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83:1 5::-

IN THE SUPERIOR COURT OF CHATHAM COUNTY

FILEDSWREGEORGIA'
STATE OF GEORGIA
.
2023 "A
.
. __
3 p) lbDANA CROSBY
'
V. SPCR22- 02618- J1

DARRELL AARON ,ERCcm. ," 1R C'T INDICTED / SPCR22—03560-J1

CHATHI'aM CDC GA
SPCR22-02729-J1 JARMAINE EADY

))))))))))))))))))))))))))))))))))))))
SPCR20-00988-J3
RONEY ADDISON SPCR21-01630-J1
SPCR22-01277—J1 SPCR22-01850-J1
SPCR20-01392-J1
RAKEEM GIBBS
ANDREW BAGGS SPCR22-00986-J1
SPCR22-02877-J1
TELLY GREEN
KEVONNE BIGGINS SPCR21—02601-J1
SPCR22-02911-J1
ALBERT HALL
DEAN GELO BOLDEN SPCR21-02360-J1
SPCR21-04942-J1 SPCR21-02358-J1
SPCR19-02 155—J 1
JASON HOLLOWAY
IVORY BROOKS SPCR22-03185-J1
SPCR21-02322-J1
'
SPCR22-01634-J 1 HOWARD JACKSON
SPCR21-02341-J1
JOSHUA BURNSED
SPCR21-00071-J1 RICKY JACKSON
SPCR21L04522—J1 CR09—0558-J1

DAMIEN CARTER ALLEN JOHNSON

SPCR19-02542-J1 SPCR21-02237—J1
SPCR21—03237-J1
SARA J OPLING SPCR21-03116-J1
SPCR22-03480-J1 SPCR22-00562-J1
SPCR22-02098-J1
ALLEN KING
CR15-0319-J1 ZHAEJUAN JOHNSON
SPCR21-03928-J1
WILLIAM KITCHENS CR13-2069-J1 / CR15-1435-J1
SPCR21-00702-J1
SPCR21-02696-J1 TYREE LATSON
SPCR22-03074-J 1 SPCR21-02198—J1
SPCR22-02042—J1

"
ENTERED
M 0 3 2023
GREGORY LEWIS CARLOS MIDDLETON

))\.l)))))))))))).)))))))))))))))))
SPCR21-02572-J1 . SPCR21-03010—J1
SPCR21—02253-J 1 SPCR22-00194-J1

MICHAEL MCKISSICK JOSEPH MILLER

SPCR22-02623-J1 SPCR22-00821—J1

DARREL MICHAELS ALEXIS MILTON

SPCR22-02698-J1 SPCR22—01482-J1
SPCR22-02969-J1
MICHAEL MITCHELL
DAMIEN SCHRECENGOST SPCR21—o3322—J1
SPCR22-01729-J1
XAVIER PEEPLES
LEILANI SIMON SPCR21—04864—J1
SPCR22—03364-J 6
RAHEEMSABB
CARLOS SMITH SPCR23—00057—J1
SPCR21-01057-J1 CR14-2788-J1 / CR14-2425—J1

MARCUS SPEAKS GILLIS WATTS

SPCR20-01760-J1 SPCR21—00303-J 1

ERIC STROMME MARCUS WILLIAMS

SPCR22-01773-J1 SPCR23-00167-J1

DEMPSEY WALKER MARQUEL WILLIAMS

SPCR22—00436-J1 SPCR22-02192-J1

KENNETH WRIGHT
SPCR21-04258—J1
SPCR21-04443-J1

MOTION TO PERMIT REASONAELE ACCESS AND

IN JAIL VISITATION AT THE CHATHAM COUNTY DETENTION FACILITY

Comes now the Defendant by and through the findersigned counsel and pursuant to the

Sixth Amendment and Fourteenth Amendment of the US Constitution and Article 1, Section 1,

Paragraph XIV of the Constitution of the State of Georgia and files this Motionto Permit
'

Reasonable Access and In Jail Visitation at the Chatham County Detention Center and as good

grounds would state:

1 . That prior to the pandemic caused by Covid 19, attorneys were permitted access to visit

incarcerated clients at the Chatharn County Detention Center (CCDC) at any time of

the day / seven days a week. There was no scheduling requirement and attorneys were

allowed to show up' unannounced for such in jail visits.

. That during the

pandemic?
CCDC imposed certain restrictions / limitations as to in jail

visitation seemingly based on safety concerns and guidelines recommended by the

Center for Disease Control.(CDC).

. That during the pandemic, the Georg'ia Supreme Court issued a number of Statewide

Judicial Emergency Orders which dealt with the closing of courthouses and access to

courtrooms. These Orders cited guidance provided by the CDC as well as Georgia

Department of Public I-lealth and Local Health Departments.

. That on June 30, 2021, the Emergency Judicial Orders issued by the Georgia Supreme

Court expired as to the statewide provisions. Local courts were then allowed to

implement local measures to deal with local operation of courthouses and court room

access to ensure publicsafety while increasing the operation of the courthouses.

. That during the summer o_f2021, the Courts in Chatham County began to re-open which

allowed for the increase operation of business and to increase the functioning of the

criminal juStice system.

6. That despite the re— opening of the courthouse in Chatham County and the increased

functioning of the criminal justice system, there has been no modification of the

restrictions / limitations of in jail visitation which were imposed during the pandemic

at CCDC.
7. That the following are the restrictions / limitations at the CCDC as to attorney in jail

visitation with clients.

a. All visitation / contact must. be during the" working hours of 9-5, Monday

through Friday.

b. No weekend access or evening access permitted, even if the inmate is involved

K

in a criminal jury trial.

c; "In person" visits: must be scheduled via email at least 48 hours in advance.

d. Jail ATM / Virtual Visits: must be set up at. least the date preceding the desire

visitation date.

e. Telephone consults which must be set up through counselors within the inmates

pod.

8. That "in person" visits. usually are scheduled days after the email request and only if

the schedule permits. The duration of the visits are limited.

9. That Jail ATM virtual visits have proven to be ineffective for a variety of reasons
.

including but not limited to:

a. Faulty equipment at CCDC

b. Lack of equipment at CCDC

c. Compromise of confidentiality at CCDC in that inmates can be overheard.

d. Inability to show documents / discovery / exhibits / etc.

10. That the restrictions / limitations imposed at CCDC are not based on safety concerns

which may have existed during the pandemic.

l 1. That these restrictions / are not reasonable and as a result, inmate

limitations imposed

/ clients are being denied meaningful access to their attorneys.

12. That inmates at CCDC are being denied their right to communication with counsel

which is guaranteed by the US Constitution and Constitution of the State of Georgia.

The right to communicate with counsel includes the right to access. Geders V. U.S.,

425 US 8O (1926). This right to access is also a due process right guaranteed by the

Fourteenth Amendment. Procunier V. Martinez, 416 U.S. 396 (1974).

13. That Courts have inherent authority and power to broaden access to inmates where

circumstances indicate that entry to, or the ability to meet confidentially within a jail

has been unreasonable restricted. Wolfish v. Levi, 573 F. 2d 118 (2nd Cir. 1978); US

v. Whitehom, 710 F. Supp. 803 (l).D.C. 1989); Nicholson V. Choctaw County, 498 F.

supp. é9s (so. Ala. 1980)

14. That Courts can also strike down regulations which inhibit access to counsel as

violative of the Sixth Amendment where "obvious, easy alternatives" exist. Turner v.

my, 482 Us 78 (1987)

15. That Courts have also been skeptical about the adequacy of the telephone and even

Video communication. In U.S. v. Davis, 449 F. Supp. 3d. 532 (D. Md. 2020), the Court

founds phones and other pandemic "alternatives to in person meetings" such as fact

time and zoom, to be "no substitute for a face to face, in person, contact meeting

between attorney and his client."

16. That in Geders v. U.S., 425 U.S. 80 (1976), the U.S. Supreme Court held that a trial

judge's order preventing a Defendant from consulting with his counsel during a 17 hour

overnight recess deprived the Defendant of his right to assistance of counsel.

 Wherefore, the undersigned counsel request. this Court to compel CCDC and/or Sheriff's

Office of Chatharn County reasonable access and in jail visitation at CCDC to include but

not limited to in person visits 24/7, which eidsted pre-Covid.

Respectfully submitted this E day of

March%w/@
W Jr., APD
Robert Attridge
Georgia Bar No. 311087
PUBLIC DEFENDER'S OFFICE
Post Office Box 9176
Savannah, Georgia 31412
Phone: (912) 447-4901/ Fax: (912) 447-4909
rwattri@chathamcounty.org

CERTIFICATE OF SERVICE

This is to certify that I have this date served all parties and/or their counsel of record in

the foregoing matter with a copy of this document via hand delivery to: z

Office of the Chatham County District Attorney

Respectfully submitted this j'7

day of March, 2023.
/ 1/'1
fioben W. Attridie, Jr.
Robert W. Attridge Jr., APD
Georgia Bar No. 311087
PUBLIC DEFENDER'S OFFICE
-
Post Office Box 9176
Savannah, Georgia 31412
Phone: (912) 447- 4901 /Fax: (912) 447- 4909
rwattri@chathamcounty. org