Mother upset after call for delay in case of son's beating death

JONESBORO, Ga. — The mother of a teen beaten to death is not happy with the reason a hearing for one of the men accused in the crime was postponed.

"We are very upset. Believe me," Monique Rivarde said.

Rivarde, the mother of 18-year-old Bobby Tillman, became upset after the attorneys for one of the men accused of beating her son to death asked a judge to delay an evidentiary hearing indefinitely.

The attorneys for Tracen Franklin wanted to evaluate the impact of a serious head injury they learned he received in jail.

When the defense couldn't say when the evaluation would be complete, the judge ruled on the motion.

"The court is gonna deny the motion for continuance," Douglas County Superior Court Judge William McClain said.

The judge said nearly 2 two years after the death of Tillman it didn't make sense to postpone any hearings and possibly push back the start of trial on the chance the evaluation could prove helpful to the defense.

Rivarde and her family praised the judge for his decision.

"We said yes. We said amen," she said. "We have a competent judge and D.A."

Rivarde understands the defense has to represent their client, but the motion still angered her. "It definitely disturbed me. It's a stall tactic. It's a stall tactic," she explained outside court.

Franklin is among four teens accused of beating Tillman to death after they confronted him at a party that had gotten out of control in November of 2010.

Tillman was an innocent bystander. Franklin faces the death penalty.

Rivarde said another downside to these postponed hearings is she has to keep seeing the defendant. Every time I see the defendant I get angry. I do. This boy beat my son to death," she said.

Rivarde, her sister, daughter and mother said the good thing is the trial date hasn't been disturbed. It is set for August 13.

Even though the judge denied the motion to postpone the hearing it never happened and no one could explain why.

One of the teens has already pleaded guilty and is serving a life sentence.

http://bcove.me/nx5vawzd

WSBTV