DOUGLAS COUNTY, Ga. — The Douglas County attorney has called a grand jury request to widely publish its findings a move that's "overstepped the law," as he pushes back against the legitimacy of the grand jury's findings and recommendations.
An Oct. 17 grand jury presentment calls for the removal of Renee Godwin, the county's elected coroner.
The grand jury convened at the order of Chief Superior Court Judge David Emerson and explored the legitimacy of complaints that the coroner did not properly report child death cases or effectively operate her office.
[READ the grand jury presentment]
A contempt case tying back to allegations regarding death reports was settled between Godwin and prosecutors in August, with prosecutors saying there was never a violation of a previous court order alleging Godwin did not properly notify the DeKalb medical examiner of a child death.
Godwin in turn agreed to undergo additional training for her staff regarding child fatality reports.
While the grand jury acknowledged current compliance in that area, it recommended Godwin be removed from office because she admitted to not having managerial experience, and it held her accountable for other financial and facility shortfalls.
But Godwin's attorneys, as well as the county attorney, say the presentment misrepresents Godwin, who is in legal compliance with her job duties.
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Channel 2 Action News obtained an Oct. 23 email from county attorney Ken Bernard to District Attorney Ryan Leonard and Chief Judge David Emerson.
In the email, Bernard says the grand jury's recommendations are out of context with facts. For example, he said, the recommendations forbid the hiring of family members, a problem that was raised during the last coroner's administration, not Godwin's.
Bernard points out that many of the recommendations relate to issues that are beyond her control, such as the county budget.
Bernard speaks to the grand jury's request to publish its recommendations beyond the normal requirement of publication in the Douglas Sentinel, by posting them in The Atlanta Journal-Constitution and on the county website.
"My legal concerns relate to the clear attack on a county official. Even though Grand Jurors are charged with inspection of offices, the Courts have clearly ruled that attacks on individuals are improper unless an Indictment or Special Presentment is filed," Bernard's email reads.
"The current presentment clearly and specifically casts reflections of misconduct and impugns the coroner's character. When read as a whole everything is aimed at the coroner," another portion reads.
"Statements about her 'unethical and unprofessional' X are specific character attacks in violation of established case law."
Bernard ends the email by saying the county does not endorse the grand jury's recommendations and, unless ordered to do so by the court, it won't publish the findings on the county website.
Channel 2 investigative reporter Nicole Carr spoke with one of Godwin's attorneys, who is also her advisor, Christina J. Peterson.
Peterson also serves as the vice chair of the Douglas County Democratic Party, a group that conducted an independent audit of the allegations prior to the contempt case settlement.
"Poli-tricks. I would summarize the grand jury's general presentments as ‘poli-tricks', Peterson told Carr. "(It's) the fact that they're trying to use some of these things -- some of them not in her control or in her power, such as where the morgue is located -- it looks bad to the public when, in essence, she's not in violation of any law or any order."
Peterson said the presentment should not have been publicly released because of its context and damaging nature to Godwin's reputation.
"She's qualified and she was elected," Peterson said. "Get over it, at this point."
Carr also contacted the president of the Georgia Coroners Association, the organization requested by the grand jury to remove Godwin.
At news time, Carr had not heard back from the association, the Douglas County district attorney or Emerson.
Cox Media Group
