ATLANTA (AP) - Georgia's highest court says the prosecution of a white former DeKalb County police officer who shot an unarmed, naked, mentally ill black veteran may go forward.
Lawyers for Robert Olsen had argued the charges against him should be dismissed because the principle of grand jury secrecy had been violated when extra, unnecessary people were in the room during the grand jury proceedings in January 2016.
Attorney Don Samuel alleged that 13 to 14 additional people were in the room during the evidence presentation, including a court reporter, additional personnel and an expert witness who testified against Olsen.
Samuel also alleged that the defense team was only allowed to take notes with a paper and pencil, when the DA's office and witnesses were allowed to use computers.
He told the judge that the atmosphere was unprofessional, with DA employees drinking coffee and eating bagels in the back of the room.
Photos from the scene of Anthony Hill's shooting death
Olsen, a DeKalb County police officer at the time, shot Anthony Hill on March 9, 2015, while responding to a call about a naked man behaving erratically outside a suburban Atlanta apartment complex.
In a unanimous Georgia Supreme Court opinion published Monday, Justice Robert Benham wrote that there was no unlawful conduct or prejudice demonstrated in the way the prosecutor held the grand jury proceedings.
“We are disappointed in the decision," Samuel said after the decision was announced. "We know that the grand jury is really just a tool of the prosecution which enhances their advantage in a criminal case. This cemented that notion. The constitutional right to a grand jury is no longer much of a right at all.”
DeKalb County District Attorney Sherry Boston said that they expect the case to be returned to DeKalb County Superior Court in about 10 days.
"The State will request the earliest trial date available," Boston said. "We look forward to proceeding expeditiously.”
PHOTOS | Anthony Hill
