Fate of APD officer rests in federal judge's hands; Appeals Court overturns state conviction

By Charles Edwards

Atlanta, GA – Fulton County District Attorney Paul Howard will wait on a federal judge before deciding to re-try an Atlanta narcotics investigator for his role in the shooting death of 92-year-old Kathryn Johnston.

Former APD officer Arthur Tesler was in state prison for lying to the FBI. However, a state appeals court Thursday overturned the ruling on a technicality.

The court ruled the DA failed to establish the FBI office where Tesler lied was in Fulton County. Establishing venue is a legal requirement.

Despite the overturned conviction, Arthur Tesler will serve time in federal prison.

Last year, Tesler pleaded guilty to federal civil rights charges. Page pate, an Atlanta defense attorney not affiliated with the case, doubts the appeals court's decision will influence a federal judge.

PATE: "So, it's not that this decision suggests that Tesler didn't do what he was charged of doing and it doesn't really under cut the jury's verdict. It's basically a reversal on a technicality and an error by the DA's office when they were trying this."

Federal prosecutors have asked a judge to sentence Tesler to 10 years and one month in prison.