FULTON COUNTY, Ga. — The number of unindicted detainees inside the Fulton County jail system fell dramatically following an 11Alive investigation, county records show.
In November, 11Alive revealed that more than 1,000 people were detained inside the jail system without formal charges. After the investigation was published, a county report indicated that the figure fell by more than 40%.
For many people accused of a crime, indictments are a vital first step toward defending themselves.
"You can't get discovery before you're indicted," said attorney Bob Rubin. "You can't file a speedy trial demand before you're indicted. You can't file other motions dismissing."
Essentially, Rubin said, inmates "are in purgatory."
In Fulton County, unindicted detainees in that "purgatory" are housed in a jail system that's known for decaying conditions and violence.
Rubin Gordon saw it firsthand while detained, unindicted, awaiting trial on a burglary charge for almost two years in what he said were unsafe conditions.
"Everyone had some type of weapon that they made with the materials from the Rice Street Jail," he said.
A Fulton County report last fall listed 1,059 unindicted inmates inside the county's jail system as of late September. More than 500 had been waiting longer than three months for their indictment, county data showed.
After 11Alive's investigation was published on Nov. 14, the number of unindicted defendants fell to just over 600, according to a county report with data from Nov. 20.
It was not a one-time 'blip,' either. The reduced number of unindicted defendants stayed at roughly the same level in a January Fulton County report, representing the most recent available data.
"It's huge," said Fulton County Commissioner Bob Ellis of the reduction.
In the fall, Ellis helped raise concerns about the number of unindicted inmates in the jail system, saying the situation at that point was "not acceptable."
While detained without formal charges, Ellis said inmates are often "in a situation where [their] whole life is on hold."
Now, he says, many have had their cases resolved, indicted, or have been released on bond.
He said local reporting helped call attention to the problem.
"We got a message out," said Ellis. "It got people's attention and action was taken."
Ellis said a big driver for the reduction was a push to release many pretrial inmates on ankle monitors throughout the fall.
"Many of those people were unindicted," he said.
The commissioner said the move was a step in the right direction but added that the ankle monitor system must be closely watched to ensure it protects defendants' civil liberties.
"If somebody has been on a monitor for six, nine months and there have been no issues with them, should their case be revisited and the monitor removed?" asked Ellis. "So that they can be economically sustainable and not deal with all the stigmas associated with wearing an ankle monitor and all the hindrances that's going to bring."
Ellis also warned that defendants released on ankle monitors still need to be checked on to make sure they don't pose a public safety risk.
"It's all great until there's a potential incident that occurs for somebody that maybe should've given a harder look in terms of whether or not they should have been placed out on monitoring," the commissioner added.
While he said the reduction is progress, Ellis maintained more work remains necessary to further decrease the number of unindicted inmates inside the Fulton County jail.
11Alive Investigative Reporter Zach Merchant has followed this issue as part of his series "Failure to Indict." Read more of his work at 11alive.com/investigates.
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