News

Professionalism in the legal field

Earlier this month, District Attorney Randy McGinley had the honor to be a part of a panel on judicial professionalism. The Chief Justice's Commission on Professionalism put on this virtual continuing legal event that about 850 attendees.

In the past, the Commission has hosted panels of Judges as a "View From the Bench" discussion on professionalism from the eyes of judges. This panel, however, was from the other side. As the event advertised, "But what do lawyers want judges to consider when reflecting on judicial professionalism?"

The panel, which was moderated by Judge Kreuziger of the Griffin Judicial Circuit, consisted of prosecutors, criminal defense attorneys, and civil attorneys. All panel members have vast experience in litigating in courtrooms across Georgia. The panel had the opportunity to discuss and share our thoughts on subjects such as judicial temperament, promoting public confidence in the courts, and ex parte communications (or communications by a judge with just one side, which rules prohibit except in certain circumstances).

From District Attorney Randy McGinley: "We have the greatest court system in the world in our great country. That does not mean that we cannot all work towards making it better. Events like this put on by the Chief Justice's Commission on Professionalism help us strive for self reflection and self improvement. I am beyond honored to be a part of such a great group of lawyers on this panel. Lastly, thank you to my friends and fellow members of the bar that attended this virtual event and sent me screen shots!"

DA's Office Hosts Parole Board Victim Impact Session

The Newton County District Attorney’s Office recently hosted the Georgia Parole Board for a Victim Impact Session (VIS) at the Newton County Courthouse. These Sessions allow victims and families of victims to speak directly to a parole board member and other staff. Vice Chairman of Parole Board, David Herring attended this VIS and met with victims of violent crimes in which the defendant is set to be reviewed for a parole decision in the near future.

According to the staff of the Board of Pardons and Parole, “The VIS allows victims to speak to a parole board member in a confidential meeting that includes staff from the Georgia Office of Victim Services (GOVS) and Clemency staff. Information provided by victims is then added to the offender case files available for all parole board members to review prior to making parole decisions. The cases involved are scheduled to be reviewed within the next 18 months by the board. This allows for the latest input from victims and the district attorney.”

About this Impact Session, Vice Chair Herring said, "I am grateful to these victims for agreeing to meet today. These victims are making their voices heard and becoming a necessary part of the parole decision-making process.”

The DA’s Office worked along with the Office of Victim Services to coordinate these meetings with victims and their families. The Courthouse served as a safe place for these meetings. Further, some of the victims were assisted at the time the cases were going through court by the same victim advocates that are with the DA’s Office.

I want to thank Vice Chair Herrings, Executive Director Chris Barnett, and all staff with Pardons and Parole and the Office of Victim Services for picking Newton County to host this Victim Impact Session. It is important for victims of crimes to know that their voices and opinions are listened to even years after they were victimized. I also want to thank our Victim Services Director Leslie Smith for coordinating and ensuring victims continue to be well served in Newton County.

Even years after a conviction and sentence, the DA’s Office assists victims in navigating the appeal process and then the parole system in Georgia. This includes ensuring that victims are signed up for notifications from the Parole Board. It also includes providing additional information to the Parole Board about defendants and their crimes, including making sure any victim impact statements given to the DA’s Office is shared with the Parole Board. Finally, the DA’s Office, at times, provides written objections to an offender’s parole decision. This is based on the crime, the offender’s criminal history, and numerous other factors.

As District Attorney, I am grateful that the Georgia Parole Board continues to involve victims and prosecutors in their important work and decisions.

Randy McGinley

District Attorney

DA Randy McGinley (top left), DA Office Victim Services Director Leslie Smith (top row, second from left), Parole Board Vice Chair David Herring (top right)

Court of Appeals affirms convictions in two major cases:

Today, the Court of Appeals of Georgia affirmed the convictions of Matthew Deres and Sanford Barton. Copies of the opinions are provided below.

Deres was tried and convicted for one count of Rape in November of 2018. He was later sentenced to Life in Prison. On appeal, Deres claimed that the evidence presented to the jury was insufficient, that the trial court committed errors by admitting evidence of his internet search history and failed to send medical records to the jury deliberation room, and that his trial attorney provided ineffective assistance of counsel. The Court of Appeals rejected all of these arguments with the three judge panel unanimously affirming the conviction and sentence.

As to the issue of his internet search history, evidence was presented that Deres had recently searched online on how to pass a lie detector test, the statute of limitations for rape, maps of Mexico and Candaa, and the how long DNA lasts after a sexual encounter. Deres argued that his attorney should have objected to those records being presented at trial because his privacy was violated under Georgia law. The Court of Appeals ruled that Deres did not have a reasonable expectation of privacy in his internet search history because the device he used was in his wife's name, that they used the same passwords for numerous accounts, and essentially shared this type of information.

Senior Assistant District Attorney Jacqueline Fletcher, who also tried the case, handled the appeal.

Sanford Barton was convicted of Kidnapping with Bodily Injury, Kidnapping for Ransom, two counts of Aggravated Assault, False Imprisonment, Possession of a Firearm During a Felony, and two counts of Tampering with Evidence. Because Barton had previous convictions of Rape, Aggravated Sodomy, and Armed Robbery, under Georgia law, he received the only available sentence, Life Without the Possibility of Parole. The trial showed that Barton was a high ranking member of the Ghost Face gang. He committed many of these crimes along with a then-girlfriend.

Barton claimed on appeal that there was insufficient evidence of the Kidnapping with Bodily Injury, that the trial court should have given the jury the option of convicting him of kidnapping, and that some of his charges should have "merged" for the purposes of sentencing. Barton also claimed that his trial attorney was ineffective. This included a claim that he may have pleaded guilty to a lesser sentence. The Court of Appeals found that there was no "reasonable probability" that he would have accepted a plea offer based on his insistence in going to trial.

Barton's appeal was handled by Assistant District Attorney Dave Williamson, who also tried the case.