Mistrial declared for 'Stop Cop City' activist Ayla King

ATLANTA - Fulton County Superior Court Judge Kevin Farmer has declared a mistrial related to various issues with the jury for the first "Stop Cop City" activist to go to trial for violating Georgia's Racketeer Influenced and Corrupt Organizations. 

"It's been some 16 months since y'all last saw this courthouse. And at this time, I am going to declare a mistrial in this case, which means y'all are done," Judge Farmer told the jury. 

Following the judge's declaration, he also said that it's the court's intention to move forward and to select a new jury.

King's attorney objected to the mistrial and filed a "plea in bar" to prevent a retrial, arguing that the mistrial was "improperly granted" and that retrying the defendant would violate protections against jeopardy. 

"By dismissing the jury, our argument is now they're going to be facing again. That's double jeopardy," attorney Surinder Chadha Jimenez told the judge. 

The judge then denied the objection to the mistrial and denied the "plea in bar." 

The defense also raised concerns about a supplemental witness list from the state, which included over 100 new names. The prosecution responded that the list was submitted in anticipation of a future trial following a mistrial.

Additionally, defense objected to heightened security measures at the courthouse, particularly secondary inspections requiring members of the public to show identification. The attorney argued this created a "chilling effect" on courtroom access in a First Amendment-related trial.

Both sides acknowledged that King's demand for a speedy trial remains in effect. The prosecution indicated that it would be ready to try the case in the next term (likely September) if an appeal of the mistrial is not pursued. 

The judge thanked the jurors for their "extended service" over the past 16 months, including one alternate who joined via Zoom from Massachusetts, and dismissed them. 

Before court began on Monday morning, protesters and demonstrators gathered outside the Fulton County  courthouse to show their support. The demonstration included a band performing for the crowd. 

"All of these folks here are not only supporting my client, they're supporting freedom of speech. They're supporting everybody's right to be able to stand up to the government and say, we don't agree with what you're doing," King's attorney told FOX 5 Atlanta. 

ORIGINAL STORY

After over a year of delays, the first trial in Georgia's racketeering case against protesters attempting to stop the creation of Atlanta's new public safety training center will begin on Monday.

Ayla King, 20, is one of 61 people indicted under Georgia’s Racketeer Influenced and Corrupt Organizations law, known as RICO. They will be the first of the defendants to stand trial.

King faces a single charge of violating the RICO law, which carries a sentence of five to 20 years in prison, although time behind bars is not guaranteed.

The backstory:

King, a resident of Worcester, Massachusetts, was one of 23 people arrested in connection with a clash between police and protesters at the site of the training center on March 5, 2023.

That night, police say dozens of protesters left the nearby South River Music Festival, changed into black clothing, and entered the site of the controversial police training center.

A video released by Atlanta Police shows what appears to be fireworks aimed at officers. In the same video, you can see items including rocks and Molotov cocktails being thrown by protesters in the direction of police, a tipped-over vehicle that later became engulfed in flames, and protesters attempting to set other pieces of construction equipment on fire.

King was one of dozens of people detained at the music festival after the alleged vandalism and is accused of being one of the group who trespassed into the forest. 

The other side:

Activists have questioned authorities’ evidence because protesters were arrested at a music festival about three-quarters of a mile from the construction site and more than an hour after the demonstration. 

Demonstrators and civil rights organizations, including the American Civil Liberties Union, have condemned indicting the demonstrators and accused state Attorney General Chris Carr, a Republican, of levying heavy-handed charges to try to silence a movement that has galvanized environmentalists and anti-police protesters across the country.

King’s attorney has said the teenager is "innocent of all charges."

What's next:

The trial was set to begin in January 2024, but was delayed after the defense argued that King’s right to a speedy trial had been violated. Fulton County Superior Court Judge Kimberly Esmond Adams seated a jury on Dec. 12, 2023, but postponed the trial by nearly a month due to the holidays, which she said would likely cause complications for many of the jurors.

Defense attorney Suri Chadha Jimenez objected to the delay and later filed a motion to dismiss the case, arguing that swearing in a jury wasn’t enough to meet the criteria of a speedy trial.

The judge rejected that argument but further delayed the trial because Jimenez said he plans to appeal. That appeal was denied by the Georgia Court of Appeals in October.

Barring further delays, King's trial is set to begin at 9 a.m. on Monday.

Protesters say they plan a rally and punk show on the steps of the Fulton County Courthouse before the trial begins.

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