Georgia defense attorneys filed a lawsuit seeking records of ex parte communications between a judge and a prosecutor

A lawsuit has been filed by criminal defense attorneys in Georgia, Cobb County, seeking full access to video and audio recordings of court proceedings in criminal cases before Judge Reuben Green.

The reason for the lawsuit is that Judge Green, according to court security videos, engaged in ex parte communications with prosecutors in the absence of defense attorneys and defendants.

When a defense attorney filed a Freedom of Information request and obtained copies of video and audio recordings from the Sheriff's Department (that handled court security and was the custodian of court security tapes), the judge called the County Attorney and yelled at her for releasing the damaging videos and audios without a "consultation" with him.

Then, reportedly, the policy of access to records was changed, allowing access, on demand, to video recordings, but requiring inquirers to sign a "confidentiality agreement" as to audio recordings of criminal proceedings that were supposed to be open to the public.

In the already-released audio recordings the judge allegedly tells prosecutors, without presence of defendant or defense counsel, that he hopes that the jury will "do the right thing".

 "A few weeks later" - after the "do the right thing" ex parte conversation with prosecutors, the judge, a former career prosecutor, "when talking to prosecutors about defendant Borja Francisco Escobar, who faced drug-related charges, Green began referring to Escobar as “Pablo,” apparently in reference to the notorious Colombian drug lord. Green then indicated he would give Escobar a 25-year sentence, even though Escobar had yet to stand trial."

Apparently, the judge made up his mind as to the defendant's guilt before the trial.

Moreover, several motions to vacate criminal convictions were reportedly filed.

One of them asserts that a former juror came forward and stated that, when a criminal jury was deadlocked and a mistrial declaration was required, Judge Green came to jury deliberation room and, without presence of prosecution or defense, told the jury that he will not accept a deadlocked (mistrial) decision, sent them home, and they convicted the defendant the next day after 45 minutes of coerced deliberation.

Apparently, it was easier for the holdout juror to convict the defendant than to disobey the judge who said he will not accept a mistrial.

The case shows how CRITICALLY important are court surveillance cameras with audio and video recording, and how CRITICALLY important it is to have such recordings preserved for a substantial time, so that the defense and the public can review such recordings months and even years after a criminal conviction.

Georgia is a death penalty state, by the way, and having a judge who is nothing more than a behind-the-scenes aide to the prosecutor is not only illegal - it is absolutely disgusting.