ALBANY, Ga. -- A Dougherty County Superior Court Judge has granted a motion for a new trial for a former APD detective convicted of child molestation, court documents show.
Vincent Wadley was convicted by a jury on one count of felony child molestation on May 24, but comments made by the trial judge, Superior Court Judge Denise Marshall, in the presence of the jury has led judge Stephen Goss to order a new trial, court documents show.
Specifically, Goss points to a statement made by Marshall while Wadley's attorney, Jim Finklestein, was questioning an expert witness on the stand.
"The judge, in the presence of the jury, stated what she believed the evidence to be. This requires a new trial under O.C.G.A. 17-8-57," Goss wrote in his order.
Goss also referenced a review of documents by Marshall from the Department of Family and Children Services, in which she ordered the courtroom cleared of everyone, including the defendant.
Finklestein wouldn't comment on the order or the specifics of the case but did insist his client was innocent of the charges against him.
"My client is, without question, innocent of this crime," Finklestein said.
Goss' order calls for a new trial at 8:45 a.m. Sept. 26.
Wadley, under the order, will be held without bond until the trial because of what Goss said was a "heightened risk of flight" by the defendant.
Wadley was indicted March 3, 2010, for an alleged incident that grand jurors contend happened between May and June 2008 in which Wadley inappropriately touched the buttocks of a child under the age of 16.