Closing arguments set Monday in Tisdale trial

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Attorneys Conley Greer (seated) and defense attorney Bruce Harvey talk during court recess.

DAWSONVILLE, Ga. – Closing arguments are expected Monday in the long-delayed trial of Nydia Tisdale, the self-proclaimed citizen journalist charged with felony obstruction of an officer following a 2014 Republican rally at Burt’s Pumpkin Farm.

Senior State Superior Court Judge Martha Christian could have continued the trial today (Dec. 2) but indicated she was aware of a special event taking place today that could be a distraction, referring to the Georgia vs. Auburn SEC Championship game in Atlanta.

Tisdale is also charged with misdemeanor obstruction and criminal trespassing. She could face up to five years in prison if convicted.

Nydia Tisdale charged with felony obstruction of an officer.

The state contends that Tisdale ignored the property owners’ repeated demands to stop filming the rally or leave, then struck and kicked former Dawson County Sheriff’s Captain Tony Wooten when he attempted to remove her.

On the witness stand Friday, Tisdale admitted she had been told on three separate occasions to stop filming but said, “In my mind, he didn’t have any authority to demand that of me.” Tisdale repeatedly said she had the permission of Burt’s Pumpkin Farm co-owner Kathy Burt to film the event.

However, Burt and her daughter, Kasey Sanders, greeted Tisdale when she arrived and both testified the defendant never asked permission. They said she indicated she was there filming for Gov. Nathan Deal, who also attended the rally. Burt said she felt like Tisdale misrepresented herself.

There were other apparent inconsistencies in Tisdale’s testimony. She said as she was being detained by Wooten, she heard Burt say she did not want to press charges. However, Burt denied saying that and an audio recording on Tisdale’s camera picked up no such statement by Burt.

Judge Martha Christian considers objection from defense counsel.

Tisdale also testified that she never hit Wooten but Morris Petit, who testified for the state, said he witnessed the defendant strike the officer, “around the facial area, the neck. That was almost immediate.”

Defense attorney Bruce Harvey subpoenaed Gov. Nathan Deal, who occupied a front row seat near Tisdale at the rally, but Christian quashed the subpoena.

She also denied a motion by Harvey for a directed verdict.

Other leading state officials, including former Attorney General Sam Olens, Labor Commissioner Mark Butler, Insurance Commissioner Ralph Hudgens, Agriculture Commissioner Gary Black and State School Superintendent Richard Woods did testify this week. All said they had no objection to Tisdale filming the event.

Hudgens, one of the first state officials to speak at the event, testified he did not talk to anyone about getting rid of Tisdale or stopping her from filming.

However, Clint Bearden, an attorney who is on the short list to become a state superior court judge, testified on rebuttal that Hudgens was outraged by being filmed and wanted Tisdale to stop.

Bearden said he told Burt’s Pumpkin Farm co-owner Johnny Burt that some of the campaigns were concerned about being filmed, and Burt responded by saying, “Tell her to turn off the camera.”

 

Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com

 

 

 

 

 

 

 

 

Lost exhibits a stumbling block for Tisdale defense

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Defense attorney Bruce Harvey

DAWSONVILLE, Ga. – After a 12-hour day in Dawson County Superior Court Thursday, the Nydia Tisdale trial came to a shocking and unexpected end when defense attorney Bruce Harvey reported that a stack of exhibits he planned to present were missing from the courtroom.

Senior Superior Court Judge Martha Christian was ready to call the jury back into the courtroom following a late-evening 30-minute break when Harvey approached the bench to inform her that a stack of exhibits he left on the court reporter’s desk were missing.

“Can you say with absolute certainty you left those exhibits with the court reporter on the court reporter’s desk?” she asked. Harvey said he could say that. Christian then directed him and Assistant District Attorney Conley Greer to call their clients and ask if one of them had inadvertently walked away with the exhibits.

Judge Martha Christian

She then called the jury back and dismissed them for the evening shortly after 9 p.m. with instructions to plan on continuing the case next week.

Tisdale was charged with one count of felony obstruction of an officer and two misdemeanor counts of obstruction and criminal trespass at a Republican political rally at Burt’s Pumpkin Farm in August 2014.

It was not a good day for the defense. Earlier in the day, the judge quashed a subpoena for Governor Nathan Deal, calling it “unreasonable and obtrusive.” When the state rested its case, Harvey moved for a directed verdict and that was denied.

 

 

Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com

 

 

 

Three-year wait ends as Tisdale trial begins Monday

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DAWSONVILLE, Ga. – Jury selection begins Monday in Dawson County Superior Court in the long-awaited trial of Nydia Tisdale, the self-proclaimed citizen journalist charged Aug. 2014 with trespassing and felony obstruction of an officer.

Tisdale was arrested by Dawson County Sheriff’s Captain Tony Wooten while filming a political candidate rally at Burt’s Pumpkin Farm in Dawson County. She could face five years in prison if convicted.

Fetch Your News owner Brian K. Pritchard attended the rally. It was his audio recording and subsequent reporting of the incident that attracted state and national attention. Pritchard has been subpoenaed by the state and is expected to testify next week.

Citizen journalist Nydia Tisdale faces five years in prison if convicted of obstruction of an officer.

Tisdale claims she had the property owner’s permission to film the event. But owners, Johnny and Kathy Burt, told Dawsonnews.com Tisdale misled them. They say they asked Wooten to tell her to stop filming or leave their property. Wooten says when she refused to stop filming, he arrested her.

According to the arrest warrant, Tisdale elbowed Wooten in the face and kicked him in the shin.

The arrest sparked outrage by the mainstream media and political activists who claim Tisdale’s First Amendment rights had been violated. Property rights advocates, on the other hand, say property owners have every right to evict someone from their property.

 

 

Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com

Trial of Citizen Journalist Tisdale is Continued

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Nydia Tisdale

DAWSONVILLE, Ga. — The Nydia Tisdale trial scheduled for today (Aug. 7) has been continued due to a conflict with the court calendar.

Tisdale is the self-described citizen journalist who was arrested at a political rally at Burt’s Pumpkin Farm in August 2014.  She was charged with felony obstruction of a law enforcement officer.

The arresting officer Captain Tony Wooten, then of the Dawson County Sheriff’s Office, said Tisdale refused several requests by the property owner to stop filming the event and when he attempted to remove her, she kicked him in the shin and elbowed him in the face.

Tisdale claimed she had the owner’s permission to be there and to film the event. She further claims that Wooten did not identify himself and she didn’t know who he was when he attempted to forcibly remove her from the premises.

Attorney Jeff Talley will prosecute the case for the state and Bruce Harvey is defense counsel.

A new trial date has not bee set at this time.

Fetch Your News is a hyper local news outlet that covers Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. If you would like to follow up-to-date local events in any of those counties, please visit us at FetchYourNews.com

 

Roswell Blogger Tisdale Heads Back to Court

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DAWSONVILLE, Ga. – To say that Roswell blogger Nydia Tisdale is becoming a frequent visitor to north Georgia courtrooms would be an understatement. The Roswell blogger has filed three civil lawsuits in federal court, she is the defendant in one criminal case and plans to file a criminal complaint against a Dawson County deputy in the near future.

Tisdale began her foray into the halls of justice in 2012 when Cumming Mayor Ford Gravitt ordered her to stop filming a City Council meeting. When she refused, she was escorted out of City Hall by the Cumming Police Chief. She immediately filed a lawsuit and, in 2014, received a $200,000 settlement from the city.

In August, she and her attorney took to the steps of federal court in Gainesville in for an impromptu press conference during which she announced that she has filed a lawsuit against Dawson County Sheriff’s Captain Tony Wooten, Cpl. Laura Bishop and Cpl. Russell Smith claiming they violated her constitutional rights when she was forced to stop filming a political event at Burt’s Pumpkin Farm in Dawson County.

Tisdale claims the officers violated her First Amendment rights by shutting down her filming of the event, her Second Amendment rights when they arrested her without probable cause and her Seventh Amendment rights by seizing her camera without just cause.

She has a criminal court case scheduled in October in which she is charged with felony obstruction of an officer, misdemeanor obstruction of an officer and misdemeanor criminal trespass. Athough she hasn’t done so yet, Tisdale says she plans to file a complaint against Wooten, charging him with criminal sexual assault.

Her latest court action involves another civil lawsuit she filed this week in which she is suing Burt’s Pumpkin Farm and its owners  Johnny and Kathy Burt for an unspecified amount of money stemming from the incident that led to her arrest.

 

 

 

 

 

 

 

 

 

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

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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.

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