Thursday, May 26, 2005
Gwinnett County (Georgia) Prosecutor Danny Porter has decided to proceed with two counts against the runaway bride. (see Atl. Jrl Const. here) Although I have not been able to secure a copy of the indictment as of yet, according to the Atl. Jrl Constitution, the two charges are: "one felony count of making false statements and one misdemeanor count of falsely reporting a crime." If a plea is not worked out here, it is likely that there will be legal issues regarding jurisdiction and as to whether there is evidence of one of the elements in the statute. Obviously the defense may have other legal issues to present.
For example, the misdemeanor of falsely reporting a crime in Georgia is found in 16-10-26. The statute states, " A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor."(emphasis added). Did the accused give a false statement to someone in law enforcement of this state? The answer to this question remains to be seen.