Judge denies ex-police officer's motions for new trial

Sep. 6—EATONTON, Ga. — Michael Seth Perrault, a disgraced police officer who once worked with the Eatonton Police Department, will not get a new murder trial.

That's the ruling of Ocmulgee Judicial Circuit Superior Court Chief Judge Brenda H. Trammell following a hearing last week in Hancock County Superior Court where defense attorneys sought a new trial.

The motion for a new trial was made recently on behalf of Perrault by Robert L. Sirianni Jr. and George W. Thomas of Brownstone Law, an appellant litigation law firm. They did not represent Perrault during his murder trial.

Following the hearing, Trammell denied Perrault's request for a new trial.

"The motion was filed on the general grounds that the trial court had committed one or more reversible errors," Trammell said in her ruling.

Three of the points included:

* The verdict was contrary to the evidence and without evidence to support it.

* The verdict was contrary to the law and principles of justice.

* The court committed errors of law warranting the grant of a new trial.

Sirianni, the lead defense attorney, cited the following grounds in seeking a new trial when he filed an amended motion on Aug. 26.

Sirianni said the trial court erred by failing to change the trial venue.

In addition, he said cumulative errors dictate that Perrault is entitled to a new trial, including failing to preserve the chain of custody of the firearm that was present at the scene, allowing Putnam County Sheriff Howard R. Sills to remain in the courtroom during the trial, thus violating the rule of sequestration; referring to Sills as the prosecutor; referring to the defendant as a murderer; and ineffective assistance of counsel for their failure to call exculpatory witnesses.

The new defense attorneys along with their client attended the hearing last week in Sparta via Zoom, while Ocmulgee Judicial Circuit District Attorney T. Wright Barksdale III and Sills joined Judge Trammell in person.

Perrault joined the hearing from the Georgia Diagnostic Prison near Jackson, where he was taken to following his murder conviction.

On the ground that the verdict was contrary to the evidence and without evidence to support it, Trammell said, "there was more than sufficient evidence to convict the defendant in this manner."

The judge pointed out that while the medical examiner opined that the death of the victim was suicide, other law enforcement officials testified to the evidence that did not support such a finding.

Trammell cited the following reasons:

"The placement of the cartridge and the gun; the additional blood evidence in another bathroom, shell casings, blood spatter, and body position; and the actions of the defendant on the date in question and leading up to same, to name a few," Trammell said in her ruling. "As stated in another circumstantial case, moreover, a detective testified that based on his 23 years of experience and working between 50 and 75 suicides involving firearms, Gresham had not died by suicide."

She cited a Georgia case in that instance.

The judge determined that Perrault's attorneys' argument was without merit.

"Based upon its duty as the 13th juror, the court finds the jury's verdict is not contrary to the evidence or decidedly and strongly against the weight of the evidence," Trammell said. "The court further finds that the principles of justice and equity do not demand a new trial. The court finds, as the 13th juror, that there is no basis to grant the requested new trial after a consideration of the entire record."

The judge also addressed the defense attorneys' contention that the court erred by failing to change the venue for the murder trial.

"However, the defendant withdrew his motion for change of venue prior to the trial of this case, and this court on Feb. 16, 2022, entered a written order memorializing same," Trammell said in her ruling. "Further, during jury selection, in this case, there was not a great number of jurors who even knew about the matter, and no jurisdiction for requesting a change of venue could have been shown."

Trammell also addressed the contention that there was a failure to preserve the chain of custody of the firearm.

"However, the defendant, in this case, had no objection to the introduction of that evidence at trial, and no objection to chain of custody was made," Trammell said. "Further, this evidence was properly identified and introduced at the trial of this case."

Trammell also addressed the motion by defense attorneys concerning the court's ruling that allowed Sills to stay in the courtroom and not be subject to sequester like all other witnesses who testified in the case.

"It is within the discretion of the trial court to allow the lead investigator/prosecutor to remain in the courtroom for the orderly presentation of the evidence," Trammell said.

Defense attorneys also challenged whether or not Sills should have been referred to as the prosecutor.

Trammell noted that Sills was listed as the prosecutor on the grand jury indictment made against Perrault.

Trammell said defense attorneys did not object to the reference during the trial.

The judge also ruled against defense attorneys on two other points.

One of them involved referring to Perrault as a murderer. Trammell said case law allows it.

Perrault's new defense attorneys also contended that their client should receive a new trial based on ineffective assistance of counsel and their failure to call exculpatory witnesses.

"Though alleged in the pleadings, the defendant offered no argument nor cited any particulars about what witnesses were omitted or what they could have testified concerning the defendant or his defense," Trammell said. "Therefore, the court finds this ground abandoned."

Trammell's order was signed on Sept. 2.