Georgia coin case with some unusual twists is going to trial
stonej
Arizona Coin Collector
"stonej" <sto...@mail.lib.msu.edu> wrote in message
news:a2aa5a58-61f2-46ef...@f40g2000pri.googlegroups.com...
> http://www.ledger-enquirer.com/news/breaking_news/story/465188.html
Hello
Below is and update to the earlier story "stonej" posted.
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FROM:
http://www.ledger-enquirer.com/news/story/465605.html
Posted on Thu, Oct. 09, 2008
Coin dealers win slander suit
Judge rules they were slandered by claims of theft, but still face charges
BY ALAN RIQUELMY
ariq...@ledger-enquirer.com
Andrew O'Connell is accused of stealing coins from Joe and
Tammy Barnes and is scheduled for trial in November. The
Barneses, however, owe O'Connell and his father close to
$200,000 for slandering them by saying they stole their
rare coins, a civil jury found last week.
All this begs the question -- what's going on?
"Our contention is the civil case and criminal case are
independent of each other," said Assistant District
Attorney Shelly Faulk. "It's our intention to proceed."
The whole thing started in August 2006, when O'Connell
appraised some of the Barneses' rare coins, said attorney
Michael Garner, who represents O'Connell in the civil and
criminal cases. O'Connell had the coins for a few days,
returning them with an appraisal of about $3,000 to $4,000.
The Barneses, however, claimed that O'Connell had substituted
less valued coins for theirs, and he went to the Public
Safety Building in late September 2006 for an interview.
After taking a polygraph test and talking to Tammy
Barnes, O'Connell was arrested and charged with theft by
taking, police report.
Garner filed a civil suit on behalf of Andrew and Joseph
O'Connell in October 2006, claiming the Barneses slandered
his clients in the media. He asked for $2.5 million in
total damages.
Instead, a Muscogee County jury decided Friday that
Andrew O'Connell was entitled to $6,000 from Tammy Barnes
and his father to $175,000 from both the Barnes.
"We think the case is full of error," said Matt Pope, who
represents the Barneses.
Pope intends to appeal the case on behalf of the Barneses
to the Georgia Court of Appeals. They have 30 days after
the verdict to submit notice of appeal. Pope said he's
confident of a reversal.
Garner said it's unusual for a civil case to reach trial
before a criminal one. Faulk said Garner requested the
civil case to go first.
"We wanted to get one of them tried," Garner said. "It
had been over two years."
The prosecutor added she will review the civil case
and its issues.
"One verdict doesn't necessarily mean a certain verdict
will be found in another case," Faulk said.
...