Former assistant district attorney asks court to sanction Chatham County DA Jones

Former Chatham County Assistant District Attorney Skye Musson, who filed a federal lawsuit on April 7, 2022, alleging gender discrimination in the DA’s office, has requested the court sanction Chatham County District Attorney Shalena Cook Jones for failing to appear at a deposition on April 11, and for “making false representations to this Court regarding her availability for this deposition.”

Musson is requesting for her counsel fees and costs to be covered by Jones.

According to Musson's motion, “Defendant Jones violated this Court’s order to appear on April 11, 2023, citing a 'conflict' of her own creation and invention after she failed to properly manage her concurrent obligations to this case and as a trial attorney in a criminal matter in Superior Court.”

Culture Clash: Lawsuit alleges ‘bro culture,’ sexism and conflict of interest in Chatham DA’s office

Lawsuit: Former ADA claims discrimination, retaliation by Chatham County District Attorney

More: Chatham County DA proposes quality control plan to improve criminal prosecutions

According to Rule 37 in federal law, failing to comply with discovery orders, such as depositions, can result in compensation for the court and parties.

A Tale of Two Trials

The "criminal matter" Musson referred to in her motion: Jones was serving as the state's prosecuting attorney in a rape trial, the State of Georgia v. Tyrone Glover, which Jones claimed was the reason for not attending the April 11 deposition.

However, Jones also failed to show up to multiple hearings during the Glover case, according to local court filings. Glover was accused of committing two rapes ― one on Feb. 21, 2020, and another on July 13, 2018. Jones had served as lead counsel in the Glover case since October 14, 2022.

Jones’ absences were not an anomaly. Based on court records, Musson attempted to depose Jones multiple times since December 2022. From Feb. 15 through March 31, 2023, Musson asked Jones for her deposition five times, and Jones never offered a single date. On March 28, Jones requested rescheduling her deposition to April 11.

One day later, Jones participated in a pre-trial conference in the Glover case. During that conference, Musson claims, Jones did not mention her federal deposition as a potential conflict. At another pre-trial conference on April 6 in the Glover trial, Jones again failed to mention the deposition.

During the Glover case, however, Jones also failed to show up to multiple hearings. On March 27, Jones was scheduled to appear for a pre-trial hearing. When asked by Chatham County Superior Court Judge Tammy Stokes whether Jones would show up to court, the ADA prosecuting the case, Louis Annunziata, announced that he did not have an answer and that he would get back to the court. According to court filings, Jones did not respond to Annunziata. Five more times over the next two days, Annunziata contacted Jones, but never received a response.

The court sent out a Notice of Virtual Hearing to the parties for 4 p.m. on March 29.

"At the Virtual Hearing Ms. Jones appeared with two other individuals and with no apology for failing to respond or appear for nearly 3 days to the Courts inquiry as to the State’s readiness for trial, the State announced as follows: That the State had sent its subpoenas out in February of 2023, that they were Ready for Trial and that there were No Motions to be heard," according to the court filing.

Glover's jury trial was conducted from April 4 through April 12, when it ended in a mistrial.

Jones’ trial absences come at a time when the DA’s office faces increased scrutiny for the low rate of violent crime prosecutions, including homicides and aggravated assaults. Since taking office in January 2021, Jones has faced a backlog of cases, exacerbated by the COVID-19 shutdown of courts, staffing shortages ― including three ADAs who quit last month, and accusations of fostering a discriminatory culture within the office.

In the Musson case, a response deadline is set for April 28.

Drew Favakeh is the public safety reporter for Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.

This article originally appeared on Savannah Morning News: Former Chatham County Assistant District Attorney asks court to sanction Shalena Cook Jones