ALBANY A former Albany police detective convicted of child molestation but granted a new trial by a superior court judge, is asking the U.S. district court to release him from the Dougherty County Jail until his new trial.
Vincent Wadley was a detective with the APD when he was charged and indicted. Convicted by a jury, Wadley petitioned the Dougherty County Superior Court to vacate his conviction and call for a new trial, which it granted. But, at the District Attorney's office's request, Wadley was denied bond and was remanded to the Dougherty County Jail until his new trial could start.
Wadley's attorney, Jim Finklestein, then filed a motion in Probate Court to have Wadley released until his trial date, but before Probate Judge Nancy Stephenson could rule on the motion, the district attorney's office filed what's known as a writ of prohibition to bar the probate court from considering the matter.
Chief Superior Court Judge Willie Lockette granted a temporary restraining order on the probate court until he could review the writ and render a decision; a decision that has not yet been made.
On August 26, Finklestein filed the civil rights violation suit in the U.S. District Court for the Middle District of Georgia here in Albany, contending that Wadley's constitutional rights were being violated by him being locked up until his new trial.
In his motion, Finklestein argues that Wadley was initially granted bond and had "impeccable conduct" while awaiting his trial and has met all of the requirements to receive a bond since his conviction was vacated.
Officials with the district attorney's office say they stand by their decision to keep Wadley in jail.
"Our position on Mr. Finklestein's motion is that Mr. Wadley was tried before a jury of his peers and that twelve citizens of this community found him guilty," Assistant District Attorney Matt Breedon said. "He was convicted and sentenced and when given the opportunity we'll present the case again."