ATLANTA — Another of former President Donald Trump’s 18 co-defendants is challenging District Attorney Fani Willis’ plan to try all of the accused at once on charges that they conspired to overturn the 2020 election.
A grand jury indicted Ray Smith on 12 charges including racketeering, making false statements, and conspiracy to commit forgery. Smith has filed a motion asking Judge Scott McAfee to divide the 19 defendants into “manageable groups so the case can be presented in reasonable bite-size segments that a jury will be able to understand.”
Smith has pleaded not guilty to the charges and has waived next week’s arraignment.
“Others will find reasons to be severed,” said defense attorney Meg Stricklin, who is not attached to the case. “It could be conflicts, could be motions that require argument time. What’s going to be interesting is which defendant goes where.”
There are defendants trying to move their case to federal court. Two meanwhile have asked to be tried alone in Fulton County - and quickly.
Stricklin says there are several reasons why defendants in Fulton County’s election interference case would ask for a speedy trial.
“In this context I think it’s to move the ball forward because we know the main defendant, the lead defendant is a bit of a procrastinator,” said Stricklin. “He wants to push this to go to 2028.”
Smith’s motion, filed Thursday in Fulton County Superior Court, points to the complex racketeering trial currently underway involving rapper Young Thug. Jury selection began in January and is still underway for a handful of the 28 defendants that were indicted. Eight have entered guilty pleas. The others will be tried later.
“The experience learned by this court in the YSL gang trial is a lesson learned that should inform any court about the dangers of pursuing a joint trial for over a dozen defendants,” Smith’s motion reads.
Donald Trump has made it clear he wants to separate from any defendant seeking a speedy trial. Legal experts predict he may ask for his case to move to federal court.
Former Dekalb County District Attorney Robert James says there will be defendants who will want the former president in the room when they go on trial.
“If there’s a trial and they’re submitting the voice of Donald Trump saying someone who was at that trial did something, that defense lawyer is going to want Donald Trump there because his client has a sixth amendment right to cross-examine Donald Trump,” said James.
As defendants push to move in different directions they’ll have to confront DA Willis, who has made it clear she wants all 19 defendants tried together in a Fulton County courtroom.