Judge to make decision on contempt motion against district attorney in Athens

Western Circuit Superior Court Judge Eric Norris is expected to issue an order soon on the question of whether the circuit’s district attorney will be held in contempt of court.

In a nearly four-hour hearing last week, Norris heard evidence and legal arguments stemming from the decision of District Attorney Deborah Gonzalez to dismiss a rape and child molestation charge after a jury was selected for a trial.

Gonzalez has already admitted to violating the victim’s rights under the Georgia Crime Victim’s Rights known as Marsy’s Law. The girl was 14 in 2021 when she alleged she was raped by the man, now 42 years old.

But Watkinsville attorney Kevin Epps filed a contempt of court order motion because he contends that Gonzalez did not turn over documents in a violation of the judge’s order. Epps had sought the documents through subpoena and the open records act.

Those numerous records, according to Epps, included 19 e-mails that might be related to a trip Gonzalez made to Selma, Ala., during the time the rape trial was scheduled and a murder trial was to follow the next week.

The courtroom, the smallest in the courthouse, was packed for the hearing.

Two people actually broke down in tears during the proceedings: the mother of the girl, as she sat next to her lawyers, and Jennifer De la Vega, the executive assistant for Gonzalez, who broke down under cross-examination by Epps as she attempted to describe how she searched for documents sought by the subpoena.

Gonzalez was represented in the hearing by Athens attorney Ken Dious, who told the judge he had eyesight problems. Due to that medical condition, Dious had sought a continuance of the hearing, but Norris denied the request. Dious, who took on the case the previous week, was assisted by an attorney, who read to him parts of documents that were entered as evidence.

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Also in attendance were two lawyers from the Prosecuting Attorneys Council of Georgia, who are now handling the case against the defendant after Gonzalez recused her office from the case.

Robert Smith, the general counsel, and Peter Skandalakis, the executive director, both took seats in the courtroom’s jury box to observe the hearing. The case could be re-indicted despite the dismissal and the defendant faces other criminal charges.

Norris said he will privately review the documents that Gonzalez did not release under the subpoena.

But the judge did ask Epps what he would request as punishment if he finds the district attorney in contempt.

“I just don’t want her incarcerated,” Epps replied.

But he urged the judge to seek evidence not only on her work cellphone, but also her personal cellphone.

During her testimony, Gonzalez testified she would not release her personal cellphone for a Cellebrite examination, which can also determine if a text has been deleted.

In defense of Gonzalez, Dious argued ardently that Marsy’s Law was not designed for discovery of evidence as Epps is seeking, nor does it outline a punishment for contempt. He also argued that Epps wants attorney’s fee, but again that is not provided in Marsy’s Law.

Dious argued the law, passed by the state Legislature about four years ago, is confusing and vague and cannot be used to hold Gonzalez in contempt.

Epps did file a motion asking for $14,227 in attorney’s fees, but he told the judge that if Gonzalez would acknowledge she is in contempt of the court order and provide the documents ordered by the subpoena, he would waive those fees.

The Marsey’s Law case against Gonzalez began with a hearing on May 19. As a result of that hearing, the district attorney’s office recused itself from the prosecution of the defendant and Gonzalez admitted to violating the Marsy’s Law.

Epps followed this by having subpoenas served on Gonzalez and others in the district attorney’s office as he sought certain documents. When Epps asserted that he didn’t get those documents, he filed a contempt of court motion against Gonzalez.

Another hearing was held on this issue on May 25. Norris issued an order giving the district attorney 15 days or until June 19 to provide those documents.

After that date, Epps filed a motion for contempt alleging that Gonzalez did not comply with the judge’s order as she still withheld numerous documents that she contended were not relevant to the rape case.

“And that is why we are here today,” said the judge, who has the next move.

This article originally appeared on Athens Banner-Herald: Judge Norris to rule on contempt motion against DA in Athens