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Atlanta
4:13 am
Mon May 5, 2008
No knock warrant trial begins
By Charles Edwards
Atlanta, GA – Opening arguments began today in a trial highlighting the use of no-knock warrants by law enforcement.
Atlanta Police Department officer Arthur Tesler faces 3 charges related to the death of 92-year-old Kathryn Johnston.
After giving the jury its instructions, Judge Michael Johnson turned the case over prosecutor Kellie Hill, who then played a recording.
GUN SHOTS: BANG, BANG, BANG
Hill told jurors they were listening to the sound of 39 gun shots.
HILL: and it was the last thing Kathryn Johnston heard just before 7 o'clock P.M. the evening of November 21st in 2006.
Johnston was killed after an APD narcotics unit convinced a judge to give them a no-knock warrant for the elderly woman's home. The unit told the judge a drug dealer told them drugs were being sold out of the house. Later, it was revealed the drug dealer lied to unit which included Tesler, and officers Greg Junnier and J.R. Smith. Hill told jurors they should keep two questions in mind.
HILL: Did the defendant know that the warrant his partner obtained included false information and the second question is did he lie during an official investigation?
The prosecution claims Tesler did nothing to stop his partners from lying to a judge to obtain the warrant.
Tesler is charged with violating his oath of office, lying to federal investigators about the shooting and for false imprisonment.
However, Tesler's defense attorney, William McKinney, argues his client is a victim too of corruption within the police department. McKinney says Tesler was promoted to narcotics 9 months before the shooting.
MCKINNEY: The evidence is going to show, number one, that he received no training, no narcotic training at all when he went into that unit.
Instead, McKinney claims Tesler's superiors, Junnier and Smith, consistently obtained warrants by lying. They would do that, according to McKinney, to receive benefits for meeting monthly arrest and search quotas. In all, McKinney told jurors his client is being made to be the fall guy.
MCKINNEY: and any false statement made were made because officer Tesler was manipulated, controlled and exploited by two senior officers that wanted to hide the truth.
Today, the state began presenting its case. It's not clear unclear how long the trial will last.