Tisdale’s Defense Lawyer Withdraws Motions in Obstruction of Officer, Trespass Case

DAWSONVILLE, Ga. — The State of Georgia v. Nydia Tisdale motions hearing ended Wednesday with defense attorney Bruce Harvey withdrawing motions to disqualify the Dawson County District Attorney from the case and to suppress video taped evidence.

The defense now has 30 days to file a brief with Superior Court Judge Bonnie C. Oliver. Assistant District Attorney Lee Greer must file a brief no later than 30 days later.

Tisdale, who describes herself as a citizen journalist, was arrested Aug. 23, 2014 at a political rally at Burt’s Pumpkin Farm in Dawson County after refusing repeated requests by owner Johnny and Kathy Burt to stop filming the event. She is charged with felony obstruction of an officer and misdemeanor obstruction and criminal trespass.

The event included Congressman David Perdue, Gov. Nathan Deal, Georgia Attorney General Sam Olens and others. Harvey indicated Wednesday that he may call all of some of them to testify when the trial begins.

On Tuesday, Tisdale testified she had permission from Kathy Burt to film the event. But Burt said Tisdale misled her by stating that she was filming for the governor. When she learned that was not the case she wanted Tisdale to stop filming. Burt said Tisdale was welcome to stay but had to stop filming.

Also on Tuesday, event organizer Clint Bearden testified Tuesday that he and the late Mack Burgess, a former top state Republican Party official, asked Tisdale to stop filming and she refused. That’s when they asked Dawson County Deputy Sheriff Tony Wooten to remove her.

Tisdale testified that she did not know Wooten was a sheriff’s deputy when he approached her and asked her to leave.

But as the hearing continued Wednesday Wooten said he approached Tisdale from the front wearing an official black Sheriff’s Office polo shirt with the words Dawson County Sheriff’s Office and a badge embroidered on the front, khaki cargo pants and a handgun and holster with a badge attached to it.

“I’m with the sheriff’s office and I’m going to have to make you leave if you don’t stop filming,” he said. When she refused again, Wooten said, “I grabbed her by the arm and she got up and started to jerk away and try to get away from me. Wooten said as he led her away, she kicked him in the shin twice and tried to elbow him.

Wooten said when a patrol car arrived, she was handcuffed and taken to the Dawson County jail.

As the hearing concluded, Harvey withdrew his motions to disqualify District Attorney Lee Darragh and to suppress evidence.