Defense Attorney Wants D.A. Disqualified from the Nydia Tisdale Trial

DAWSONVILLE, Ga. — Lee Darragh, District Attorney for the Georgia’s Northeastern Judicial Circuit District, declined to comment specifically on a defense motion asking that he be disqualified in the Nydia Tisdale case and that a Grand Jury indictment be dismissed.

Tisdale faces several criminal charges, including felony obstruction of an officer stemming from a political rally at Burt’s Pumpkin Farm in Dawson County in August 2014.

The motion filed by attorney Bruce Harvey states: “District Attorney is paid a “supplement” to his statutory salary by Dawson County. Should Dawson County have to pay a significant settlement/or judgement out of county funds, Mr. Darragh may lose his supplemental salary. He thus has a direct financial interest in the prosecution or settlement of the cause. Such a financial interest is a conflict of interest sufficient to disqualify Mr. Darragh.”

When reached for comment Wednesday, Darragh did not seem overly concerned. His response: “I won’t comment on any specific criminal case.I will just say, in general terms only, that frivolous motions are often filed in criminal cases.”

A Grand Jury indicted Tisdale of felony obstruction of an officer, misdemeanor obstruction of an officer and criminal trespass.

But Harvey also wants that indictment set aside for the same reason.
Tisdale was taken into custody at a political rally when she refused to stop filming the event at the request of the property owner.

Sheriff Billy Carlisle said Tisdale was advised that Johnny Burt, owner of the farm where the rally was held, wanted her to stop recording or leave his property. When she refused, Sheriff’s Capt. Tony Wooten attempted to escort her off the property.

Tisdale reportedly kicked Wooten and fought with him, leading to the criminal trespass and obstruction charges.

Tisdale announced last month that she has filed a federal lawsuit against Wooten and two other deputies involved in her arrest for violations of the First, Fourth and 14th Amendments to the US Constitution.