• Judge decides on whether to toss APS indictments


    ATLANTA - An attorney for Atlanta Public School's former superintendent testified in court Tuesday as a judge decides on whether to throw out indictments in the district's test-cheating scandal.

    This development comes after 35 APS educators, including former superintendent Dr. Beverly Hall, were accused in March of cheating on standardized tests, lying to cover it up, and taking bonuses based on improved performance.

    Channel 2 Action News is back in court for the latest round of proceedings.

    Hall's attorney, J. Tom Morgan, and other lawyers are arguing that evidence in the case was tainted. They said APS employees were told to cooperate with the investigation or face termination.

    Channel 2's Carl Willis has spent the day at Fulton County Courthouse, where judge Jerry Baxter said he’s seriously concerned about the prosecution's case.

    Prosecutors are defending the indictment as the defense continues to assault how the evidence that made the case was gathered.

    Defense attorneys are keying in on the Garrity rule or warning. It's a legal term that says information gathered from a public employee after the threat of being fired is compelled, and cannot be used in criminal proceedings.

    The defense says it's point is simple: APS employees were told to cooperate with the investigation or face termination.    

    Because of that, they say the information they told investigators should not have been presented.

    Baxter made statements that suggest he has serious issues with how the case was built.

    "My problem is I think from the get go that everyone is aware of the Garrity problem and it's a little disturbing how it was handled," said Baxter.

    Willis will have live updates on the hearing on Channel 2 Action News starting at 4.

    Click here to read stories and watch videos about the APS cheating case.

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