A Travesty of Justice in Northern Georgia

by Noah Arenstein · 2010-04-27 16:29:00 UTC

People accused of child molestation are rarely sympathetic characters. But someone like former Georgia kindergarten teacher Tonya Craft might make you think again.

Accusations that Craft (left) molested three young girls at a 2008 slumber party — including her own child — have torn apart the small community of Chickamagua, which lies just south of the Georgia/Tennessee border. The crime would be reprehensible, if Craft actually did it. But there are glaring inconsistencies in the testimony of the girls and their parents, a fact compounded by how egregiously the police, prosecutors and judge involved have behaved.

At this point, Craft's trial has devolved into a ludicrous, back-and-forth character assassination of everyone involved. Prosecutors Chris Arnt and Len Gregor, in particular, have asked lurid and wholly irrelevant questions about Craft’s sexual history, while her attorneys have been barred from introducing evidence of Craft’s good character.

The trial is now in its third week and has turned into a virtual circus, one presided over by Catoosa County Superior Court Judge Brian House. House had previously represented Craft’s ex-husband during their divorce, and yet he's refused to recuse himself from the case. This by itself will almost surely require a new trial. What's more? House has also violated ethical rules by speaking to the mother of one of the accusers for over an hour before she testified. House also allowed Craft’s ex-husband to testify that Craft viewed a lesbian pornographic video — 10 years ago — over objections by Craft’s attorneys.

Craft’s trial has also seen a parade of so-called forensics experts act as effective cheerleaders for the prosecution. One expert who made an appearance, Holly Nave Kittle of the Children's Advocacy Center, was openly hostile to questions about her lack of credentials and was unfamiliar with any relevant child abuse literature. Neither did she help her credibility as a witness after she “liked” a public Facebook post by Arnt, in which he wondered “if Tonya Craft’s Defense [sic] lawyers are really insane of [sic] just trying to jack up her defense bill?” (Both Arnt and Kittle’s conduct likely violate Georgia's ethical rules.)

Another prosecution “expert” involved, Suzie Thorne, lacks a college degree, and her testimony seems highly suspect. When Thorne interviewed one of the children involved during a videotaped session, she asked the girl a whopping 16 times whether “anything else happened.” Each time, the child said no. However, Thorne testified that after she shut off the camera, the child left the room and then returned — suddenly remembering that yes, Craft had sexually abused her.

Fair enough. But then why didn't Thorne record this statement, or press the child for more information on camera?

We should also remember that — as a third prosecution expert testified — both children and adults are "equally susceptible to suggestion,” which you should keep in mind the next time your child asks about Santa Claus, the Boogeyman or the Tooth Fairy.

With the trial rigged in favor of the state, it's likely that Craft will be convicted. Yet given how the judge and prosecutors have railroaded Craft, it's equally likely that a fair court will eventually hear her appeal. Unfortunately, she'll probably have to wait years before being vindicated.

(For more information on the Tonya Craft trial, check out William Anderson’s extremely informative blog, which documents far more misconduct than described here. You can also follow the trial on Twitter at #TonyaCraft.)

Photo Credit: Walker County, GA

Noah Arenstein currently works for the Innocence Project. Views expressed here are Noah’s alone and don’t represent any organization.
PREVIOUS STORY:
More Drug War Spending, More Violence?
NEXT STORY:
Make the Call! Stop the Torture of Special Needs Children in Massachusetts

COMMENTS (7)

    Comment Policy

    · All fields are required to comment.

    [X]

    Comments on Change.org are meant for further exploration and evaluation of the campaign on Change.org. To that end, we welcome constructive comments. However, we reserve the right to delete comments which, as determined solely in our discretion: (1) are offensive, abusive, or off-topic; (2) include content solely intended to personally attack the campaign creator, (3) are designed to subvert or hijack comment threads rather than contribute to them; and/or (4) violate our terms of service and/or privacy policy. Repeat offenders may be permanently removed from the site at our discretion. Please also be advised that: (A) we do not actively curate and/or monitor in any manner whatsoever the comments made on the Change.org platform, and (B) the creator of each campaign on Change.org may remove any comment at her/his/its discretion.