Georgia Attorney General: Not Using a Mobile Phone or Using a Basic Mobile Phone Shows Criminal Intent

February 25th, 2024

Via: Georgia Recorder:

Last month, Deputy Attorney General John Fowler argued in state court that mere possession of a basic cellphone indicates criminal intent to commit conspiracy under Georgia’s racketeer influenced and corrupt organizations statute, better known as RICO.

His accusation was directed at 19-year-old Ayla King, one of 61 people indicted last summer on RICO charges linked to protests in the South River Forest where the $109 million Atlanta Public Safety Training Center, nicknamed “Cop City” by its opponents, is slated to be built. The RICO charges against King and the 60 other RICO defendants have been widely criticized as a political prosecution running contrary to the First Amendment. King is the first of these defendants to stand trial.

During the Jan. 8 hearing in Fulton County Superior Court, Fowler argued that a cellphone in King’s possession on the day of their arrest, which he characterized as a “burner phone,” should be admissible as evidence of wrongdoing, even though it contained no data. He went even further to suggest that not possessing a cellphone at all also indicates criminal intent. Judge Kimberly Adams agreed to admit evidence of King’s cellphone.

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