Around Town: Wiles' Woes
by Otis Brumby, Bill Kinney & Joe Kirby
Around Town Columnists
February 20, 2010 01:01 AM | 6768 views | 76 76 comments | 138 138 recommendations | email to a friend | print
THE NEWSPAPER INK WAS BARELY DRY on last weekend's front-page story reporting a teen drinking party busted by police at the home of a local judge before bloggers began bashing state Sen. John Wiles (R-Kennesaw) on the MDJonline.com Web site for his actions as the party wound down.

And now comes news that popular retired Cobb school board member Lindsey Tippins is "seriously, seriously" thinking of mounting a challenge to Wiles in the July 20 GOP Primary. Wiles, an entrenched incumbent in a heavily Republican district, had not been expected to have serious opposition.

Cobb police on Dec. 22 cited 10 teenagers who attend the prestigious Walker School in Marietta for drinking alcohol at the home of attorney Diane Busch, a municipal court judge for the cities of Woodstock and Marietta. Four teenagers older than 17 and six juveniles were cited for "minor in possession of alcohol" after police arrived at Busch's home around 3 a.m. that morning.

The teen drinking followed a Christmas party earlier in the evening for adults. When police arrived at the house they saw several people who appeared to be underage holding beer cans. After they asked one teen to summon an adult, Kathryn Middleton came to the door with a beer in her hand and appeared intoxicated, according to the police report. Middleton is a friend and neighbor of Busch's, and one of Middleton's children was also at the home. She has since retained Joel Pugh as her defense attorney.

Middleton returned a few minutes later with Busch, the homeowner, "who also seemed to be very intoxicated," according to the report.

Wiles, whose son was at the party (but was not drinking, police said), arrived at Busch's home while the police were in the basement testing the teenagers for alcohol consumption. Busch is an attorney in Wiles' law firm, Wiles & Wiles, in Marietta. Both live in the exclusive Marietta Country Club subdivision off Stilesboro Road, where houses are listed for sale for more than $1 million. According to the police report, Wiles "stated he had come to assist Ms. Busch. Ms. Busch made it known that Mr. Wiles was a former Cobb prosecutor and is (now) a state senator. Mrs. Busch had also stated she was a traffic court judge in Woodstock."

The police report notes Wiles commented that one of the youths should not be charged because he was going to college on an athletic scholarship, which would be jeopardized by a citation.

"I then had Mr. Wiles meet with me off to the side where I advised him that there would be no picking and choosing on who would be charged and who would not," Sgt. T.W. Jennings wrote in his report. "A few moments later I overheard Ms. Busch ask from across the room if we were really going to cite all of the kids. When one of the officers answered yes, she stated that 'she had allowed it.' Mr. Wiles was quick to tell Ms. Busch to be quiet."

***

WILES IS NOT BELIEVED to be a target of the investigation into who supplied the alcohol to the teens. But many bloggers were irked that Wiles was seeking special treatment for the teens, Ms. Busch and Ms. Middleton.

Wiles and his wife, Janel Wiles, his law partner, have five children, all current or past students at The Walker School. Mrs. Wiles is also on the Walker board, a board criticized by some bloggers for what they claim is the school's ambivalent attitude toward teen drinking.

Wiles represents District 37 in northwest Cobb, roughly the same area Tippins represented on the school board. Wiles was elected to the Georgia Senate in 2004 and chairs the Special Judiciary Committee. He also chairs the 19-member Cobb legislative delegation.

***

TIPPINS LAST FALL closely considered, but ultimately opted out, of running this year against Commissioner Tim Lee of northeast Cobb to succeed Sam Olens this year as chairman of the Cobb Board of Commissioners when he resigns to run for state attorney general. Tippins told AT at the time that it was "not the right time in my life" for a county-wide race for the chairman's job, citing the time commitment needed for Cobb's top job. He says his interest in running for Senate does not coincide with Wiles' troubles, and that people have been urging him to run for the seat "for the past six or eight months."

Tippins, 60, is a self-made, highly successful owner of Tippins Contracting, an underground utility business specializing in water and sewer lines. He lives on a 60-acre farm in the Lost Mountain community and speaks with a quiet drawl. The joys of his life are his grandchildren and quail hunting with his half dozen bird dogs.

He was elected to the school board in 1996 and represented the Post 1 area of Harrison, Hillgrove, Kennesaw Mountain and Allatoona high schools in west Cobb until retiring in 2008. He never accepted a dime for his board work, donating his salary (a total of almost $250,000) to the Cobb Educational Foundation for scholarships.

Serving as school board chair in 2000, 2004 and 2007, he was known for his no-nonsense, business-like approach to education issues.

***

From the very beginning he and longtime board member Betty Gray of Mableton were the lone voices of opposition to then-Superintendent Joe Redden's $100.8 million plan to equip each middle and high school student with a take-home laptop computer, which Cobb Superior Court Judge S. Lark Ingram ultimately ruled was illegal.

***

DID COBB POLICE try to cover-up details of the Christmas party bust at the Marietta home of Judge Diane Busch, which began as an adult holiday get-together but devolved into a teen drinking party in the wee hours of the morning after most of the adults had left or, in the case of the hostess, gone to bed? Or did bad legal advice from the Cobb County Attorney’s office delay details of the story, which has been the buzz around town and in the MDJ’s blogosphere after the newspaper was finally able to break the story on its front page Feb. 13? Here is the timeline of events so readers can make up their own minds:

Late Dec. 21: Judge Busch hosts a holiday party for adult friends.

Early Dec. 22: After the adult guests had nearly all departed, most of the teens still at the house start drinking. Neighbors mistake the sound of balloons popping for gunfire and call police, who arrive around 3 a.m. and find the drinking teens. The police report also notes Busch said that among the attendees at the party earlier in the evening had been friends from the Cobb District Attorney’s office and a Cobb police precinct supervisor. It also noted that she threatened to call Police Chief G.B. Hatfield and Cobb Public Safety Director Mickey Lloyd.

Late January: The MDJ learns about the party and the teens cited for underage drinking.

January 29: Immediately after being tipped off about the affair, the MDJ asks Cobb police for the incident report. On the morning of Jan. 29, Cobb police turn down our request for a copy of the police report, saying the case was an “open and active investigation.” But they say the report would be turned over “the next week or two” when the investigation was completed.

But later that day, Cobb police curiously emailed the MDJ that since the report involved juveniles, no report would be provided, thereby contradicting what they’d said that morning. (Never mind that under Georgia law all incident or initial police reports are public records whether juveniles are involved or not. If juveniles are involved, Georgia law allows their names to be redacted. Also worth noting is that all 18 pages of reports turned over are clearly identified as “Incident Reports” — which Georgia law says are considered public record.

First week of February: After being turned down by Cobb police for two apparently different reasons in the same day, the MDJ tries unsuccessfully to obtain the report from a non-police department source.

Feb. 10: The MDJ is advised by Georgia Press Association attorney and First Amendment lawyer David Hudson of Augusta that Georgia law and the Law Enforcement Guide clearly indicate that initial reports with or without juveniles are public records. The Cobb police, he adds, “are giving you a line of bull.”

Feb. 10: MDJ News Editor Kim Isaza calls Chief Hatfield and renews the MDJ’s request for the report, citing Hudson’s interpretation of the law. But she again is turned down. Questioned further, Hatfield says he is relying on the advice of county attorney William Rowling.

It was then that Hatfield discloses for the first time that Cobb State Court Solicitor Barry Morgan, who prosecutes misdemeanors, had appointed a special prosecutor in the case.

Feb. 11: Morgan confirms to the MDJ that back on Jan. 22 — a week before the MDJ twice unsuccessfully sought the report — he indeed hired a special prosecutor, Lalaine Briones, an attorney with the Atlanta-based Prosecuting Attorneys Council. She was hired, he explains, because one of his assistant DAs attended the adult party at Ms. Busch’s house on Dec. 21 and conceivably could be called as a witness if Busch and Middleton are prosecuted. Late that day the MDJ receives information from an attorney in private practice that Morgan would provide the 18-page police report if an Open Records request for it were submitted.

Feb. 12: Editor Isaza hand-delivers the request to Morgan at 8:30 a.m. Although Georgia law allows three days before requested public documents must be turned over, Morgan immediately hands the report to Ms. Isaza.

Feb. 13: The MDJ runs a front-page story based on the report — the report that should have been turned over by Cobb police on Jan. 29 when it was first requested. (That story has generated more than 9,400 views by on-line readers since then, and nearly 250 reader responses.)

Question: Did Cobb police hold up the release of the sensational report for almost two weeks because of bad legal advice from the county attorney’s office? Or was a cover up planned from the git-go?

Answer: You be the judge. But we’ll give the last word to Public Safety director Lloyd: “We could care less who is involved. George (Hatfield) and I have both been doing this for 38 years apiece. We’ve come up on a lot of cases where politics (are involved), but you just can’t let who it is come into it.”
Comments
(76)
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RU Kidding
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March 03, 2010
Seriously, if I read the word JEALOUS one more time...NOBODY is jealous of that lame excuse for a private school. It's not like it's Westminster or Lovett. It's in the hood in Marietta.
Amazed and dazed
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March 02, 2010
OK...the vast majority of teens have experimented with alcohol to various degrees for the last CENTURY! Why are people so amazed and petty? Those making this a class issue, a school issue or a political issue are stupid.

The "have not's" seem to span the gamut from jealousy to who cares. The "wanna-be" politico's want press attention and "something" to knaw on in a pathetic attempt to possibly get votes since they don't have real issues or good ideas to run on.
Ex Walker Parent
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March 01, 2010
To Walker Parent-

Feel better? I see you have bought into the Walker party line hook and sinker. Too bad what you write isn't completely true. And if you were to venture outside the walls of Walker, you would find a whole world of truly worthwhile efforts right in your own neighborhood schools.

Walker Parent
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March 01, 2010
I am not wealthy compared to some Walker families, but I don't begrudge their wealth. It is they, who unlike me, have contributed hundreds of thousands of dollars over the years to support our school, community service projects, building projects, teacher's wish lists, athletics, the arts, scouting etc.

My family sacrifices greatly to afford Walker tuition, but we conclude it is money well-spent. It's OK for us not to have a lake house, or a new car every few years or all the latest designer clothes. I bet a few families who attend Walton, Marietta, Harrison and other area schools boasts owning such luxuries! Interestingly, I feel I am in the majority at Walker, not the minority.

My choice to by-pass public school education is mine alone and not for the world to judge. It has been the single best decision I have made in my adult life in regards to raising my children.

So all of you ill-informed and obviously very jealous MDJ readers -- enough on this subject!

I am perplexed why the MDJ and all you gossip mongers out there are so determined to over generalize and drag The Walker School into this situation and use this unfortunate set of circumstances as a forum for debating public vs. private school. Each to their own!!!!

Walker School policy on drug and alcohol did not contribute to this incident yet, after following the accounts written by the MDJ, one would believe it did. The MDJ has done irreparable damage to Walker's reputation in the community. It's so typical of the press in this country to take a "holier than thou" approach and exploit every opportunity to report on the negative, report ill truths,and sensationalize.

I guess it's not interesting enough to report that Walker currently has 18 Eagle Scouts (yea, no one at Walker does community service) or that currently three 2009 graduates,are attending US service academies (yea, no one from Walker has character or is service oriented)that Walker has a peer discipline and honor committee that works for the majority of students and parents! The school environment is one of freedom and respect.

Is it not noteworthy that currently The Walker School is participating in a Habitat Home; has been raising money for Haiti; is helping the Goshen Family Boys Home...the list goes on and on. Perhaps someone should come to our school and interview our adminstrators and students to get the REAL Walker scoop!

I hope that the people involved admit their mistakes, accept the consequences and are allowed to move on. MDJ please learn responsible journalism.

Wyndham Woods Vtr
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February 26, 2010
I think most of us agree that Mr. Wiles' conduct that evening was unacceptable and did not represent the integrity that we expect of our elected officials. However, Wiles still could have earned my forgiveness and vote had he admitted his mistakes and assured us that he recognized the impropriety of his actions. He did neither and instead continues to put out excuse after excuse, which I cannot condone.

Furthermore, what I find rather bizarre is that Ms. Busch is on Mr. Wiles' payroll. Mr. Wiles has every opportunity to tell this community that he does not tolerate the conduct displayed by Ms. Busch on December 22 by terminating her position. That he has chosen to do nothing and instead throw out excuses is his choice, but he should not expect to be rewarded with my or any of my neighbors' votes for this choice. Actions indeed do have consequences.
Clean up corruption!
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February 26, 2010
If holding people accountable for their actions, which is what everyone wants in this case, qualifies as a "witch hunt", then I dare say maybe we need more witch hunts of crony public officials in this county.
Chris Norris
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February 25, 2010
Everyone needs to calm down. We are all so eager for a witch hunt and to find out who has done us wrong. The political pull of this story is not surprising so why is everyone acting so surprised? Kids drinking - you've got to be kidding me. Stop all this ridiculous holier than thou shenanigans and ask yourself why I just got a letter from my doctor that now says I have to pay $1500 per year just to be his patient. Get your head out of the tabloid world and see what's happening around you!
MDJ Reader
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February 25, 2010
Outrageous. I don't live in Wiles' district but I do have many co-workers, friends and family that do. I will definitely be letting each and every one of them to know what their soon to be ex-rep has been up to.
Disgraceful
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February 25, 2010
I have lost all confidence that Mr. Wiles will do the right thing. Mr. Wiles, you advocated that you would be the bearer of conservative values in each of your past campaigns. Where are they NOW?
Kennesaw VOTER!
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February 25, 2010
I am APPALLED! I vote and my neighbors vote. We all will vote AGAINST - Mr. Wiles, Mr. Morgan, and Judge Busch if she is in an elected judgeship...if she isn't, she better be terminated! We will also vote against the county board of commissioners if they don't take action against the Cobb County Police Chief G.B. Hatfield....This is clearly a situation of wealthy influencial people abusing their positions to try their best to cover up this stuff because of who is involved....my hat is off to the cobb county police officers who stood up for integrity and did their job....JOHN WILES will be voted out of office....watch and see.
Terrible Role Models
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February 24, 2010
I really don't give a hoot about the school, although they could certainly burnish their reputation by holding these students responsible according to what's in the student handbook. Nope, my beef is with the actions of the adults and the lack of penalties these kids received for breaking the law. Busch, Middleton, and Wiles are teaching a horrible lesson to our children by showing that bad actions don't have consequences and that it's ok to blame others for your mistakes. Well, it's not and if the corrupt judge and her crony friends don't realize it yet, they will soon.
only1awake
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February 24, 2010
to who cares?-thank you, this entire situation has been blown out of proportion by those who must have nothing better to do than criticize the actions of others because their 'perfect' lives are too boring. to publico-i'm glad your child got a SINGLE credit for calculus at tech, but my preparation at walker allowed me to exempt 24 hours of credit at THE University of Georgia. Please stop attacking the school, it makes you all look pathetic. Cheers.
Ex Walker Parent
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February 24, 2010
To Hello???

Thanks for the comment, but you didn't answer my question.

What does Walker do to serve the community? Hummm?

Take a look at the programs in some of the local public schools if you need some ideas.

But you are right on one count, I shouldn't lay blame on the kids, its the parents and administration at fault.

Community service would be a great idea at Walker, but it might cut down on the all the fun.
hello????
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February 23, 2010
Ex Walker Parent-

the fact that you are calling Walker children the most self centered in the county is the stupidest thing I've ever heard. You must have left Walker a long time ago, or because you knew nobody there, because your horrible interpretation of the people at Walker is way off. Sure, you have some self centered kids there. What teenager isn't, though? Wherever you choose to send your kid, there will still be self centered kids.

Kids who graduated from or attend Walker have some of the best character I know. Before you judge an entire school on some nonsense your free time has allowed you to think up, actually get to know some people.
publico
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February 23, 2010
How can anyone use this to tee off on Marietta city schools. This is a story concerning underage drinking and politics that took place in Kennesaw. The coverage of this story would have been the same if the kids were North Cobb or any other public school. The fact that judges and elected officials are involved is what drives this story. I don't think many people envy the Walker weenies.
Ex Walker Parent
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February 23, 2010
West Cobb Widow

Walker, Character building? Are you kidding me? It is largest collection of the most self centered children in the county! Don't take my word for it, look at what they do in the community for service.

If it doesn't benefit themselves, its not a priority at Walker.
West Cobb widow
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February 23, 2010
south cobb dude, just what part of my comment led you to believe that I had an "personal ax to grind concering Walker and thank you for correcting my typo, you arrogant dumbo. I could not have been more pleased with the education that my child received at Walker, in addition to the character building experience which is all a part of Walker - or was several years ago. My child was not part of the "haves" group, and was certainly not part of the "in" crowd, but his education was what was important to us and it was wonderful. For publico, yes, my child did attend MCS many years ago, and I am glad your child is so math knowledgeable - some are and some aren't -mine was not, but was passed on year after year without this knowledge. I can certainly not speak for ALL students of MCS, nor all stuents at Walker, just trying to make a point of personal experience. But I guess to some if I criticize public education I am out of line. When students at Marietta High School, McEachern, or any other public school find themselves in this same position, I certainly hope the criticism of where they go to school is just as loud. I personally believe this is more an attack on a private school with a good reputation than anything else. Again, I say that it is jealousy of those who send their children to Walker - don't begrudge them the opportunity if their parents want to make the sacrafice - just because you don't
publico
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February 23, 2010
That's funny, our child went all the way through marietta city schools and had credit for freshman calculus at Tech.
to West Cobb Widow
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February 22, 2010
Your child must have attended MCS a LONG time ago. My MCS 5th grader started learning fractions in 2nd grade and is now mastering Algebra and other high level math concepts (probability, proportional reasoning, etc.). Welcome to 2010!

Looking at my child's homework makes me wonder if I could have made it out of elementary school -way back in the 70's.

MP
WhoCares?
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February 22, 2010
why do yall care? is this really that big of a deal. Teens drink and smoke pot off the money you give them every single weekend anyway. you cant stop it. let it go. go through with court and the charges, and all of you quit being little high school girls and do something productive with your lives. Leave the buschs, the wiles, and the middletons alone

peace, love and happiness.

love- a teen who thinks all of you adults are immature.
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