Thomas temporarily blocks Graham testimony in Georgia case
In the midst of his testimony in a Georgia death penalty case this week, attorney Ben Bailey made a point to the jury by repeatedly telling the court that he had no information about anything involving jurors or jurors’ families. As he went into his testimony, he said that it wasn’t a case about Georgia’s death penalty laws, or whether or not the jury had been properly empaneled, or any one of those things.
“This case was about the death penalty,” he said.
But when Georgia is done with his testimony, Bailey will be asked about that question, and the state’s attorney’s office will bring his answers to the judge as background during the sentencing phase of the penalty phase of David Alan Smeltzer’s life.
He has asked the court for a break from his testimony for the same reason he asked for one Thursday from the jury about its deliberations in his client’s case.
“I have been in your court many times,” Bailey said in one of his questions to the jury the day before his cross-examination began. “I have never been asked to step away from the stand before. I am not even sure what your term is for my taking a day off. But, I had a request to give my reasons, my reasons for being there today. That request was not honored.”
Bailey’s request to take a day off from testifying in his client’s case was granted by Judge Bryan Welch on Monday afternoon, allowing Bailey to spend a day in Atlanta with his family and friends. After the hearing, Bailey declined to discuss the matter further, saying only that he will comply with Welch’s order if he’s called to testify in the case on Tuesday.
But in a series of recent court hearings, it’s become clear that the Georgia attorney in the case has been doing some interesting things.
At the start of cross-examining the victim’s mother, Gwinnett County Assistant District Attorney Michael Beatty made it clear that he was going to show his client’s mother only some of the things that had been reported in media reports about the case.
“If you will recall, your honor