Atlanta- Judge tosses out a man's indictment because the courtroom wasn't open to the public.

The dismissal of a 31-count racketeering and theft indictment against former Cobb EMC chief Dwight Brown over an access issue could put thousands of criminal proceedings in jeopardy, the district attorney for Cobb County said Wednesday.

That would include 15 indictments issued in the same new courtroom and on the same day as Brown -- that involved charges of rape, false imprisonment, child molestation, aggravated assault, armed robbery, illegal possession of firearms by a felon, auto theft and identity fraud.

Judge Robert Flournoy tossed out Brown's indictment when he ruled that the courtroom used was not open to the public, or accessible, as the law requires.

District Attorney Pat Head said thousands of other cases might be affected because they were conducted in courtroom facilities at the county jail, another potential access issue. The potential ripple effects of the ruling on the county's judicial system have caused Head's office to appeal Judge Robert Flournoy's ruling instead of re-indicting Brown.

Drew Findling, a local defense attorney, said he doubted the ruling would have a widespread impact, such as Head suggested, because of the unusual circumstances of the Brown indictment.

"I don't see this as a floodgate opening, "Findling said.

Findling said most indictments are handed down with no public present because no one knows when they're going to happen. The Brown indictment, though, was highly anticipated by the news media.

"What you had here is some highly skilled, highly intelligent and highly motivated attorneys who are going to do everything they can to get the indictment thrown out," Findling said.

Link: http://www.ajc.com/news/cobb/cobb-da-said-emc-883622.html