Women charged in teen drinking party plead not guilty
by Kim Isaza
newseditor@mdjonline.com
May 07, 2010 12:00 AM | 2954 views | 12 12 comments | 36 36 recommendations | email to a friend | print
MARIETTA - Two women who were involved in an early morning teenage Christmas drinking party in an upscale neighborhood near Marietta Country Club were facing arraignment today, but instead pleaded not guilty to their charges Thursday and requested jury trials.

Marietta lawyer and former part-time magistrate judge Diane Busch, 47, who was charged on March 5 with 21 misdemeanor counts stemming from an underage drinking party police busted at her home in December at 3 a.m., has pleaded not guilty and requested a jury trial, according to Cobb State Court Administrator Diane Webb.

Busch, who is represented by noted trial lawyer Jimmy Berry, was originally scheduled for arraignment today on the charges of furnishing alcohol to minors, contributing to the delinquency of minors and obstruction of justice.

Senior Judge Jack McLaughlin of DeKalb County will hear the case, though no trial date has been set. The judges of Cobb State Court recused themselves from hearing the case because Busch, a a former part-time magistrate, had filled in on the bench occasionally.

Kathryn Middleton, 46, a friend of Busch's who was at the home on Dec. 22 and was also charged with furnishing alcohol to minors and contributing to the delinquency of minors, also pleaded not guilty and requested a jury trial, Webb said.

Middleton's lawyer, Joel Pugh, said the prosecutor had filed a motion to join the cases, and the women will likely be tried at the same time. Lawyer Lalaine Briones is the special prosecutor in the two cases.

Both women are free on $3,500 bond.

Busch was arrested March 5 after she turned herself in at Cobb County Jail. In a letter dated March 6 to Chief Marietta Municipal Judge Roger Rozen, Busch resigned her judgeship in Marietta. Also in March, the city of Woodstock confirmed that Busch resigned as that city's chief municipal judge.

Ten teenagers, all students at the Walker School, were cited for underage drinking at Busch's home on Dec. 22. Six of those were under age 16.

Busch was charged with 10 counts of furnishing alcoholic beverages to persons under 21; six counts of contributing to the delinquency of a minor; four counts of contributing to furnishing alcohol to persons under 21; and one count of obstruction of justice, for lying to a police officer about the whereabouts of one of the teenagers that night, according to the arrest warrant.

Middleton, a 46-year-old real estate agent, was charged with each count the former judge faces except for obstruction. She also turned herself in at Cobb Jail March 5.

Middleton was reportedly cleaning up when police arrived about 3 a.m. on Dec. 22. A neighbor reported hearing what sounded like gunshots. The teens had been popping balloons.

The teenage drinking party was said to have followed an earlier Christmas party attended by adults.

Middleton "appeared intoxicated" when she came to the door, according to the police report. She was asked to get the homeowner, and returned a few minutes later with Busch, "who also seemed to be very intoxicated," according to the report.

"She seemed to not comprehend and continued to ask why we were there ... Ms. Busch stated that she had hosted an adult party earlier and that when it was over she went to bed. She stated that some of the children who had come with their parents were supposed to stay the night," according to the report.

John Wiles, a state senator and one of Busch's neighbors, arrived at Busch's home after police busted the teen party to pick up his child. He is mentioned prominently in the police report and quoted as asking an officer not to give one of the teens a citation because it could jeopardize his baseball scholarship.

From that point, the case took several bizarre twists and grabbed headlines for more than three months, including information from the Cobb Solicitor's Office that said Busch was representing one of the teens at the party, a college player on scholarship, and tried to persuade a Cobb state court judge to allow baseball practice time to serve as his community service work. A young assistant prosecutor gave out this information, recanted the baseball story a day later in late February, adding he already had dismissed the case, and subsequently resigned.

Solicitor General Barry Morgan then refilled the underage drinking charge against William Maxwell, 19, of Marietta, because Maxwell was not even eligible for the diversion program due to his blood alcohol reading and there was no application filed.

Busch initially represented Maxwell - All-Cobb County outfielder/pitcher at the Walker School in 2006 who went to Rice University on a scholarship - and tried to get him a deal under the diversion program, in which 150 hours of baseball practice would be accepted in place of the standard 40 hours of community service.

She continued to represent him until Feb. 11, the day documents were to be filed stating the teen had completed his diversion program requirements, and then turned the case over to Susan M. Miller, a friend and prosecutor in the Woodstock Municipal Court. But Busch apparently chose not to tell State Court Judge Nancy Campbell Jan. 13 that Maxwell had been cited in her own home.
Comments
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an agenda
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June 19, 2010
There is more to this story. The resident in the MCC neighborhood who called the police claiming to hear a gunshot.....right. We who live here in MCC know you called the police because you saw a chance to work your agenda against your own neighbors. You think your call was anonymous. Not so. We know who you are and your identity will be revealed publicly. Busted water balloons don't sound like gunshots. What was going on at Bush's home did not concern you. You couldn't mind your own business. Sure, what was going on with the kids wasn't right but no one believes Diane Busch intended to allow those kids to have alcohol nor did she serve it to them. Kids do things like that and this isn't going to stop them. What's happened now is alot of unnecessary publicity has been called to our neighborhood because you are a teetotaler and a self righteous one at that. We know who you are.
westcobber
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May 08, 2010
Well, if she is not guilty, then who let the teenagers drink at her house....who is she gonna blame this on? I can't believe she's saying she's NOT GUILTY...what is this teaching her children?
Margarita Middleton
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May 07, 2010
I wonder what "Busch" was drinking on that night?? LOL!

I wonder if she was "drunk" when she pleaded "not guilty? Requesting a jury trial is a blood sucking way to get taxpayers to pay for a ridiculous trial. I hope that the judge focuses on their parenting skills when he sentences them.

I sure hope they can persuade a Cobb state court judge to get them out of this one!!
Not a very good jury
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May 07, 2010
Where is there any evidence in the case that makes these ladies guilty? Because I do not see any evidence that they provided alcohol. Also the kids did not go unpunished, they were cited and had to go through a diversion program like every other teen who gets a first offense. This is a lot worse punishment than other parties which are a lot bigger than this one and all the kids get a call to their parents with no citation.
Margorie
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May 07, 2010
Although Busch was an appointed judge, not elected, it seems that these are the type of people who are judges in Cobb County -- she'll got a slap on the wrist or virtually nothing at all because the good ole boys and gals look out for each other; they think they're elite and shouldn't be treated like the rest of the population.
Curious One
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May 07, 2010
If the truth surfaces, most unlikely considering the time to co-ordinate and fabricate stories by all of the teens and the Mrs. Middleton and Judge Busch, then this would be a fantastic primer and how not to parent ! Let the truth, whole truth and nothing but the truth come forward with perjury understood by all ! The Mom's were there and the booze came from someplace and only the Mom's were of legal age and lots of teens got drunk.
Just Saying.....
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May 07, 2010
To add insult to injury, these clowns are now going to soak all of us for the cost of a jury trial. Be adults....accept the responsibility just as you allowed this to happen under your roof.
Cobb Parent
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May 07, 2010
How stupid do you have to be to host a party in which teens are consuming alcohol in such an obvious way? How ignorant do you have to be to be a judge and find yourself in this situation? The arrogance and stupidity of some of these parents is incredible! I used to work at the school in question here (Walker), and many of these parents think that they rule the world to start with. It would be nice to see them reminded that having a ton of money does not put you above the law, but with high-priced lawyers, they may well "get off."
Kennesaw Voter
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May 07, 2010
Well "Mr. Truth Hurts"....you are a dufus....I hope I get called for jury duty....GUILTY!....hope she pays a hefty fine, has over 100 hours of community service, gets at least 3 years probation....and I could even go for a few days in the slammer!....Oh Yeah, put me on the jury....I'll give both of them some old fashioned justice.
Blind Justice
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May 07, 2010
Yeah, I hope I get jury duty too - GUILTY!
about time2
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May 07, 2010
Glad to see someone upholding the law w/o special treatment allowed. I'm afraid that's why our kids are getting out of control - give em an inch...
truth hurts
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May 07, 2010


Good job B.Morgan you super-hero. Keep building that mountain out of the mole hill. Hope I get jury duty for that one--NOT GUILTY!
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