Statement from District Attorney Paul L. Howard, Jr. Regarding

Georgia Court of Appeals Opinion

Tesler v. The State

While we are extremely disappointed with the narrow interpretation of venue utilized by the Georgia Court of Appeals which resulted in this conviction being overturned, we are nevertheless pleased the Court’s opinion affirmed that our prosecution of Arthur Tesler was evidentially sound. The Court found the evidence was sufficient to show Tesler did indeed commit the crime of making false statements to law enforcement officials who were investigating the death of 92-year-old Kathryn Johnston.

Unlike the other defendants in the Johnston case, former officers Gregg Junnier and Jason Smith, who admitted their guilt almost from the start, Tesler steadfastly refused to accept responsibility for his role in the incident. It was only after his conviction in Fulton County that Tesler ultimately did admit his guilt and later pled guilty to federal civil rights conspiracy charges on October 30, 2008.

The evidence and testimony in the State’s case laid the groundwork for that federal plea and conviction. In part, because of our case, Arthur Tesler will be sentenced on February 20, 2009 in federal court and will likely serve time for his crimes. I believe that justice will be served in this case when Tesler begins his term of incarceration. I hope the victim’s loved ones, the Neal Street Community and residents of our county can find solace and some measure of closure in Tesler’s impending punishment.

We will await the outcome of Arthur Tesler’s sentencing next month before a determination is made regarding whether to re-try this case.

Media Contact: Yvette Brown, 404-224-0560/404-392-8867, yvette.brown@fultoncountyga.gov