ATLANTA, May 20, 2008

Cop Convicted Of Lying About Shootout

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

  • 92-year-old Kathryn Johnston. Arthur Tesler , a former Atlanta police officer on trial for a botched drug raid that led to the death of Kathryn Johnston said he went along with a cover-up because he felt threatened by his fellow officers. During nearly eight hours of testimony, Tesler said he was instructed by two other officers after the shooting to memorize a cover-up story that they had witnessed an informant buying drugs at Johnston's home. (AP Photo)

    92-year-old Kathryn Johnston. Arthur Tesler , a former Atlanta police officer on trial for a botched drug raid that led to the death of Kathryn Johnston said he went along with a cover-up because he felt threatened by his fellow officers. During nearly eight hours of testimony, Tesler said he was instructed by two other officers after the shooting to memorize a cover-up story that they had witnessed an informant buying drugs at Johnston's home. (AP Photo)  (AP Photo)

  • Interactive Crime Beat

    Statistics and specifics on crime in America.

  • Interactive FBI Crime Statistics

    Explore the latest information on U.S. crime, from acts of violence to property damage.

(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."


© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Add a Comment See all 42 Comments
by fortuenti May 22, 2008 8:07 PM EDT
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.
Reply to this comment
by fortuenti May 22, 2008 7:50 PM EDT
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!
Reply to this comment
by okcnfrcr May 21, 2008 6:09 PM EDT
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.
Reply to this comment
by ekucrew May 21, 2008 4:03 PM EDT
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.
Reply to this comment
by lochlan-2009 May 21, 2008 1:35 PM EDT
"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.
Reply to this comment
by tresdada May 21, 2008 12:34 PM EDT
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!
Reply to this comment
by gopack443 May 21, 2008 12:04 PM EDT
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?
Reply to this comment
by gopack443 May 21, 2008 12:04 PM EDT
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?
Reply to this comment
by brianbwb-2009 May 21, 2008 11:58 AM EDT
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.
Reply to this comment
by honestabe8 May 21, 2008 11:45 AM EDT
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.
Reply to this comment
See all 42 Comments

Exclusive Webshow

Author Thomas Friedman on Obama's Afghanistan plan and the war on terror. Watch Now

Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: