Ex-APS employees try to have cheating indictments dismissed

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ATLANTA - Lawyers are launching multiple attacks at the state’s case against 35 Atlanta educators accused of cheating on standardized tests.

The hearing began with a motion to dismiss the indictments against all of the educators.

Investigator Richard Hyde took the stand briefly and defense attorney Brian Steele questioned him to try to prove misconduct by the district attorney's office.

He said the constitutional rights of those who gave statements were violated.

The judge decided to hold off on hearing the testimony, saying it would take too much time and the hearings should be rescheduled.

Former Atlanta Public Schools superintendent Beverly Hall’s attorney, David Bailey, presented a motion to dismiss, claiming that the governor’s office didn’t have the authority to hire investigators or administer a lawful oath to the educators who were being interviewed for cheating.

“It’s perfectly logical. This unusual problem needs an unusual solution,” attorney John Floyd said.

The judge said he is inclined to rule against the motion filed by Hall’s attorneys, but said he will need advisement from the Appellate Court. More attorneys will have their shots at the indictment heard throughout the day on Wednesday.

The former educators are charged with racketeering and cheating. Prosecutors said they have 400 to 500 witnesses and want to introduce more than 1 million documents.

Channel 2’s Carl Willis is at the hearing and will have the latest information on Channel 2 Action News beginning at 4.