They are also waiting to find out if Brown’s attorneys with Barnes Law Group LLC in Marietta will be appealing a late-June ruling related to a second indictment filed by the district attorney’s office.
The grand jury handed down a 31-count indictment against Brown, accusing him of racketeering, fraud and theft of assets in January 2011.
Two months later, Cobb County Superior Court Judge Robert Flournoy threw out Brown’s indictment on grounds that it wasn’t delivered in open court, but then-Cobb District Attorney Pat Head filed an appeal.
Judges with the Georgia Court of Appeals agreed with Flournoy’s original decision, but the local district attorney’s office appealed that decision as well.
Vic Reynolds, who took the helm at the local district attorney’s office in January, said the Georgia Supreme Court should make a decision on the first indictment sometime over the summer.
A second 35-count indictment, which included four additional charges accusing Brown of threatening to file a lawsuit against customers who cooperated with the prosecution, was filed in July 2011.
The former Cobb EMC chief’s attorneys appealed Flournoy’s decision to uphold the charges and last week all but the four newer charges were OK’d to proceed to trial by the state Court of Appeals.
The panel of judges, Gary Andrews, Stephen Dillard and Carla Wong McMillian, said Flournoy should have dismissed the threat charges originally because it does not constitute a threat of injury or damage under state law.
Kim Isaza, a spokeswoman with Reynolds’office, said they have not heard from Brown’s attorneys on whether they would appeal that decision.
“At this point, we are still waiting,” she said Friday about both indictments.
Attorneys for Barnes Law Group were not available for a comment before press time Friday.
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• 1993: Dwight Brown named president of Cobb EMC
• April 2009: Agents of the Georgia Bureau of Investigation and the Cobb County Sheriff’s Office raid the offices of Cobb EMC and Cobb Energy and the homes of Brown and directors Larry Chadwick, David McGinnis and Dr. Frank Boone.
• Jan. 2011: Grand jury criminally indicts Brown on 31 counts of racketeering, fraud and theft of assets. He is booked into Cobb County jail and released on a signature bond.
• March 2011: Superior Court Judge Robert Flournoy throws out Brown’s indictment on grounds it wasn’t delivered in open court. Prosecutors later appealed.
• July 2011: Brown is re-indicted on the same charges plus four more. This time, he rides to jail handcuffed in the back of the sheriff’s car. Brown’s attorneys later appealed.
• April 2012: Georgia Court of Appeals throws out first indictment but Cobb District Attorney’s Office appeals to Georgia Supreme Court.
• July 2013: Georgia Court of Appeals upholds Flournoy’s decision on second indictment. Georgia Supreme Court should be ruling on first criminal indictment over the summer.