ALBANY, Ga. — Despite legal motions and maneuvers, Vincent Wadley is on track to face another jury of his peers, said a Dougherty County court official.
A trial court granted Wadley a new trial after he was found guilty of child molestation in May 2010 because it ruled Judge Denise Marshall exhibited bias in front of the jury.
With a new trial in the process, Wadley’s attorney James Finkelstein appealed to the Court of Appeals of Georgia stating multiple objections to any trial at all.
That court denied the appeals that included an assertion of double jeopardy, insufficiency of evidence and allowing a child’s hearsay evidence.
“The appeals process is not over,” Finkelstein said. “The Georgia Supreme Court will rule that the hearsay evidence is out and without hearsay they have no case.”
District Attorney Greg Edwards said that he doubts the case will even go to the supreme court. The lower court already ruled on the main issue of the hearsay evidence in favor of the prosecution.
Wadley, a former Albany Police Department officer, had been out on $10,000 bail during his first trial. At the district attorney’s request, Wadley had been denied bond for the second trial. He was remanded to the Dougherty County Jail until the new trial.
Finkelstein then filed a motion in Probate Court to have Wadley released until his trial date. 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 judge 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.
Finkelstein filed a civil rights violation suit in the U.S. District Court for the Middle District of Georgia, contending that Wadley’s constitutional rights were being violated by his incarceration until his new trial.
In his motion, Finkelstein argued that Wadley was initially granted bond, had “impeccable conduct” while awaiting his first trial and had met all of the requirements to receive a bond since his conviction was vacated.
With the court ruling in Finkelstein’s favor on the case, bail was set at $7,500. A new trial date has to be scheduled.