Atlanta cop reindicted in sexual assault

By Tim Eberly The Atlanta Journal-Constitution
ATLANTA — An Atlanta police officer whose criminal charges were thrown out earlier this week has been reindicted on the same charges, according to the Fulton County district attorney's office.
Wayne Longe once again is charged with sexual assault against a person in custody and violation of oath by a public officer, according to the indictment obtained by The Atlanta Journal-Constitution.
Longe, a police officer since 2002 who is on administrative leave, originally was brought up on those charges in June. He is accused of sexually assaulting a woman in the back of his patrol car while on duty in July 2004.
The sexual encounter occurred at Anderson Park in northwest Atlanta.
Longe's attorney, Jackie Patterson, says Longe admits to having sex with the woman but says it was consensual.
On Monday, a Fulton County Superior Court judge threw out the indictment because the paperwork didn't specify what kind of sex allegedly took place.
As a result, Patterson contends, the district attorney's office could not reindict Longe because the four-year statute of limitations has run out.
The district attorney's office disagrees, pointing to a Georgia law stating that when a case is thrown out, the statute of limitations is extended by six months from the date that it was quashed.
Longe's new indictment, with more detailed language, was handed up by a grand jury on Tuesday.
Patterson said Thursday that he believes the second indictment will not stand either. His argument is that Longe did not have the opportunity to go before a grand jury to provide a statement, which law enforcement officers are entitled to if the alleged crime occurred when they were "in the performance of his or her duties," according to state law.
Yvette Brown, spokeswoman for the district attorney's office, said prosecutors did not have to notify Longe or invite him to the grand jury hearing.
She cited prior case law that says the crime of rape is not part of an officer's official duties, so an officer charged with that offense doesn't have a right to speak before a grand jury.
Brown said she could not address the fact that Longe has not been charged with rape.
Patterson provided the Journal-Constitution with a letter from a Fulton County prosecutor, inviting Longe to attend the first grand jury hearing. It states that "you and your attorney, if you choose to have one, are entitled to be present during the presentation of evidence against you."
Brown said she had not read the letter and couldn't address specific wording, but that it was sent as a "courtesy" to Longe and that he never has been entitled by law to attend the grand jury hearings.

Copyright 2008 The Atlanta Journal-Constitution

Atlanta cop files complaint against police chief

By TIM EBERLY
The Atlanta Journal-Constitution
Thursday, October 02, 2008
An Atlanta police officer has filed an ethics complaint against Police Chief Richard Pennington, contending the chief made on-duty motorcycle officers escort members of his Corvette club through the city last summer, the police union said.
Atlanta ethics officer Ginny Looney confirmed Thursday that a complaint was filed against Pennington on Aug. 22, but she would not discuss its details. She said an investigation into the complaint has begun.
Pennington would not comment on an open investigation, said Sgt. Lisa Keyes, an Atlanta police spokeswoman.
The officer who filed the complaint did so anonymously out of fear of retribution, said police Sgt. Scott Kreher, president of an Atlanta police union.
The escort incident happened on July 12, Kreher said. He said Pennington owns a Corvette and is a member of the United Council of Corvette Clubs, which describes itself on a Web site as the premier African-American Corvette club.
Kreher said the club’s members came to Atlanta for its week-long annual convention and stayed at a hotel south of the city, near the airport.
On July 12, Pennington had a handful of officers escort the club members, driving their Corvettes, from the hotel to Lenox Square Mall in Buckhead, Kreher said.
Pennington was with the group, was not on duty and was driving his Corvette, Kreher said, adding that the escort required about two hours of the officers’ time.