Cop Convicted Of Lying About Shootout

An Atlanta Woman, 92, Was Gunned Down Mistakenly In A Botched Raid

(AP)  A jury convicted an Atlanta police officer Tuesday of lying to investigators after a disastrous drug raid that resulted in the death of a 92-year-old woman, but cleared him of two more serious charges.

After deliberating for parts of four days, the jury convicted Arthur Tesler of making false statements. He was acquitted of charges that he violated his oath of a public officer and false imprisonment under color of legal process.

Tesler, who is on leave from the police force, faces up to five years in prison.

Plainclothes narcotics officers burst into Kathryn Johnston's northwest Atlanta home on Nov. 21, 2006, using a special "no-knock" warrant to search for drugs. Johnston fired a single bullet at the invaders, and they responded with a hail of 39 bullets. Johnston was hit five or six times.

Tesler, 42, was the only officer involved to face a jury on charges related to the raid. Two other officers, Jason R. Smith and Gregg Junnier, have pleaded guilty to state manslaughter and federal civil rights charges.

Police originally said they had gone to the woman's house after an informant bought drugs there from a man known only as "Sam." But in the weeks after the killing, a probe revealed holes in the story.

After searching the home and finding no drugs, the officers tried to cover up the mistake, prosecutors said. They said Smith handcuffed the dying woman and planted three baggies of marijuana in the basement of her house. He then called informant Alex White and told him to pretend he had bought crack cocaine at the house, they said.

White later filed a federal lawsuit against the city and police, claiming that police kidnapped and held him against his will for hours in hopes he would help them with the cover up.

Tesler was stationed at the back of Johnston's home and never fired a shot during the raid, according to testimony. He testified that his former partners, Smith and Junnier, planned the cover up, and said he feared they would frame him if he didn't go along with their plan.

Tesler's family declined to comment after the verdict.

The shooting brought scrutiny to the police use of no-knock warrants, which are typically used to search for drugs and weapons. The state Senate has since voted to tighten requirements to obtain the warrants, but the House has yet to follow suit.

The botched raid also led to an investigation of the Atlanta Police Department, which forced the department to tighten its warrant requirements, and led to a shakeup of the narcotics unit.

The shooting, which took place in a crime-ridden west Atlanta neighborhood, has enraged many civil rights activists who say it was an example of the police department's shoddy treatment of residents in Atlanta's poor neighborhoods.

Some of the activists expressed relief at the verdict. The Rev. Markel Hutchins, a Congressional hopeful and spokesman for Johnston's family, called the verdict "a measure of justice."

"Is it complete justice? We don't think so," Hutchins said outside the courtroom. "But what we do know is too often police officers have been found not guilty for crimes they've committed. Kathryn Johnston today is vindicated."

[glock4me]

I''ve always thought it was best to "stake out" a criminal''s residence and bust him in a semi-public place. I think the whole Waco thing could have been avoided if they arrested David Koresh when he went to 7-11 to get some beer.

Typical government error... whoops, wrong house!!! Yeah, why not put them in charge of health care too.

[bhappy2-2]

And, yet, some people still believe that ONLY Police and the Military should have guns. Personally, I will keep my own gun and defend myself and my family if and when needed. Even if it is against rouge cops such as this one. I just feel more secure when I have the ability to defend myself.

[michellem99-2009]

Good they took a bully COP out. That poor lady.

[cbsblogger]

It is still far more important for police officers to be held to a standard of "protect, serve, and defend" the citizens than being cowboys in the pursuit of criminals.

In other words citizens should depend on the protection of law enforcement much more than they need to be afraid of being co-opted and attacked by overzealous officers in an effort to take the bad boys off the street.

[cbsblogger]

It is still far more important for police officers to be held to a standard of "protect, serve, and defend" the citizens than being cowboys in the pursuit of criminals.

In other words citizens should depend on the protection of law enforcement much more than they need to be afraid of being co-opted and attacked by overzealous officers in an effort to take the bad boys off the street.

[cbsblogger]

Cops should NEVER do a door busting / night time break in unless they have strong suspicions that innocent victims are held at risk. It should never be done based upon suspicions of non-violent crime.

[stn_sage]

According to another report I''ve read, the suspect who the police claim stated drugs were being dealt from her house, NEVER said that! The no-knock warrant was phony as a three-dollar bill! The lady was defending illegal, armed entry by police, was shot at dozens of times, and brutally murdered by police!

ALL three of these "police officers" should be given mandatory life prison sentences! Anything less is a ''slap in the face'' to the public and cause for concern on our part!

When is the court system going to punish police who commit brutal acts of murder, instead of protecting them? Until it does, WE---the public---will NEVER be safe!!

[mcv57]

Posted by cbsblogger

You sound so naive. Most urban police personnel are animals, some are recruited straight out the Marines (kill or be killed mentality). Some are as crooked and violent as criminals.

Most law enforcement establishments adopt a mafia creed - we protect our own. The system - judges, politicians and police unions - cover-up their tracks to avoid civil and often criminal activity. I hear the law enforcement agency (including the FBI) are worst than Al Capone. Southern politicians hide behind their establishment even in the face of Congressional investigation of corruption - Southern congressmen and politicians use the confederate political tactics to guard themselves against Federal Corruption Charges.

What is the White doing about it? Nothing, the Bushwacker will have enough problems when the international community go after him on "crimes against humanity."

Our government is wallowing in corruption! The FBI and CIA are helpless.

I wish Michael Moore would do reseach on how bad the law enforcement corruption is. Perhaps he is avoiding that issue because he knows he will be killed - police are animals.

[idnnsg]

This woman is another innocent victim of the "war on drugs". This "war" puts the cops at war against the people of this country. They no longer "protect and serve"; they now assault and murder (and then lie to cover up their criminal actions). And we let them get away with by not demanding accountability. Holding the cops responsible for this woman''s death by imprisoning them for murder would be a good FIRST step. Then we have to end this stu.pid "war".

Think about it: we have a "war on drugs", a "war on crime", a "war on cancer", a "war on terror", etc., etc. NOT ONE of these "wars" has ever led to victory, and no such war ever will. The whole approach is totally wrong-headed, ineffectual, and nothing more than an excuse to make war on the people of this country, to keep us too afraid to stand up for our rights while the rich get richer and the working class and poor get poorer and poorer.

[michellem99-2009]

I think the cops are given too much power. It is shot first then ask ?s. Glad they sent the asre up to the big house. I told in my house to shut my mouth by a man. He torn out to be a cop. I could not see him and he never told me he was a cop. That was years ago. I DO NOT ALLOW GUNS IN MY HOME AND WHEN A COP ENTER HE/SHE BREAKING MY RULES. I am blind.

[bobnjersey]

[The botched raid also led to an investigation of the Atlanta Police Department, which forced the department to tighten its warrant requirements, and led to a shakeup of the narcotics unit. ]

maybe the investigation will lead to better methods of abusing others rights and airtight cover-ups that will allow this to happen again w/o risk of detection.

glad to see they took this 92 year old ''enemy combatant'' off the streets ... i feel safer already.

[ranger1948]

As tragic as this was, at least the system does work somewhat and some of the time. Maybe they didn''t receive enough punishment for it, but the police did investigate and prosecute their own. If it becomes where they don''t then we have all lost in society.I am pro police but i do believe they should be held to answer for wrongdoing just like anyone else.

[rushlimpdrug]

A cop that lies?

Pass the donuts. . .

mmmmm. . . . I love the glazed ones. . .

[mcv57]

Some police organization are worst than others (the Southern boys are the KKK under a invisable mask). This episode is only a slap on the hand (political propaganda - sacrificial pig). Cops shoot and kill people every day.

Look at Drew Petersen, murdered his two wifes and still retired on a $70,000 pension. Is that a slap on the face to Law and Order; then again what law, and the only order is corruption these days.

[cantshutup]

this makes me sick and enraged...i cannot imagine the horror this poor, poor 92 year old woman was going through in her last moments on this earth...bless her heart...
i''m so sorry that these NAZI''s, these SCUM, these LIARS and MURDERERS...pretend COPS, murdered this poor,innocent woman...we all need to arm ourselves because this is our present and future--a police state where these NAZI''S patrol and raid the houses of American citizens!! for what? a made up story for a continued "WAR ON DRUGS"??? if the dopers want to fry their brains SO WHAT? Your house is your castle, these "COPS" should be put to death!!!
I''m sorry for this woman''s family...a 92 yr old woman is a JEWEL, a resource of knowledge and wisdom and should have been honored and cherished NOT GUNNED DOWN IN HER OWN HOME!!!!!!!!!!!!!

[brianbwb-2009]

"They said Smith handcuffed the dying woman and planted three baggies of marijuana in the basement of her house. He then called informant Alex White and told him to pretend he had bought crack cocaine at the house, they said."

So Smith just "happened" to have three bags of hemp on him at the time?

The prosecutor apparently did not think this strange, what part of "possession of a controlled substance" does not apply to cops?

A blood test would establish whether the cop was a hemp user, and if he wasn''t, then the question becomes did he procure the pot with intent to frame someone? From where did he get it, and if it was from the cache of confiscated drugs held by the police, then who is responsible for letting it out?

This incident cracks the door to police corruption, and no one is forcing it open, the courts are once again protecting criminals in uniform.

[ranger1948]

brianbwb

[ranger1948]

brianbwb
Nice Post.
To the others on here the police are taking action against these officers. Apparently they have been conducting an investigation of this incident and now are ready to go forward and prosecute. The police should be held to a higher standard and i think overall they are. Give credit wher it is due. If they were not doing there jobs this story would already be forgotten.

[brianbwb-2009]

"To the others on here the police are taking action against these officers. Apparently they have been conducting an investigation of this incident and now are ready to go forward and prosecute. The police should be held to a higher standard and i think overall they are. Give credit wher it is due. If they were not doing there jobs this story would already be forgotten." Posted by ranger1948

I do hope you are right, Ranger, I know you from your posts to be a level headed, logical person, and as such I trust you won''t take my comments personally, it is just that I have personally seen far too many acts that would be called police corruption, and as far as the information in this article, I see no mention of the aspect of drug possession and misuse, which to my eye is an important set of questions that must be answered.

The article mentions this; "Tesler was stationed at the back of Johnston''s home and never fired a shot during the raid, according to testimony. He testified that his former partners, Smith and Junnier, planned the cover up, and said he feared they would frame him if he didn''t go along with their plan."

This seems to be indicative of a deeply entrenched mafia like climate of corruption, that an apparently "good cop" like Tessler fears the others could successfully frame him, is it a common practice within this group? One wonders how many innocent people are in jail because of these people.

[rebelscout]

It seems that since the Bush admin has been in charge this kind of thing has been more and more frequent. Could it be that the Justice Dept. has let the hounds of war run free?

[brianbwb-2009]

"It seems that since the Bush admin has been in charge this kind of thing has been more and more frequent. Could it be that the Justice Dept. has let the hounds of war run free?" Posted by rebelscout

I would differ slightly. It is not more common, it is only now more commonly reported.

If you grew up in 60s Detroit as I did, you would remember a special police unit called S.T.R.E.S.S., an acronym for "stop the robberies, enjoy safe streets". Their method? select a random "Black" person, shoot him twice in the head, and leave the body at an intersection. You might also remember the "Algiers Motel" incident, when the police simply ran wild, shooting and torturing more than thirty people in a single night. One victim was kicked to death, kicked so violently in the head that his eyes popped out of their sockets.

But then all the victims were "Black" and that did not sell papers, it was "normal".

[usmcvn2]

Posted by brianbwb at 02:32 AM : May 21, 2008


Good ole Detroit, USA. Shirley Open School, Holcomb
School, Harding School, Redford HS! Left Detroit for
the MC in 2/67. Its a shame what happened to Detroit
over the years. I have been back a couple of times
in recent years, the old Brightmoor area is a complete
burned out area now. The whole West Side, the same.

[usmcvn2]

Posted by brianbwb at 02:32 AM :

I can remember STRESS in those 1964 Black Dodge cars.

[brianbwb-2009]

I can remember STRESS in those 1964 Black Dodge cars.
Posted by usmcvn2

I lived on 12th and Pingree, later moved to the suburb of Inkster, then to 6-mile and Southfield (wessss siieeed!), The Black dodges were the only thing impressive about STRESS, they would run with anyone on the streets.

[brianbwb-2009]

Posted by usmcvn2

Redford, huh, I remember your guys'' basketball could beat the snot out of Cooley High, but would lose the fights, LOL!

Class of 75, (Dearborn Heights) Robichaud HS, Taylor Center HS, Wayne state U. (but U. of M. Ann Arbor, south Quad, had the best parties in the world, and I have seen enough of the world to know!

We survived Detroit, we should qualify as combat vets!

[brianbwb-2009]

Hey, remember Vernors'' ginger ale? Used to be available only in Detroit, but now it can be gotten elsewhere, but somehow it is not as good anymore.

Same with Top Hat Hamburgers for 12 cents a piece

[usmcvn2]

"Hey, remember Vernors'''' ginger ale? "

Yep, I sure do remember Vernors and TopHat. And Faygo
Pop. "Which way did he go? He whent thata way!"

LOL

[usmcvn2]

"We survived Detroit, we should qualify as combat vets!"

I will never let the Sun set on me in the City of Detroit.

[brianbwb-2009]

"I will never let the Sun set on me in the City of Detroit." Posted by usmcvn2

Well, being a professional musician, frequenting places like Baker''s Keyboard Lounge to watch Kenny Burrell, Esther Phillips, Herbie Hancock, and the like, Watts Club Mozambique, Little Egypt''s Supper Club, and the Rapa House, I hardly ever saw the sun, especially during those beyond cold @$$ winters.

Ironic, the regional music accent of Detroit in large part shaped modern music to this day, but there is no viable music industry there. Pity.

[honestabe8]

Lying cops? I''m SHOCKED, SHOCKED I TELL YOU!

[honestabe8]

brianbwb and usmcvn2: you guys were detroiters? me too. actually, i was a wee lad of 4 when we moved from john r and state fair to east side burbs (st. clair shores). i remember stress, but was not personally impacted. bringing up vernors and faygo gets me nostalgiac...better maid chips and stroh''s beer (although not at the same time, that would have been gross)...SUNday...SUNday night....Sibley and Dix...

[brianbwb-2009]

Posted by honestabe8
Posted by usmcvn2

"Roy O''Brien''s got them buyin, and buyin,
He''s known from many miles away
You''ll save yourself a lot of dollars, dollars
By driving out his way today."

Back to your childhood days of Johnny Ginger, Poopdeck Paul, and Morgus.

[honestabe8]

brian: Thanks for the memories...I had forgotten about Johnny Ginger, Poopdeck Paul and Morgus. That triggered memories of Sir Graves Ghastley, Oopsie the Clown and (for all us REALLY OLD people) Razzle Dazzle on CBC.

[brianbwb-2009]

Posted by honestabe8

Ahh, you''re not so old, Bozo was before Oopsy (who debuted as Bozo''s cousin), and let us not forget one of TVs greatest pie catchers, Soupy Sales, with his friends Whitefang and Blacktooth.

[gopack443]

Maybe if the police where spending more time on fighting crime instead of going for the easy arrest of small time drugs busts the a 92 year old lady wouldn''t need to keep a loaded gun at her side!
The cop plated 3 bag of marijuana. So why wasn''t the cop also arrested for having drugs?

[gopack443]

Maybe if the police where spending more time on fighting crime instead of going for the easy arrest of small time drugs busts the a 92 year old lady wouldn''t need to keep a loaded gun at her side!
The cop plated 3 bag of marijuana. So why wasn''t the cop also arrested for having drugs?

[tresdada]

Seems to me that these cops were trying to be "heroes" in the local newspaper for pulling off a little drug bust. That lady shot in self defense and they pump her with bullets. And the fact that they were in "plain civilian clothes" irrates me. They have uniforms for a reason. That poor lady died thinking she was going to be robbed, or rapped by these men and they kill her without her knowing the truth. They deserve to be treated like all other criminals or even worse because they know the law. I think that the whole force should be held accountable for this "wearing plain clothes" thats just a bunch of ***. They to me give good cops and future cops a bad name!

[lochlan-2009]

"Cop Convicted Of Lying About Shootout"

Doesn''t that make him an accomplice, hindering an investigation?

What ever happened to the reports on the three black guys being assaulted by the 16 cops? Just feel off the planet.

[ekucrew]

The cops involved in the murder of that poor woman should ALL be sentenced to five years ( general population) in the roughest penn in GA... and their arrivals announced to all inmates.

[okcnfrcr]

This is not an indictment against all police. This is an indictment agains corrupt officers who don''t need to be in the profession. They should be punished and probably will. Enough punishment for the death of an innocent woman, probably not but in this case the punishment should be severe. Mistakes can be made but when executing a warrant you should check and double check your facts that are present to get the search warrant signed. Addresses should be and quite often are rechecked, briefings are held to outline a plan of execution of the warrant. Our dept. has actively investigated many complaints and we have had a few officers do time for criminal misconduct. It is one thing to make a mistake in judgement when doing you job, it is quite another to misrepresent evidence or comit criminal acts under the badge you are wearing.

As far as Drew Peterson. Evidence still needs to come forth and it is quite apparent that law enforcement is hoping for a break. From my point of view, he is dirty and arrogant/flippant and always has been, but police still need evidence. you don''t want to file a murder charge without a very good case as it cannot be refiled if it goes to trial and he is found innocent.

[fortuenti]

If not for instances such as this, I would feel some small degree of sympathy for police officers who are killed while enforcing this nation''s perverted--AND RACIST--drug laws. Instead, I snicker and grin upon learning of drug war-related police fatalities... fir they are true enemies of the people''s "inalienable right" to "pursue happiness" via self-medication with drug that are not manufactured by the giant corporations that give millionS --if not BILLION$--to the two major parties and their candidates'' campaigns.

END THE AMERICAN HOLOCAUST. REPEAL DRUG PROHIBITION!

[fortuenti]

If Americans had ANY SENSE of history, they would realize the (white) people of British America didn''t have it as bad as people of ALL races do today. One of the colonists'' grievances against King George III was:

``For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States''''
("them" being the enforcers of BAD LAWS)
-- from The Declaration of Independence

This was obviously a "mock trial" but in MANY, MANY cases, the perpetrators in the imperial union of American Police States don''t even bother to files charges, let alone indict.