The Atlanta Journal-Constitution
Lead prosecutor survives a motion to disqualify
DA had referenced conversations with witness during cross.
The lead prosecutor in the case against Atlanta rapper Young Thug and his alleged associates will remain on the case after a motion to disqualify her was denied Thursday.
Judge Ural Glanville’s decision came after Young Thug’s attorneys filed a motion Monday to disqualify Assistant District Attorney Adriane Love following questioning and testimony by a state witness.
Attorney Brian Steel argued Love had become an unsworn witness due to the questions she asked the witness in front of the jury.
“Ms. Love injected herself into the proceedings,” Steel said.
Love took over as lead prosecutor of the case after the departure of veteran prosecutor Don Geary, who left the Fulton DA’s office for a position in Gwinnett County in October 2022.
Steel filed his motion after Love referenced conversations she had with a state witness ahead of her scheduled testimony. The witness was called to testify about an alleged May 2013 incident that the prosecutors say involved Young Thug and Walter Murphy, who took a plea deal in December 2022.
The incident is not part of the 91-page indictment.
During her testimony, the witness claimed she’d been harassed by a DA investigator.
While questioning the witness, Love asked a number of questions that began with, “Isn’t it true you told me” or “Isn’t it true that I told you,” referring to prior exchanges she and the witness had.
“Prosecutor Love voluntarily, unequivocally, repeatedly and specifically referenced conversation between herself and (the witness) in a vehicle, on a courthouse bench, in text messages and relied upon her own memory and her own unsworn repetition of (the witness) statements,” Steel’s motion reads.
Steel argued that he should be allowed to cross-examine Love or a mistrial must be granted. Love was not present in the courtroom during the hearing.
Assistant District Attorney
Dane Uhelski argued that even if Steel’s allegations were true, disqualification was not the proper remedy and there was no Georgia case indicating it is.
Glanville focused on the conversations Love had with the witness and if a third party was present.
“Are you telling me, if need be, the defense can cross -examine or has the ability to call, if appropriate, the third parties that may have been present?” Glanville said.
“I believe that would be possible,” said Uhelski, who confirmed there was an investigator present. “We have investigators present when we are dealing with our witnesses.”
Jurors have the week off for spring break. Glanville is taking steps to speed up the trial, which has been plagued with delays, and warned attorneys that if the pace doesn’t pick up, he might hold court on weekends.
Prosecutors plan to call 153 witnesses over 120 court days, or about six to seven months. That estimate does not account for time to cross-examine witnesses or for defense attorneys to present their case.