DeKalb County

Judge recuses himself from suspended DeKalb sheriff's whistleblower trial

DECATUR, Ga. — A DeKalb County Superior Court judge has recused himself from a whistleblower case involving embattled Sheriff Jeff Mann and one of his top administrators.

Mann and Chief Xernia Fortson are being sued by a former Sheriff's Office employee who says she was fired after raising ethics claims.

Darling Thompson alleges she and other employees were forced to work on Mann’s campaign, using county resources and time. Fortson was Thompson’s supervisor at the time.

Thompson also alleges she was made to clean Fortson’s home and buy her groceries.

Thompson said she was fired after raising ethics concerns. She filed suit in 2014, and was expecting to face Mann and Fortson in trial on Tuesday before concerns were raised by the judge overseeing the case.

Superior Court Judge Clarence Seeliger cited a perception of conflict, given the relationship of the Sheriff’s Office with DeKalb County courts.

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“The Sheriff’s Department works closely with the judges,” Seeliger said. “They provide our security and serve our papers. So, for that reason, the appearance has required me to recuse myself from the case.”

“It’s been a long three years of rebuilding,” Thomspon told Channel 2 after the hearing. “It’s been very difficult, but we’re holding up. We’re holding on.”

One of Thompson’s attorneys said Seeliger made the right call.

“We respect the judge’s decision and we look forward to whomever is going to hear this case so that Ms. Thompson can have her day in court,” Samantha Holloway added.

The trial was previously scheduled to begin Tuesday, right in the middle of Mann’s 40-day suspension. The punishment was issued last month by Gov. Nathan Deal, following a state investigation into Mann’s indecency case with the city of Atlanta.

Mann is facing charges tied to performing sex acts on himself and exposing his private parts in Piedmont Park on May 6. Channel 2 obtained exclusive home surveillance video showing Mann running from police before his arrest.

Mann pleaded not guilty on obstruction and indecency charges last month. He was set to go to trial in that case on Friday in Atlanta Municipal Court, but his attorney asked the court to reset the date. Mann will return to court in late July.

Mann’s legal ties

The timeline to assign a judge to Mann and Fortson's whistleblower case is unclear, although Seeliger suggested whoever takes the bench in this case shouldn’t be from bordering counties.

Mann is a former county attorney and past president of the local bar association. He has strong relationships with the legal community.

County attorneys Shaheem Williams and Terry Phillips represent Mann and Fortson in the whistleblower case, while Noah Pines, a private defense attorney, represents Mann in the indecency case. The DeKalb County Superior Court on Tuesday afternoon declined to comment on the pending litigation.

Cox Media Group

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