fulton County Deputy Sheriff Captain Leon Gates (top-right), (bottom) property of occupants thrown on the street of Country Club of the South]]
 =Deputies put daughter in patrol vehicle until Mother vacated the home=
-The Honorable Robert E. Flournoy, III,  was appointed to the Cobb County Superior Court bench by Georgia Governor [https://en.wikipedia.org/wiki/Roy_Barnes Roy E. Barnes] on July 14, 2000 and was elected without opposition in 2002, 2006, 2010, 2014 and 2018. He was named "Cobb County Judge of the Year" in 2005 and was the recipient of the "Jimmy Berry Champion of Justice Award" in 2015. Judge Flournoy retired on '''December 31, 2022''' and has since been appointed as a “Senior Judge” of the Superior Courts of Georgia by Governor Brian Kemp. This appointment is of course not without controversy. Under Georgia law, "Senior judge status . . . shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge." ''See'' [https://law.justia.com/codes/georgia/2021/title-15/chapter-1/section-15-1-9-2/ O.C.G.A. 15-1-9.2]. According to Open Records, Judge Flournoy sent his application for Senior Judge status to Governor Brian Kemp's office on '''October 24, 2022'''.<ref>[https://thewikilaw.org/wiki/images/3/3d/Flournoy%2C_Robert_-_Request_-_Cobb_Judicial_Circuit_-_10.24.22.pdf Judge Robert E. Flournoy, III Request For Appointment as Senior Judge]</ref> However, the statute requires an application by a qualified "former" judge and not a judge still presiding during his or her final elected term. That being said, there exists a potential procedural blemish in the initiation of Flournoy's application. Despite this timing issue, Governor Kemp granted Flournoy’s request appointing him as a senior judge on January 4, 2023. Procedural snafu aside, why else might Judge Flournoy lack qualification for senior judge status? To answer that question, perhaps we should understand more about Flournoy’s suspect decisions during his tenure on the bench.
+On January 12, 2023, Fulton County Sheriff Deputies evicted a woman and children without a court order. The home was located in the Country Club of the South at 955 Tiverton Lane, Johns Creek, Fulton County, GA. The Sheriff's Deputies arrived at the home to evict former resident Derrick Jackson pursuant to a Writ of Possession (i.e., court order for eviction) entered by Fulton County Superior Court Judge, [https://www.fultoncourt.org/judge/judge-melynee-leftridge Melynee Leftridge] on December 21, 2022. The court order did not have anyone else's name on it, not even the common catchall party "All Other Occupants." The order named Derrick Jackson and Derrick Jackson ''only'' as the defendant subject to the Writ of Possession.<ref>[https://thewikilaw.org/wiki/images/c/c9/Order_For_Writ_2022CV365529.pdf Order for Writ of Possession]; ''Jefferson v. Hartley'', 81 Ga. 716, 9 S.E. 174 (Ga. 1889)("We, however, say, upon the general question of a right of action by one turned out of possession who is not named in the writ nor within its legal operation, the right certainly exists. If the sheriff, in endeavoring to execute a writ of possession, expels from the premises any such person, the person expelled would have a cause of action.")</ref> Mr. Jackson was not home when the Sheriffs arrived. Jackson's fiancé refused to leave the home without the Sheriff Deputies producing a court order with her name on it, so the Deputies proceeded to detain Jackson's daughter in a patrol vehicle until Jackson's fiancé finally came out of the house. A moving crew removed all personal items from the home, including the family safe, which they proceeded to break open and confiscate its contents. What would possess the Fulton County Sheriff's Deputies to take such constitutionally void action against a woman and children (whom they should otherwise be protecting)? To answer that question, perhaps events in the days leading up to January 12, 2023 will shed light on the sinister motives of both the Fulton County Sheriff's Department and Fulton County Judiciary.
 <br>
-==The Fictitious Court Order==
+==The Usual Suspects: Fulton County Sheriffs and Judge Melynee Leftridge==
+===Judge Melynee Leftridge===
+[[File:Leftridge.jpg|left|200px|Judge Melynee Leftridge]]
-==The Usual Suspects: Captain Leon Gates and Judge Melynee Leftridge==
+On December 28, 2022, Navigating Justice published an article entitled "[[Karma prevails and Recusal Motion ensues]]: ''Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds''," which was moderately popular on two major social media platforms, Facebook and Instagram, garnering over 5,000 user engagements primarily from the Metro Atlanta area. The article explains how Fulton County Superior Court Judge, Melynee Leftridge, entered an order on December 21, 2022 releasing all money held in the Registry of the Court to a plaintiff despite the fact that ownership of over $40,000 of those funds is still left to be determined by the jury in that case.<ref>[https://thewikilaw.org/wiki/images/3/36/Motion_to_Vacate_12-22-2022.pdf Motion to Vacate Order Releasing Funds]</ref> Judge Leftridge further ordered that the defendant, Derrick Jackson, be evicted immediately and required that Mr. Jackson pay an additional $30,000 into the Registry by December 31, 2022. However, Mr. Jackson (represented by [[Matthew D. McMaster, Esq.]]) had already deposited over $190,000 into the Court’s Registry before November of 2022 making it mathematically impossible for the plaintiff to be entitled to all money already in the Registry and for Jackson to owe an additional $30,000 in rent through December 31.<ref>[https://thewikilaw.org/wiki/images/3/36/Motion_to_Vacate_12-22-2022.pdf Motion to Vacate Order Releasing Funds]</ref> The plaintiff in the case was represented by Hall Booth Smith, an Atlanta based law firm with at least one attorney on Judge Leftridge's donor list.<ref>[https://media.ethics.ga.gov/search/Campaign/Campaign_ByContributions_RFR.aspx?NameID=16478&FilerID=C2020000293&CDRID=156866&Name=Leftridge,%20Melynee%20&Year=2020&Report=June%2030th%20-%20Election%20Year Campaign Contribution Disclosure Report, June 30, 2020 (R. David Ware, Hall Booth Smith)]</ref> That donor, R. David Ware who is the former County Attorney for Fulton, was previously married to Sharon W. Ware, a former employer of Judge Leftridge according to her resume posted on [https://www.fultoncourt.org/judge/judge-melynee-leftridge fulton.org]. In light of the Judge's unconstitutional order and relationship with at least one attorney in the law firm representing the plaintiff in the case, counsel for Jackson filed a motion to recuse Judge Leftridge on December 28, 2022.
-One of Flournoy's most notorious rulings came in 2011 in what may very well be the largest white-collar scandal in Cobb County history. According to an AJC article authored by Margaret Newkirk, Judge Flournoy threw out a 31-count racketeering and theft indictment against former Cobb EMC CEO, Dwight Brown.<ref>[https://www.ajc.com/news/local/judge-throws-out-cobb-emc-indictment-citing-courtroom-accessibility/dEdeHrvTkoBAAnS10xiEQI/ Margaret Newkirk, Judge throws out Cobb EMC indictment, citing courtroom accessibility]</ref> Brown at the time was represented by Barnes Law Group, founded by former governor Roy Barnes who appointed Flournoy to the Cobb County Superior Court bench in 2000. Flournoy based his ruling on testimony that the indictment was not returned in a place open to the public as required under Georgia law.<ref>See Sampson v. State, 124 Ga. 776 (1906); Sellars v. State, 113 Ga.App. 510 (1966).</ref>
 <br>
+===The SCORPION Unit===
-Flournoy's decision was upheld on appeal by the Supreme Court of Georgia<ref>State v. Brown, 293 Ga. 493, 748 S.E.2d 376 (Ga. 2013)</ref> based on the testimony of another Cobb County Superior Court Judge, George H. Kreeger, and the following three witnesses with close ties to both Judge Flournoy and former governor Barnes:
+[[File:Scorpion.jpg|left|200px|Sheriff Pat Labat. Credit: Ben Hendren]]
-* Tyler Browning, Judge Flournoy's first staff attorney, latest campaign chairman and son of longtime friend Tom Browning
+It is that same court order described above that the Fulton County Sheriff's Deputies claimed gave them the authority to remove all residents from 955 Tiverton Lane, which is completely erroneous and a violation of the remaining residents' Due Process rights under both the Georgia and U.S. Constitutions. Though a typical eviction is conducted by the '''Civil Processing Unit''', that wasn't enough for Sheriff [https://www.fultoncountyga.gov/inside-fulton-county/fulton-county-departments/sheriff/about-us/sheriff-patrick-labat Pat Labat's team] in this instance. Rather, the Sheriff's Deputies called the infamous SCORPION Unit for backup when Jackson's fiance refused to vacate the home. The Fulton County Sheriff's SCORPION Unit has been under fire as of late since the World watched recordings of the Memphis SCORPION unit beating Tyre Nichols to death in Tennessee. The NAACP has since put pressure on Sheriff Labat to disband Fulton County's SCORPION Unit completely. Ironically, in an article printed just weeks later in response to the NAACP's request, "Sheriff Labat said the main focus of the SCORPION Unit in Fulton County is repeat offenders in high-crime areas with warrants out for their arrest."<ref>[https://www.atlantanewsfirst.com/2023/02/02/georgia-naacp-demands-fulton-county-sheriffs-office-disband-scorpion-unit/ Georgia NAACP demands Fulton County disband SCORPION Unit]</ref> We'd be hard pressed to buy into the notion that this alleged ''focus'' should include evicting a woman and children in the Country Club of the South without a court order. Perhaps Sheriff Labat holds broader, more creative definitions to the words "warrants" and "high-crime areas" than the rest of us.
-* John Salter, Barnes Law Group attorney and son-in-law to Roy Barnes
-* Cameron Tribble, Barnes Law Group attorney and attorney for former Cobb EMC CEO, Dwight Brown
-Despite his personal relationships with Roy Barnes and Tyler Browning, Flournoy did not recuse himself from that case. Judge Flournoy, Judge Kreeger and Tom Browning would years later collectively play a much more sinister roll in enabling a situation of potential child grooming which could in turn lead to [https://thewikilaw.org/wiki/index.php?title=The_Lion%27s_Den human trafficking].<ref>[https://thewikilaw.org/wiki/images/a/af/Borders.PDF Affidavit of Stephanie Borders]</ref><ref>[https://thewikilaw.org/wiki/images/5/53/Fernando.pdf Affidavit of Fernando Zapien Ramirez]</ref> That case is better known as [The Lion's Den].
 <br>
-==The Lion’s Den==
+===Captain Leon Gates===
-A dangerous loophole exists in the “new” Equitable Caregiver Act, which was enacted in 2019. This was most notably made known in 2021 when a combination of judges and attorneys, including Judge Flournoy, Judge Kreeger and attorney Tom Browning, enabled the placement of a 15-year-old girl (now 17) into the home of a 42-year-old unmarried man, not blood related to her and who had a history of [https://thewikilaw.org/wiki/images/1/1b/Cobb_Superior_21101795_Affidavit_Redacted.pdf abusing the mother]. Here is an excerpt from the [[The Lion's Den]] article published on the [https://mcmasterforcobb.com/why-matt mcmasterforcobb.com] website:
+[[File:Leon Gates.png|left|128px|Fulton County Deputy Sheriff Captain Leon Gates]]
-<br>
-<blockquote>
+Following the December 28, 2022 publication of the [[Karma prevails and Recusal Motion ensues]] article, but before January 12, 2023, Deputy Sheriff Captain Leon Gates "posted a comment about the above described article stating 'Ya'll will believe ANYTHING'. More exchanges took place on Facebook between counsel for [Derrick Jackson] and Leon Gates."<ref>[https://thewikilaw.org/wiki/images/3/39/Second_Motion_for_Recusal.pdf Second Motion For Recusal]</ref>
-Since that April 15, 2021 hearing, Father has not been able to communicate with his only daughter while she has been in the custody of the 42 year-old-man. Because this young lady is now 16 years old, if our worst fears materialize into reality, this man cannot be prosecuted for statutory rape under Georgia law. See [https://law.justia.com/codes/georgia/2021/title-16/chapter-6/section-16-6-3/ O.C.G.A. § 16-6-3]. No, this man did not adopt her; and no, there was no emergency warranting such a placement of this child. He is merely one of at least five (5) ex-boyfriends that the Mother has had over a period of eight (8) years, with one major caveat: he was represented by Judge Flournoy's  former attorney [Tom Browning] who helped Judge Flournoy gain custody of his grandson in 2010 and also happened to be Judge Flournoy's election campaign Treasurer since 2016. I later learned that this is Judge Flournoy's lame duck term, meaning he is not running for re-election in 2022.  Here is an [https://thewikilaw.org/wiki/images/1/1b/Cobb_Superior_21101795_Affidavit_Redacted.pdf Affidavit of the child's Aunt] which shows how dangerous this man and the circumstances enabled by Judge Flournoy truly are.<ref>[https://mcmasterforcobb.com/why-matt mcmasterforcobb.com]</ref>
+[[File:Anything LG.jpg|center|300px|Fulton County Deputy Sheriff Captain Leon Gates]]
-</blockquote>
+[[File:Delusional LG.jpg|center|300px|Fulton County Deputy Sheriff Captain Leon Gates]]
-<br>
-The Georgia General Assembly identifies certain situations that leave some individuals vulnerable to the will and desires of others (e.g., school teachers, psychiatrists, law enforcement, etc.), and it is clear that Georgia sexual assault laws are created for the very purpose of deterring the exploitation of vulnerable individuals.<ref>Improper Sexual Contact – [https://law.justia.com/codes/georgia/2021/title-16/chapter-6/section-16-6-5-1/ O.C.G.A. § 16-6-5.1]
-Georgia’s improper sexual contact law protects not only minors above the age of 16, but people in vulnerable situations from sexual contact and sexually explicit conduct by the following individuals:
-<br>•	Foster parent;
-<br>•	Person in a position of trust;
-<br>•	Employee or agent of a school where the person is enrolled as a student;
-<br>•	Employee or agent of the office or court where the person is under probation, parole, a program or within a facility as a condition of probation or parole;
-<br>•	Employee or agent of any law enforcement agency detaining the person;
-<br>•	Employee or agent of a hospital in which the person is a patient;
-<br>•	Employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services that the person is in the custody of;
-<br>•	Employee or agent providing psychotherapy treatment or counseling to the person; and
-<br>•	Employee or agent of a sensitive care facility where the person is admitted.</ref> These laws do not require any proof of violence, abuse, or other improper conduct for their application and prosecution—only that the relationship exists.
-<br>
-<br>
-"Georgia’s statutory rape law does not provide a deterrent for a 43-year-old court ordered male custodian of a non-blood-related 16-year-old girl from developing a romantic relationship with that girl while in his custody," McMaster explained. "That is what's so dangerous about what Flournoy and Kreeger did in '[[The Lion's Den]]' case."
-<br>
-[[File:LionDen.jpeg|Left|200px|The Lion's Den]]
-<br>
-==Circumventing the Jury in Favor of Teacher Who Slept With 17-year-old High School Student==
-In 2009, Christian Boone of The Atlanta Journal-Constitution (AJC) authored an article entitled ''It’s gross, but it ain’t illegal: Judge says teacher not guilty for having sex with student.''<ref>[https://www.ajc.com/news/local/gross-but-ain-illegal-judge-says-teacher-not-guilty-for-having-sex-with-student/Uob206vfJYQuOOtNcpID7K/ Christian Boone, Atlanta Journal-Constitution (AJC), ''It’s gross, but it ain’t illegal: Judge says teacher not guilty for having sex with student'' (2009)].</ref> The article discusses how Judge Flournoy issued a directed verdict to bypass the jury in a case against a 36-year-old Marietta High School teacher who admitted to having a sexual relationship with a 17-year-old student. "It's gross, it's awful, but it ain't illegal," said Flournoy according to the article. "This was a consensual relationship."<ref>[https://www.ajc.com/news/local/gross-but-ain-illegal-judge-says-teacher-not-guilty-for-having-sex-with-student/Uob206vfJYQuOOtNcpID7K/ Christian Boone, Atlanta Journal-Constitution (AJC), ''It’s gross, but it ain’t illegal: Judge says teacher not guilty for having sex with student'' (2009)].</ref> The prosecutor in the case, Maurice Brown, argued that the teacher used his position to take advantage of a romantically naive teenager. "He led her to believe he was in love with her . . . . He led her to believe she was in love with him."<ref>[https://www.ajc.com/news/local/gross-but-ain-illegal-judge-says-teacher-not-guilty-for-having-sex-with-student/Uob206vfJYQuOOtNcpID7K/ Christian Boone, Atlanta Journal-Constitution (AJC), ''It’s gross, but it ain’t illegal: Judge says teacher not guilty for having sex with student'' (2009)].</ref> For the previously published [[Child endangering Cobb County judge prepares for senior judgeship]] article (January 3, 2023), Navigating Justice consulted with Marietta Attorney, Matt McMaster regarding the shortcomings of Georgia's child protective laws, past, present and future, and here was his breakdown:
-<br>
-<br>
-At the time that the ''It’s gross, but it ain’t illegal'' article was printed in 2009, [https://law.justia.com/codes/georgia/2006/16/16-6-5.1.html O.C.G.A. § 16-6-5.1(b)-(c)] read in relevant part:
-<blockquote>
-(b) A . . . custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is enrolled in a school . . . and such actor has supervisory or disciplinary authority over such other person.
 <br>
-(c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: (A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution.
+Leon Gates has been a public supporter of '''Melynee Leftridge Harris''' on Facebook, and the judge has publicly expressed her appreciation for Leon Gates's support, stating specifically: "Thank you so much Captain Gates! I appreciate your support a great deal!!!!"
 <br>
-(2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person.
+[[File:Leftridge FB.png|center|300px|Fulton County Deputy Sheriff Captain Leon Gates]]
 <br>
-(3) Consent of the victim shall not be a defense to a prosecution under this subsection.
+The Sheriff's Deputies claimed that they had a court order allowing them to evict Derrick Jackson's fiancé and children, though one was never produced. At least one of the Sheriff’s Deputies told Jackson’s family member that they had "the judge's phone number."<ref>[https://thewikilaw.org/wiki/images/3/39/Second_Motion_for_Recusal.pdf Second Motion For Recusal]</ref>
-. . . .
-</blockquote>
-As is apparent, the use of the term “subsection” restricted (c)(3) to apply only to subsection (c) of [https://law.justia.com/codes/georgia/2010/title-16/chapter-6/16-6-5-1/ O.C.G.A. § 16-6-5.1]. Had the term “Code section” been used in place of “subsection,” the former Marietta High School teacher, Mr. Christopher King, would have undoubtedly been found guilty in that case. The Georgia Legislature re-wrote [https://law.justia.com/codes/georgia/2010/title-16/chapter-6/16-6-5-1/ O.C.G.A. § 16-6-5.1 the following year (2010)] closing the loophole by adding subsection (e), which reads: “Consent of the victim shall not be a defense to a prosecution under this Code section.”
 <br>
 <br>
-McMaster continued, “My primary concern with what Judge Flournoy did in that 2009 case is his use of a ‘directed verdict’ to take the decision away from the jury. Why would you do such a thing when we are dealing with kids’ lives? Flournoy should have left it with the jury to decide whether the teacher used his position to take advantage of a romantically naive high school student such that it was not true consent."
+In light of her personal relationship with Captain Leon Gates and the unconstitutional eviction of the residents at 955 Tiverton Lane, counsel for Derrick Jackson filed a second motion to recuse Judge Leftridge from that case.<ref>[https://thewikilaw.org/wiki/images/3/39/Second_Motion_for_Recusal.pdf Second Motion For Recusal]</ref> There are presently three motions for recusal pending against Judge Leftridge who has yet to voluntarily recuse herself from the case.<ref>[https://thewikilaw.org/wiki/images/a/a2/Motion_for_Recusal_Leftridge.pdf Motion For Recusal]; [https://thewikilaw.org/wiki/images/3/39/Second_Motion_for_Recusal.pdf Second Motion For Recusal]; [https://thewikilaw.org/wiki/images/6/63/Third_Motion_for_Recusal.pdf Third Motion For Recusal]</ref>
 <br>
-==No Help On the Horizon==
+=Where do we go from here?=
-In the face of his notoriety, the Judicial Qualifications Commission (JQC)<ref>''The Judicial Qualifications Commission was created by Constitutional Amendment in 1972, then reconstituted by Constitutional Amendment in 2016, to conduct investigations and hearings with respect to complaints of ethical misconduct by Georgia judges. The Commission is also authorized to issue Advisory Opinions regarding judicial misconduct.'' Read more at [https://gajqc.gov/ gajqc.gov].</ref> has not yet shown itself as attempting to deter Flournoy. “The reality is if our judges respected the JQC, we wouldn’t have so many problems with our judiciary,” said McMaster, who has publicly been one of Cobb Judiciary's biggest critics as of late. “[Flournoy’s] decisions and influence have already enabled dangerous situations and there is no reasonable expectation that he will change his philosophy or habits once he is a senior judge. Senior judges are responsible for handling sensitive matters such as temporary restraining orders for stalking and abuse and emergency matters related to child custody. Flournoy has a reputation of succumbing to his ego, deferring his judgment to his friends, and not impartially considering the facts of a case. We can't have this with our senior judges.”<ref>[https://thewikilaw.org/wiki/index.php?title=Child_endangering_Cobb_County_judge_prepares_for_senior_judgeship Deborah Beacham, Navigating Justice, ''Child endangering Cobb County judge prepares for senior judgeship'' (January 3, 2023)]</ref>
+Was this a mere misinterpretation of the law by the Fulton County Deputy Sheriffs? Recall the exchange of communications regarding the [[Karma prevails and Recusal Motion ensues]] article criticizing Judge Leftridge that took place between Derrick Jackson's attorney and DS Captain Leon Gates just days leading up to the unconstitutional eviction of Jackson's family. Regardless, Captain Gates should not feel comfortable flattering a judge with public innuendos such as stating she "Looks great in the robe [heart emoji]." It is fair to say at this point that Fulton County's law enforcement and judiciary are in need of new leadership. As the old adage goes: ''A fish rots from the head down.''
-<br>
-<br>
-On January 10, 2023, Navigating Justice sent a request for comment to the JQC regarding McMaster’s criticism above. However, the recent Director of the JQC, Chuck Boring, resigned on or about January 17, 2023 and Interim Director Courtney Veal declined to provide a material response to inquiries as shown in her letter dated January 24, 2023, a copy of which is available [https://thewikilaw.org/wiki/images/7/71/JQC_Response.pdf here].
-<br>
-=The Verdict=
-Did Governor Kemp have a choice? Recall that the applicable law states: "The Governor shall appoint each qualified applicant as a senior judge." All things considered, the pivotal issue is whether or not Flournoy was a "qualified applicant" at the time of his appointment. While reasonable minds may differ, there is strong argument to say that Judge Flournoy was not a qualified applicant and that Governor Kemp made an honest mistake in appointing Flournoy as a senior judge.
-<br>
-<br>
-On January 28, 2023, Navigating Justice sent a request for comment to the Office of the Governor, Brian P. Kemp, regarding Judge Flournoy's recent appointment. No response from the Governor's Office has yet been provided. The residual question remains: '''How will Governor Kemp address his error? Time will tell...'''
-<br>
-<br>
-''"The first step in solving any problem is acknowledging that the problem exists."''
-<br>
-- [[Matthew D. McMaster, Esq.]]
-<br>
-January 2022 (citing ''Unknown'')
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@@ Line 102: / Line 47: @@
 If you are aware of similar problems in Georgia legal matters, send the details and documents here: https://navigatingjustice.org/reporting/
 <br>
-February 2, 2023
+February 9, 2023
 <br>
 <br>
-This article comes as a follow-up to the previously published [[Child endangering Cobb County judge prepares for senior judgeship]] (January 3, 2023).
+This article comes as a follow-up to the previously published [[Karma prevails and Recusal Motion ensues]] (December 28, 2022).
+==See also==
+*Part 1: [[Karma prevails and Recusal Motion ensues]]
+*Part 2: Fulton Sheriff wrongfully evicts Mother and children
+*Part 3: [[Georgia Ethics Code Does Not Apply To Fulton Judges]]
+*Part 4: [[Cobb County judge sets the record straight in Fulton, or is it all a facade?]]
+*Part 5: [[Fulton Judiciary Weaponizes Project ORCA]]
-==References==
+=References=
 <references/>

Difference between revisions of "Fulton Sheriff wrongfully evicts Mother and children"

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