The Atlanta Journal-Constitution

Possible penalties called into question

Harshness for a few is weighed against effect on APS test takers.

- By Ty Tagami ttagami@ajc.com and Rhonda Cook rcook@ajc.com

After four months of grinding testimony about statistica­l analysis, impoverish­ed students and desperate teachers, prosecutor­s finally rested their case Wednesday in the Atlanta schools test-cheating trial.

More than 130 witnesses told a story of a school system run amok, with employees engaging in or condoning behavior that compromise­d the educations of untold numbers of children. Still, the severity of the possible punishment has stoked controvers­y.

The dozen defendants were

hit with a charge that could land them in prison for up to two decades. Administra­tors and even teachers were indicted like mobsters under Georgia’s Racketeer and Influenced Corrupt Organizati­ons Act. Under that law, Fulton County District Attorney Paul Howard’s office tried to prove a coordinate­d criminal conspiracy to erase test sheets and fill in correct answers.

Denying defense motions, Fulton County Superior Court Judge Jerry Baxter let the conspiracy charges stand.

The scale of the scandal is enormous: an investigat­ion ordered by then-Gov. Sonny Perdue concluded that 185 teachers and administra­tors in 44 schools participat­ed in cheating on the 2009 Criterion-Referenced Competency Tests. Many of the witnesses admitted guilt and testified only after prosecutor­s let them plead to lesser charges.

With so many let off the hook, some question why a handful should face such severe penalties. Others look to a generation or more of children who were cheated out of an education and say justice must be done.

Prosecutor­s allege that the acts shortchang­ed children because false scores cloaked their need for help and schools that reported inflated scores lost access to federal money that may have paid for tutors. The image prosecutor­s left with jurors as they ended their case was of a 16-year-old girl who had to spend three years in the eighth grade because the school system did not prepare her.

Defense attorneys maintain the conspiracy rap is overkill.

Kevin Franks, who represents Diane Buckner-Webb, a former teacher at Dunbar Elementary School, believes the state did not prove an elaborate scheme to cheat, and said his client was “caught up in a political witch hunt.”

Franks told The Atlanta Journal-Constituti­on this week that many witnesses who testified under immunity agreements had committed “far more grievous acts than these defendants.” He also said the conspiracy charge vastly compounded the case’s complexity and made the trial longer and costlier. In addition to racketeeri­ng, Buckner-Webb is charged with two counts of false statements and writings, which might have taken mere days to try alone, he said.

Bill Thomas, a former federal prosecutor who represente­d an unindicted witness in the case, said Howard’s office overreache­d with the conspiracy charge while also cutting too many “crazy deals” that let suspects plead to counts far lighter than racketeeri­ng.

“It’s a tenuous prosecutio­n and it’s built on a house of cards,” Thomas said.

In many cases, the district attorney’s office had to rely on compromise­d witnesses. One, a former teacher, delivered a memorable line about the pressure to cheat, alleging that a former principal who is a defendant told teachers who were not meeting testing goals that “Wal-Mart’s always hiring.”

That teacher, Shayla Smith, then had to defend her own behavior, denying on the witness stand that she’d uttered the phrase attributed to her by a teacher at her terminatio­n hearing three years ago: “I had to give your kids ... the answers because they’re dumb as hell.”

Smith, who admitted to changing students’ answers and prompting them during tests, pleaded guilty in 2013 to a misdemeano­r count of obstructio­n and agreed to testify for the prosecutio­n.

In some opinions, the potential punishment for some defendants is deserved.

“This was about the alleged abuse of little children in terms of depriving them of their education,” said Mike Bowers, the former Georgia attorney general who was hired by Perdue to investigat­e after the AJC reported highly unlikely test score jumps in Atlanta classrooms.

“Is that worth erring in bringing to light?” he asked. “Hell yes!”

He defended Howard’s strategy, saying it is common to cut plea deals with low-level suspects to secure their testimony against “higher-ups.”

The highest-ranking defendant, former Superinten­dent Beverly Hall, is not on trial because she has advanced cancer.

Bowers said he felt sympathy for some suspects, especially the low-ranking single moms who felt cornered and told him they needed a job. But he said people had to be called to account because the scandal was “a disaster for a couple of generation­s at least.”

Lori Revere-Paulk, a former Atlanta math coach, knows what Bowers is talking about. The whistleblo­wer testified that she was persecuted after reporting cheating and getting no results. She was transferre­d and demoted before she decamped to another school district. Now she is back in Atlanta as an administra­tor at a middle school.

She became the guardian of an impoverish­ed 8-year-old student who had excellent test scores at Dobbs Elementary, where Revere-Paulk worked before her demotion. When she took him home and to school in Henry County, she discovered he was actually far behind. She and her husband have paid for tutoring to catch him up.

“I have firsthand knowledge of how the cheating scandal hurt kids,” Revere-Paulk said. Despite that, she is conflicted about the severity of punishment warranted.

“That’s kind of hard because a lot of teachers had pressure to do things,” she said. Then, she added: “But as an adult, you have to know right from wrong.”

The trial, she figures, is worth the investment.

 ?? KENT D. JOHNSON / KDJOHNSON@AJC.COM ?? Fulton County Superior Court Judge Jerry Baxter listens Wednesday as attorneys present motions for verdicts of acquittal in the Atlanta Public Schools test-cheating trial. Prosecutin­g attorneys had rested their case.
KENT D. JOHNSON / KDJOHNSON@AJC.COM Fulton County Superior Court Judge Jerry Baxter listens Wednesday as attorneys present motions for verdicts of acquittal in the Atlanta Public Schools test-cheating trial. Prosecutin­g attorneys had rested their case.

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