Ex-Atlanta Public School Superintendent Beverly Hall arrives at court with her attorney J. Tom Morgan on Friday, May 3, 2013.
ATLANTA -- Attorneys for former Atlanta schools superintended Beverly Hall are challenging the legality of the investigation that produced the indictment against Hall and 34 other Atlanta school employees.
Dr. Hall's attorneys contend that Governor Sonny Perdue illegally appointed former Attorney General Mike Bowers and former DeKalb District Attorney Bob Wilson to lead the investigation into APS. A brief filed by Dr. Hall's attorneys also contends that state law never gave them the authority to interview APS employees under oath.
The brief says "the Governor's investigatory power is secondary (to the Attorney General's) and limited and scope and did not authorize him to independently conduct the APS Investigation, to administer oaths in aid of that investigation, or to delegate such powers to" Bowers and Wilson.
"And if they didn't have that type of authority, then the whole case goes away and everything they allegedly uncovered would have to be suppressed," said Gerald Griggs, one of the defense attorneys in the case.
Adding a potential fly to all this slippery judicial ointment is a motion by one defendant seeking a speedy trial -- which means that at least one trial could begin this summer instead of may of next year.