Crime & Safety
Kelly Marlow's Attorney Wants to Quash Indictment
The attorney for Kelly Marlow said he will use every avenue available to ensure a "lawful verdict" for his client.
The attorney representing Cherokee County School Board Member Kelly Marlow in her pending criminal case wants to quash the indictment handed down against her.
Atlanta attorney Brian Steel on Oct. 24 filed a motion to quash the indictment, charging Marlow "was denied her right to appear before the Cherokee County grand jury at the time of the presentment of this bill of indictment."
Steel cites Georgia Code 45-11-4, which pertains to any public official charged under:
- malpractice, misfeasance, or malfeasance in office;
- Using "oppression or tyrannical partiality in the administration or under the color of his or her office."
- "When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so."
- "Using any other deliberate means to delay or avoid the due course or proceeding of law."
- "Willfully and knowingly demanding more cost than he or she is entitled to by law in the administration and under color of his or her office."
The code refers to county officers as probate court judges, superior court judges, tax receivers, tax collectors and/or tax commissioners; municipal officers as mayors or elected officials serving on any city's governing body; and public officers as a county officers, a municipal officers and state officials.
Steel said on Wednesday he filed the motion to ensure his client, "who has been falsely charged with a crime, exercises all avenues to a lawful verdict here."
When asked how Marlow feels about the charges, Steel avoided specific descriptions of the school board member's opinions.
"Well, it would be terrible for any human being to be falsely charged with a crime," he added.
Marlow in October was indicted on four counts of making false statements in relation to allegations that Superintendent of Schools Dr. Frank Petruzielo tried to run her and two others over after a June school board meeting.Robert Trim, Marlow's partner and political advisor, was indicted on three counts of making false statements. Barbara Knowles, secretary of the Cherokee County Republican Party, was indicted on one count of filing a false report and four counts of making false statements.
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The trio was arrested by the Canton Police Department and booked in to the Cherokee County Adult Detention Center.
Governor Nathan Deal on Tuesday appointed Cobb County School Board Member Tim Stultz and Forsyth County School Board Member Ann Crow to serve on a panel with Attorney General Sam Olens. The panel will determine if the charges against Marlow will impact her ability to perform her duties as a school board member.
It will then recommend to Deal if Marlow should remain in office or be suspended while the case moves forward against her.
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