Monday, April 19, 2010

More on Arnt's Facebook Post

In looking at the rules in Georgia that prosecutors must follow, we see a couple rules:

RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR
The prosecutor in a criminal case shall:

(g) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.

RULE 3.6 TRIAL PUBLICITY

1. A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a person would reasonably believe to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

Take another look at Arnt's Facebook post and then ask whether or not he has broken rules 3.8 and 3.6. Michael Nifong broke Rule 3.6 and was disbarred in North Carolina.

An outstanding attorney in Texas has expressed her learned opinion about what Arnt posted:

This is disgusting and brings dishonor upon the profession. Are prosecutors allowed under the canons of ethics to publicly call opposing counsel crazy? Are they allowed to publicly accuse them of defrauding their clients by going to trial? I suspect not.

Most importantly, it is obvious that the prosecutor was INVITING public condemnation of the accused in a back-handed manner. He was soliciting comments favorable to his post and he got them!

I have been practicing for almost 30 years and have rarely seen such blatant and public disregard for legal ethics. This is trial by Facebook!


To make matters worse, notice the people who supported the post:

Holly Nave Kittle, a forensic analyst with the GBI.

Vicki Scoggins, who has been the Lookout Mountain Judicial Circuit Victim Witness Director.

Jane Sadler, who has served on the board of the Walker County DFCS.

Indeed, any prosecutor who would do this, and also make inflammatory statement to the press such as telling them that the very act of Tonya Craft proclaiming her innocence is "proof" she is guilty deserves to be scrutinized by the Georgia State Bar. You have to remember that Arnt and Len Gregor have been able to get away with this illegal and bullying behavior for years, and no one in a position of authority has done anything. One hopes this can change, just as Nifong found that his lies and bullying no longer fit his job description.

(Thanks to an anonymous tipster for much of this material)

[Update] As the commenter below points out, Holly Kittle now works as a "therapist" for the Children's Advocacy Center, which is an important arm of the prosecution's team. This is from my attorney friend in Texas:

Holly is part of the prosecution team. If she was under the direct supervision of the prosecutor, here is another canon under Rule 3.8:

(e) exercise reasonable care to prevent persons who are under the direct supervision of the prosecutor from making an extrajudicial statement that the prosecutor would be prohibited from making under subsection (g) of this Rule;

The fact that she gave a thumbs up would appear on her page, driving others to look at Arnt's post. I don't know if she was directly supervised by him, however.

I need to add that whether or not she was supervised, Kittle's statement was HIGHLY inappropriate for someone who is on the official witness list for the prosecution. Again, we are seeing abuse of the law -- under color of the law, of course.

[Update #2]: An attorney from another state has sent me the links to the facebook pages of Kittle, Sadler and Scoggins. The point is that they have lots of "friends" who no doubt are given information from these women casting pronouncements of guilt on Tonya Craft. As stated before, Kittle is on the official witness list, which says that her behavior has been highly inappropriate at best and illegal at worst.

I no longer live in the Lookout Mountain Judicial District, and given that the prosecution staff in that district apparently consists of arrogant lawbreakers, I think I can say that I am glad I no longer live there. However, just because I no longer am a Lookout Mountain, Georgia, resident does not mean I don't care what happens at my old home.

19 comments:

Anonymous said...

Wow, keep digging!!!!!

Anonymous said...

Is there anything the people of Georgia can do about this to take a stand on this issue?

William L. Anderson said...

Arnt and Gregor need to be reported to the Georgia State Bar. I hope a lot of people will do it, using this material.

One also hopes that the local news media will pick up on the fact that Arnt CLEARLY has broken two of the main rules governing prosecutors in Georgia.

Anonymous said...

If we can just get someone to take notice...

Anonymous said...

Just for clarification, Holly Kittle no longer works for the GBI crime lab, as it was closed. She does however work now for the Children's Advocacy Center doing interviews of children.

Anonymous said...

Mr. Anderson you are awesome!!! Thank you so much for everything!

Anonymous said...

Numbers for the Georgia State Bar to file a complaint againist Arnt, Judge House, or Gregor.

I'm not exactly sure which one to call...but its better than nothin'


Attorney Discipline
(800) 334-6865 ext. 720 or (404) 527-8720

Unauthorized Practice of Law
(404)527-8743

Bar Headquarters
Philips Arena, Centennial Park)
104 Marietta St. NW, Suite 100
Atlanta, Georgia 30303
(404) 527-8700
(800) 334-6865
FAX: (404) 527-8717

South Georgia Office
244 E. Second St. (31794)
P.O. Box 1390
Tifton, Georgia 31793-1390
(229) 387-0446/0455
(800) 330-0446
FAX: (229) 382-7435

More phone numbers located on
http://www.gabar.org/contact_the_bar/


I urge you to make contact with anyone from the Georgia State Bar. Maybe we can give a voice for Tonya and future cases that Arnt, House, or Gregor try to manipulate. I know Tonya would really appreciate the support and effort put worth by people.

Jerri Lynn Ward, J.D. said...

The place to file complaints against judges in Georgia is here: http://www.gajqc.com/faq.cfm

However, they won't consider such a complaint during a trial.

Anonymous said...

For a bunch of people who all claim to be republicans, they sure do want to have as much government as possible interfere with Ms. Craft's right to due process.

Anonymous said...

If someone interrogating those children in the capacity of "therapist" were commenting on his status.....I would question the motive behind the interrogation and which way did this person "lean" to get specific answers to specific questions? This group is a circus and a well oiled hidden circus until all of these allegations have come to light. May god be with the Tonya craft family tonight and may she find peace when this trial is completed and she is found not guilty.

Anonymous said...

2 words come to mind to describe Arnt..UNPROFFESIONAL UNETHICAL

Anonymous said...

What has being a Republican got anything to do with justice? You have to go to the state government, those who are over the local government, if you want anything done about all the inappropriate behavior. What a stupid comment! Government does have it's place in a society of order, but a government of the people, not against the people! This is not about politics, it is about justice and justice is not being served in Catoosa County!!!

Anonymous said...

CHildrens Advocacy Centers are the worst thing to come along in years. Huge industry in convicting defendants. It is a business and business is good. Their mindset is that ALL are guilty.

Anonymous said...

Anon. 9:40, you are right about that and they will go to great lengths to fabricate the truth to suit their purpose.

Anonymous said...

Let's not forget that Detective Steven Keith who works for Catoosa County has a student at Chickamauga Elementary. His child is on the same athletic teams as on of the accusers. Add his name to the list of those with a conflict of interest.

Anonymous said...

boy the list keeps getting bigger

tandt said...

Curious..... I wonder if Holly Kittle gets a lot of her photography customers from her work with the CAC???? I just find it interesting.

Anonymous said...

I have a call in to the Director of the Ga. Bar. At least they won't be able to say they haven't heard of this case.

Anonymous said...

Makes one wonder what is worse; the sicko child molester or the organization that claims to be an advocate for children, whose professional purpose is to manipulate minors.