BY ALEX MCRAE
THE TIMES-HERALD
Susan Elizabeth Weaver was just 19 years old when she died after ingesting an overdose of drugs.
The man who supplied and administered the drugs, Joseph Chad Taylor, will spend the next 15 years in prison for involuntary manslaughter. He was sentenced this week in Coweta Superior Court.
Weaver's mother, Karen Aulicky, believes Taylor was convicted of the wrong crime.
"I think he is guilty of murder," Aulicky says. "I'm sorry he isn't going to jail for that."
The problem isn't establishing guilt. An autopsy performed by the GBI after Weaver's death showed that she died from "the synergistic effect of alprazolam and methadone." Alprazolam is sold under the trade name Xanax.
Taylor admitted supplying and administering the Xanax and liquid methadone that contributed to Weaver's death, but proving him guilty of felony murder was not as easy as it sounded. Not because of the facts. Because of Georgia law.
Soon after Taylor's arrest, law enforcement authorities told Aulicky they hoped to see Taylor prosecuted for felony murder. But once the case was studied by Pete Skandalakis, district attorney for the Coweta Judicial Circuit, and John Cunningham, the assistant district attorney who prosecuted the case, it was decided to charge Taylor with involuntary manslaughter instead of felony murder.
"I'm not angry, but I'm frustrated," Aulicky says. "Pete and John did a good job explaining things to me and I know why they prosecuted for involuntary manslaughter. But I've been told he may be eligible for parole in seven years, and I don't want him to get out and do harm to someone else."
Skandalakis says he understands Aulicky's frustration but believes his office made the right call.
"These are never easy decisions," Skandalakis says. "And I feel for the families involved. But we felt this gave us the best chance for a guilty verdict. And that's what we got."
Under current Georgia law, when someone dies as a result of ingesting illegally-supplied drugs the supplier can only be charged with felony murder or involuntary manslaughter.
Skandalakis says that to prove felony murder, the state must prove not only that the accused illegally distributed the drugs, but also that the act of illegally distributing the substance was dangerous in itself. In other words, the state must prove the person illegally distributing the drugs knew they were delivering a product that, if ingested under certain circumstances, could lead to death.
Examples cited by Skandalakis include a distributor being aware he was supplying cocaine cut with another substance that increases the danger of ingesting the drug or delivering drugs so pure their ingestion could result in death.
"It's a higher standard of proof," Skandalakis says. "It makes the job tougher for everyone. Right now you not only have to prove the person illegally distributed the drugs, you have to also prove they knew the drugs they distributed were inherently dangerous. That's one more thing for a jury to consider and it's always best to present a jury with the simplest possible case."
Skandalakis says things are different in Florida, which has a controlled substances homicide law under which someone who illegally distributes drugs that lead to another's death can be charged with murder.
"It's a lot cleaner statute," Skandalakis says. "I would like to see something similar here in Georgia."
Skandalakis says he had already been thinking about a solution to the problem and had held informal preliminary discussions with colleagues about a new law that closely matched the Florida statute.
When the Weaver case came up and he spoke to the victim's parents, Skandalakis got more serious about his idea.
"This case definitely renewed my interest in getting a new law passed," he says.
Skandalakis sent an e-mail to Georgia's other 48 district attorneys outlining his proposal and asking for their comments.
The response was positive and Skandalakis and colleagues began making plans to draft new legislation.
Meanwhile, Karen Aulicky was learning more than she ever dreamed about Georgia law and one of the drugs that led to her daughter's death ... liquid methadone.
"I'm still shocked that a one-time use of methadone could cause my daughter to die," Aulicky says. "I firmly believe that was the only time she ever tried methadone. People don't realize how dangerous that drug is, and I want to do everything I can to let people know about this."
She may soon get her chance.
Skandalakis and some of his fellow district attorneys are drafting a new law similar to Florida's controlled substance homicide statute. He says that is the easy part. Once the law is drafted, Skandalakis and his supporters must find a legislator willing to sponsor the bill in the Georgia General Assembly and then solicit support from the public.
This is where Aulicky's involvement will be vital.
Says Skandalakis, "Whenever you have a new bill, it's always better if you can demonstrate how the new law will make things better by showing someone whose life has been affected and letting them explain how a new law could help others avoid going through the same thing."
Aulicky says when the time comes she will be ready to add her support to any new legislation. She says she is prepared to make calls, write letters, send e-mails and speak publicly for as long as it takes to get a new law passed.
"I know to get this done you have to reach the right people," Aulicky says. "I know Pete will do his part and I'll do mine, whatever it takes. If we can help others avoid what we went through it will be worth the effort. I don't want what happened to my daughter to be her only legacy."
Monday, April 5, 2010
Ga. Supreme Court rebuffs sex offender registry challenge
By Bill Rankin
The Atlanta Journal-Constitution
The Georgia Supreme Court has upheld a provision of the state's sex offender registry law that requires some people who have not committed sex crimes to register as sex offenders.
The law, said to be one of the toughest in the nation, allows the state to keep a tight leash on child molesters, rapists and other sexual predators after they have served their prison time. But it also requires anyone convicted of kidnapping or false imprisonment of a minor to register as a sex offender regardless if a sexual act was committed.
The challenge was brought by Jake Rainer, who committed a drug robbery in Gwinnett County in May 2000. Rainer and his co-defendants picked up a 17-year-old girl who was going to sell them some marijuana. Instead of making a deal, they drove her to a cul-de-sac, took the pot and abandoned her.
Rainer pleaded guilty to robbery and false imprisonment. Because of the latter conviction, he now has had to register as a sex offender. This means he cannot live or work within 1,000 feet of places where children congregate, such as parks, schools and swimming pools.
Writing for a 5-2 majority, Justice Harold Melton rejected arguments that the provision, as applied to Rainer, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, "are regulatory, not punitive, in nature."
"Because the registration requirements themselves do not constitute punishment, it is of no consequence whether or not one has committed an offense that is 'sexual' in nature before being required to register," Melton wrote.
The law also advances a legislative goal of requiring the state to alert the public as to the whereabouts of offenders who harm children, Melton said.
Writing in dissent, Chief Justice Carol Hunstein said that although registration as a sex offender may not be considered punishment, "it is no mere administrative formality or minor inconvenience."
Hunstein added that an offender who commits a sex crime while kidnapping or falsely imprisoning a victim "would clearly be covered" by other provisions of the registry law.
Department of Corrections records show there are dozens of offenders like Rainer who must register as a sex offender even though they committed no sex crime.
Legislation making its way through the state House may give such offenders a way to be released from the law's tough residency and employment restrictions. House Bill 571, which has the support of key lawmakers, allows offenders to petition Superior Court judges to remove them from the registry.
In other decisions released Monday, the Georgia Supreme Court:
Upheld the death sentence against Stacey Ian Humphreys, who killed Cobb County real estate agents Lori Brown and Cynthia Williams in November 2003.
Reinstated the convictions against Ali Nejad, the so-called "pantyhose rapist" who was sentenced to 35 years in prison for abducting women near Midtown and making them wear pantyhose before he sexually assaulted them.
Ruled that a man convicted of armed robbery and aggravated assault could not challenge his convictions because his court filing, which he mailed from prison a few days before the deadline, arrived at the clerk's office one day late.
Ruled that a class action lawsuit filed against natural gas supplier SouthStar Energy Services by customers who claim they were overcharged can proceed to trial.
The Atlanta Journal-Constitution
The Georgia Supreme Court has upheld a provision of the state's sex offender registry law that requires some people who have not committed sex crimes to register as sex offenders.
The law, said to be one of the toughest in the nation, allows the state to keep a tight leash on child molesters, rapists and other sexual predators after they have served their prison time. But it also requires anyone convicted of kidnapping or false imprisonment of a minor to register as a sex offender regardless if a sexual act was committed.
The challenge was brought by Jake Rainer, who committed a drug robbery in Gwinnett County in May 2000. Rainer and his co-defendants picked up a 17-year-old girl who was going to sell them some marijuana. Instead of making a deal, they drove her to a cul-de-sac, took the pot and abandoned her.
Rainer pleaded guilty to robbery and false imprisonment. Because of the latter conviction, he now has had to register as a sex offender. This means he cannot live or work within 1,000 feet of places where children congregate, such as parks, schools and swimming pools.
Writing for a 5-2 majority, Justice Harold Melton rejected arguments that the provision, as applied to Rainer, was cruel and unusual punishment. Sex offender registry laws, Melton wrote, "are regulatory, not punitive, in nature."
"Because the registration requirements themselves do not constitute punishment, it is of no consequence whether or not one has committed an offense that is 'sexual' in nature before being required to register," Melton wrote.
The law also advances a legislative goal of requiring the state to alert the public as to the whereabouts of offenders who harm children, Melton said.
Writing in dissent, Chief Justice Carol Hunstein said that although registration as a sex offender may not be considered punishment, "it is no mere administrative formality or minor inconvenience."
Hunstein added that an offender who commits a sex crime while kidnapping or falsely imprisoning a victim "would clearly be covered" by other provisions of the registry law.
Department of Corrections records show there are dozens of offenders like Rainer who must register as a sex offender even though they committed no sex crime.
Legislation making its way through the state House may give such offenders a way to be released from the law's tough residency and employment restrictions. House Bill 571, which has the support of key lawmakers, allows offenders to petition Superior Court judges to remove them from the registry.
In other decisions released Monday, the Georgia Supreme Court:
Upheld the death sentence against Stacey Ian Humphreys, who killed Cobb County real estate agents Lori Brown and Cynthia Williams in November 2003.
Reinstated the convictions against Ali Nejad, the so-called "pantyhose rapist" who was sentenced to 35 years in prison for abducting women near Midtown and making them wear pantyhose before he sexually assaulted them.
Ruled that a man convicted of armed robbery and aggravated assault could not challenge his convictions because his court filing, which he mailed from prison a few days before the deadline, arrived at the clerk's office one day late.
Ruled that a class action lawsuit filed against natural gas supplier SouthStar Energy Services by customers who claim they were overcharged can proceed to trial.
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