FILED - RM GLYNN CO. CLERK‘S OFFICE Filed 10/15/2020 9:10 AM Accepted 10/15/2020 9:38 AM CASE # CR-2000433

24-": W! IN THE SUPERIOR COURT GLYNN COUNTY KMCLERK SUPERIOR COURT STATE OF GEORGIA

STATE OF GEORGIA § § § v. § Case N0.: CR-2000433 § WILLIAM RODERICK BRYAN, § § Defendant. §

ORDER DENYING DEFENDANT’S MOTION TO ENJOIN BRUNSWICK DISTRICT ATTORNEY JACKIE JOHNSON

After reading and considering Defendant’s Motion to Enjoin State—Sponsored

Tampering by Brunswick District Attorney Jackie Johnson (hereinafter, “Defendant's

Motion to Enjoin"), all argument, of record, and the applicable law, the Court

DENIES the motion. FACTUAL BACKGROUND

On February 23, 2020, the District Attorney for Brunswick Judicial Circuit, Jackie

Johnson (hereinafter "Johnson”), recused herself from the investigation into the death of

Ahmaud Arbery. That same day Johnson contacted George Barnhill, District Attorney of the Waycross Judicial Circuit (“Barnhill”), who agreed to accept the case. On February

27, 2020 Johnson sent her notice of disqualification and recusal to the Attorney General, and also informed the Attorney General that Barnhill had agreed to accept the case. The

Attorney General’s office confirmed the same with Barnhill and his office was appointed to prosecute the matter of the death of Ahmaud Arbery. On April 7, 2020, Barnhill gave notice of his recusal from the case and requested the appointment of another prosecutor.

State v. William Roderick Bryan CR-2000433 Order Denying Defendant’s Motion to Enjoin State-Sponsored Jury Tampering by Brunswick District Attorney Jackie Johnson Ultimately, the Attorney General appointed Joyette Holmes, District Attorney of the Cobb

Judicial Circuit to the matter of the death of Ahmaud Arberyfi DISCUSSION OF THE LEGAL ISSUES

Defendant seeks to have this Court enjoin Johnson from engaging in actions that could "reasonably be viewed as intimidating by potential jurors in the above-styled case”.

He claims that her alleged conduct violates Defendant’s due process rights and right to by jury under the Fifth, Sixth and Fourteenth Amendments to the United States

Constitution and Article l, Section I, Paragraphs | and XI of the Georgia Constitution?

Defendant describes Johnson's actions as those which have “inevitably instilled fear in the minds of some that individuals sympathetic to Ahmaud Arbery, white or black. that they may be singled out for public shame and humiliation, retaliation, and perhaps even criminal prosecution.”3 Defendant relies on an article published in The Brunswick News, dated August 20, 2020, along with statements made by “several of the individuals named in the article as well as several other individuals who were not named in the article" to

Defendant's counsel.4 The behaviors of which Defendant complains are all allegedly associated with the campaign to re-elect Johnson as Brunswick District Attorney. “A First, as to any claim for embracery. O.C.G.A. § 16-10-91(a)(1) provides that person commits the offense of embracery when he: (1) With intent t0 influence a person summoned or servinq as a iuror, communicates with him otherwise than is authorized by law in an attempt to influence his action as a juror...” Accordingly, the offense of embracery applies O_nly to those persons already “summoned or serving as a juror.”5

Significantly, the Court has not yet empaneled a jury in the above captioned case. Still more, a trial date has not been set and prospective jurors have not yet been summoned.

1 On April 13, 2020 the Attorney General appointed Tom Durden, District Attorney of the Atlantic Judicial Circuit, to this case. Durden recused his office from this matter, under O.C.G.A. § 15-18-5(a). on Monday. May 11, 2020. Subsequently, the Attorney Genera] appointed Joyette Holmes. 2 See generally, Defendant's Motion to Enjoin. 3 Defendant’s Motion to Enjoin, pg. 3, 1] 7. 4 Defendant's Motion to Enjoin, pg. 1. 5 Defendant concedes that the offense of embracery applies only to those persons already “summoned or juror." serving as a See Defendant's Motion to Enjoin. pg. 3, 1] 8.

State v. William Roderick Bryan CR—2000433 Order Denying Defendant’s Motion to Enjoin State-Sponsored Jury Tampering by Brunswick District Attorney Jackie Johnson Therefore, while the Defendant has the right to challenge for cause any juror who has an

actual or implied bias, any claim for embracery is premature.

The Defendant has other remedies to address the concerns raised. For example,

voir dire provides an appropriate legal vehicle for Defendant to address concerns

regarding a prospectivejuror’s partiality. O.C.G.A. § 15-12-133 provides that both parties

have the right to examine individual jurors about:

“anv matter or thinq which would illustrate anv interest of the prospective

iuror in the case, including any opinion as to which party ought to prevail,

the relationship or acquaintance ofthe prospective juror with the parties or

counsel therefor, anv fact or circumstance indicatinq anv inclination.

leaning, or bias which the prospective juror might have respecting the

subject matter of the action or the counsel or parties thereto..." (Emphasis

supplied.)

During the voir dire, counsel for the parties will have the right to query the conduct alleged

in Defendant’s current submission to this Court. There, the parties can determine if the

prospective jurors can be fair and impartial in reaching a on this matter.

Further, the Court does not have the authority, in this case, to order Johnson to

cease and desist alleged behaviors associated with her re—election campaign. As

addressed above, the alleged practices are not currently actionable in this case as

embracery. Moreover, Defendant’s motion seeks an injunction against Johnson based

on actions ostensibly associated with her political campaign. In general, an order from a

court directing a party to cease and desist is binding only upon the parties to the action, their officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with them. See O.C.G.A. § 9—1 1—65(d). Not only is Johnson

not a party to this case, but given her recusal she is plainly not in "active concert or participation" with the State.

Finally, the Court must address the timing of this Motion. Considering the legal merits and the allegations made the Court is concerned that Defendant’s filing is an inappropriate attempt to employ the authority of this Coun to influence an ongoing

State v. William Roderick Bryan CR-2000433 Order Denying Defendant's Motion to Enjoin State—Sponsored Jury Tampering by Brunswick District Attorney Jackie Johnson election. The Court notes that Defendant's Motion focuses on campaign conduct rather

than the subject matter of the case at bar. To be sure, Defendant’s Motion alleges: (1)

that a candidate has conducted a bad faith investigation into the qualification process of

her opponent; and (2) that a candidate has engaged in the direct intimidation of residents

of Glynn County. That, and the Defendant's acknowledgment that the embracery

may not be applicable is cause for concern. To the extent that this Motion was intended,

or is seen, as a vehicle to influence an ongoing campaign and election the Defendant and

counse! for the Defendant are hereby admonished. Further, the Court has determined

that no hearing on the matter is necessary and instead enters this Order without further

‘ consideration.

Based on the foregoing, the Court hereby DENIES Defendant’s motion. n. SO ORDERED, this E day of October 2020.

1,__C)Q/\ Timothy R. Walmsley, Judge Superior Court, State of Ge rgia

cc: Kevin Gough, Esq. Joyette Holmes, District Attorney Jesse Evans, Asst. Dist. Atty.

w Notice to: Frank Houge, Esq. Laura Houge, Esq. Robert Rubin, Esq. Jason Sheffield, Esq.

State v. William Roderick Bryan CR-2000433 Order Denying Defendant's Motion to Enjoin State-Sponsored Jury Tampering by Brunswick District Attorney Jackie Johnson