Judge charged in teen drinking party
by Kim Isaza
News editor
kisaza@mdjonline.com
March 06, 2010 01:00 AM | 4231 views | 40 40 comments | 102 102 recommendations | email to a friend | print
MARIETTA - Cobb Police on Friday filed 21 charges against Woodstock municipal court judge and Marietta attorney Diane Busch relating to a Dec. 22 Christmas party at her upscale west Cobb home next to Marietta Country Club during which 10 Walker School teenagers were cited for underage drinking.

Cobb Police arrived at Busch's house at 3 a.m. after a neighbor reported hearing what sounded like gunshots. The teens had been popping balloons.

Busch, 47, who the Journal reported on Feb. 13 was under investigation by a special prosecutor, 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 warrant.

Police also charged Busch's friend and neighbor, 46-year-old real-estate agent Kathryn Middleton, with each count the judge faces, other than obstruction. Middleton had attended the party at Busch's home on the evening of Dec. 21, and was reportedly cleaning up when police arrived about 3 a.m. on Dec. 22.

All charges are misdemeanors.

State Senator John Wiles, a Kennesaw Republican, arrived at the party after the police did and was mentioned prominently in the police report. However, Wiles faces no charges.

Busch turned herself in around 5 p.m., according to the Cobb County jail Web site. Busch posted the $3,500 bond within an hour, and was released at 5:49 p.m.

Middleton also turned herself in Friday afternoon and her husband posted her $3,500 bond.

Both Busch and Middleton are to appear in court to answer the charges on May 7.

The case has taken some bizarre twists, including information from the Cobb Solicitor's Office that said Busch was representing one of the teens at the party 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, adding he already had dismissed the case, and subsequently resigned.

Busch was initially representing the teen but turned the case over.

Jimmy Berry, who is representing Busch, did not return a call for comment on Friday afternoon, though he had previously said Busch was unaware the teenagers were drinking in her home.

Joel Pugh, the attorney for Middleton, said his client intends to plead not guilty to all charges.

"She's adamant that she didn't furnish any alcohol to minors," he said. "We're not happy she's been charged, but we are ready to go to court and get this behind us."

Lalaine Briones, a staff attorney at the Prosecuting Attorneys Council in Georgia, had been brought in as a special prosecutor in the case, and it was her recommendation that the charges be filed. Briones first met with Cobb Police two weeks ago to review their investigation, and she will continue as the prosecutor in these cases.

Busch's warrant, which was taken by Cobb Police Sgt. C. Dong, states that she "was present at the time of the alcohol consumption and knew of the under aged drinking," and that she provided a location for kids under 21 "to gather where alcohol was both present and consumed by" the youths.

The warrant also accuses Busch of obstructing Officer S. T. Walton when he and the officers were at her home by "misrepresenting the present location of a juvenile, whom the officer was attempting to locate in order to obtain parental information for the purpose of requesting that the minor's parent collect him from the location, when the accused stated that the minor had left the location with his parents prior to the arrival of law enforcement, a statement Officer S.T. Walton knew to be false."

Maximum punishments for a conviction on each count of the various charges range from six months in jail and a $300 fine, to 12 months in jail and a $1,000 fine.

However, prosecutors said first-time offenders are usually sentenced to probation and community service and fined about $400 for such a charge.

Misdemeanor cases are prosecuted in Cobb State Court. Solicitor General Barry Morgan's office usually prosecutes misdemeanors, but he recused his office in this case and asked for an outside prosecutor because one of his assistant solicitors had attended the Christmas party at the home earlier in the evening and could be called as a witness.

***

Four teenagers over age 17 and six juveniles were given citations for underage drinking after police arrived at Busch's home in the wee hours of Dec. 22.

The case against one of the "adult minors" was dismissed early last month as part of a diversion program, after he performed community service, paid a fine, received counseling and passed three drug tests.

Morgan's office re-filed the charge against another one of the four "adult minors" because the proper paperwork had not been filed in his case. That teenager, William Maxwell, is not eligible for the diversion program because his blood-alcohol limit at the time of the citation was .171.

Hearings in the cases of the two other "adult minors" are scheduled for mid-March. The status of the cases against the six juveniles is unclear, as juvenile court records are confidential.

Cobb Police were dispatched to the Marietta Country Club neighborhood, off of Stilesboro Road, in the early hours of Dec. 22, after a neighbor reported hearing what sounded like gunshots.

Upon investigating, police found lots of popped balloons in Busch's driveway, and an officer knocked on the door of her Hazeltine Lane home. Another officer checking the back of the house could see beer bottles and cans on a ping-pong table and in the hands of "numerous young looking individuals," according to the police report.

An officer then encountered a youth on the home's deck and asked if there were any adults home and for him to summon them, according to the police report.

Middleton then appeared at the door and "appeared intoxicated," according to the police report. One of Middleton's children was also at the home.

"Officer Ryan asked if [Middleton] could get the homeowner and she responded by asking us why we were there," and officers explained about the report of gunshots, according to the report.

"I asked Ms. Middleton if she knew how old the individuals located in the basement were. Ms. Middleton stated that most of the kids went to the Walker School," the report states.

Middleton returned a few minutes later with Busch, the homeowner, "who also seemed to be very intoxicated," according to the report. "She seemed to not comprehend and continued to ask why we were there. Our presence was explained to her multiple times. ... 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."

Busch allowed police to enter her home, where they began talking to the teenagers, according to the police report.

"Mrs. Busch advised she had just woken up and seemed to be agitated at what she observed in the basement, stating 'you damn kids'," the report states.

"When Mrs. Busch came down to the basement her speech was slurred," one officer noted in the report. "Ms. Busch was very unstable on her feet as she staggered toward us. Ms. Busch repeatedly asked why the police were present at her residence."

"Ms. Busch accompanied me while checking the upstairs portion of the residence where there were young children sleeping," the report states. "I located three additional underage subjects that had been drinking. One ... was hiding in a walk-in attic space. The other two subjects were found in a bedroom fully clothed and lying in a bed."

Sen. Wiles arrived at Busch's home while the police were talking to the teenagers in the basement and using Alco sensors to check for alcohol consumption, according to the police report.

Busch, who was recently reappointed as an associate municipal judge in Marietta and has filled in as a Cobb State Court judge in recent years, is an attorney in Wiles' law firm, Wiles & Wiles, in Marietta. Wiles also lives in the Marietta Country Club community, where homes are currently listed for sale for more than $1 million.

According to the police report, Wiles "stated that he had come to assist Mrs. Busch. Mrs. Busch made it known that Mr. Wiles was a former Cobb County prosecutor and is [now] a state senator. Mrs. Busch had also stated that she was a traffic court judge in Woodstock."

Wiles was not charged with any crime.

Last week, he released this statement: "I was there as a father picking up his son, and as an attorney who had a co-worker facing a difficult situation. I did not identify myself as a state senator; another adult did that. I also did not request any special treatment for my son, who was treated the same as every other child there. At the request of the police, I stayed to help contact parents of the other youths involved, and helped make sure that they all got home safely."
comments (40)
« re: Big Guy wrote on Monday, Mar 15 at 03:36 PM »
really? So you think the ongoing articles about this petty topic have nothing to do with the MDJ supporting Wiles' competitor? His actions hold no consequences, why are you trying to lynch him? Sen. Wiles is one of Georgia's key assets in keeping the University System afloat, even amongst recent budget cuts. Please stop attacking people who have dedicated their lives to promoting better ones for others, unless, of course, you can do a better job.

I think Cobb will be much happier once this story is finally extinguished...get it mdj?
« Big Guy wrote on Tuesday, Mar 09 at 10:41 AM »
Lets us not forget, Senator Wiles, who claimed the police were lying and tried to cover this up the night of the party has left Busch hanging out there. He should also accept responsibility for his actions. I know he will not because he is better than everyone and now it appears he is better than his law partner!!!!!!!!!!

I hope the voters remember this on the next election.
« Read the Article wrote on Monday, Mar 08 at 08:44 PM »
Simply Human stated:

"Thus far no one has proven when or how these kids began their drinking adventure. or where the alcohol came from."

Now c'mon - go back and read the article when it first broke. It is stated in the official police report that Ms. Busch stated that she provided the alcohol and when Kathy Middleton came staggering to the door, beer in hand.........
« FormerWalkerParent wrote on Monday, Mar 08 at 08:06 PM »
To Totally Astonished -

There are MANY former Walker parents that have weighed in on this debacle since the article broke on February 13. Yes, I'm proud my kids graduated and we got out of there as the tide was changing and we could feel it with each and every year. I'll continue to focus on this case as long the school continues to solicit me for my hard earned $$ while turning a blind eye to behavior such as this.
« ETHICS wrote on Sunday, Mar 07 at 08:07 PM »
Judges are disciplined by an agency called the Judicial Qualifications Committee ("JQC"). Why has this not been reported to JQC? Why have they not acted? Hmmm....
« simply human wrote on Sunday, Mar 07 at 07:59 AM »
You're right, Linda. I shouldn't keep Jack Daniels in my home...or prescription drugs,cough syrup,inhalants....and possibly sharp knives. Oh, and one of my kids has a diabetic friend, so I should be sure there's no ice cream around when he's over.

Maybe I should just put bars and locks on all the windows and install a metal detector at the door and an armed guard to frisk any child who walks through my door....And most certainly I should ask that they give me a drug sample in my restroom.

Of course I'm being ridiculous, but I am trying to make a point. Sometimes complete and total control is a tough thing to accomplish. As parents I think most all of us teach our kids to respect the law, respect others, and respect themselves. We do that even better when we demonstrate these attributes ourselves...But even when we've done everything right....even when we've monitored everything they are doing to the very best of our ability...sometimes children make the wrong choice.

Thus far no one has proven when or how these kids began their drinking adventure. or where the alcohol came from.

Until these things have been determined, I wish the crusaders out there would stop screaming for blood. Personally, I find it tempting fate to somehow assume none of this could have happened at your home or to your kids.

« chatarri wrote on Saturday, Mar 06 at 11:25 PM »
To What - we had over 100 people attend our last open house. Sorry your school isn't seeing that growth.
« West Cobb Mom wrote on Saturday, Mar 06 at 08:46 PM »
I am so glad that we are finally sending a signal that breaking the law will not be tolerated in this county. Busch, Middleton and Wiles have made a mockery of this county and they should be ashamed of themselves for time and time again making the bad choices that caused them to become household names.
« South Cobb Sal wrote on Saturday, Mar 06 at 07:57 PM »
Party on Diane---when you get back to court, crack down on all those defendants!!!! You're "entitled" --- you know a powerful state senator and bigtime attorney!!!!
« Dear MDJ wrote on Saturday, Mar 06 at 06:48 PM »
Wow, man this story reminds me of Watergate. Maybe there will be a pulitzer for Kim. Oh, wait a minute. The nation really cared about that and it was really important. Our nation is in serious difficulty now, but this is your top story. Kids drink. Semi-important person gets arrested. Less privileged folks write comments in blog. Geesh, what a waste of time.
« Watcher... wrote on Saturday, Mar 06 at 06:37 PM »
The MDJ continues to do good work!
« Woes of Wiles wrote on Saturday, Mar 06 at 05:37 PM »
A little birdie who hangs around Republican party circles in Cobb says the Repubs will be pulling the plug on Wiles's reelection bid, no matter what the outcome of Busch's troubles. Buh Bye Wiles.
« What?! wrote on Saturday, Mar 06 at 05:24 PM »
To Chatarri- Be truthful now-

My daughter goes to a well known local private school and we are hurting for applicants. In the last 3 years we've seen a large number pull out and enroll in a very popular Marietta City school. Applicants are down in most, if not all, private schools.
« Obstruct of Justice wrote on Saturday, Mar 06 at 05:16 PM »
Is it normal for OBSTRUCTION OF JUSTICE to be a misdemeanor in this case? Wasn't there more than one instance of obstruction (i.e. lying to Judge Campbell and the prosecutor)? Lawyers please expound.

« justice will prevail wrote on Saturday, Mar 06 at 03:28 PM »
Diane Busch and Kathryn Middleton should get at least the same sentence as Kecia Evangela Whitfield (6 misdemeanors = 1.5 years in prison, 30 months probation, $1,300 and 100 hours community service (not ball practice)). Cobb State Court Judge Russell Carlisle acknowledged that her (not maximum)sentence should be a warning to others and stated that the sentence will "show you there is another way out there and it will send a message out to the community that we cannot tolerate this.”

Busch and Middleton obviously did not get the message. Ladies, we will NOT tolerate this and if you have to sit in jail until you do get it, so be it.
« Chatarri wrote on Saturday, Mar 06 at 03:16 PM »
Last comment. To those who think the private schools are for the rich/privileged - think again. The open house events held by private schools are crammed. With the Georgia Goal Scholarship Program available to those who want to leave the public sector for private schools - the local private schools are seeing record numbers of applicants.
« urnext wrote on Saturday, Mar 06 at 02:54 PM »
TO HLM Smyrna,

Neighbors with GOOD ears (and noses)in right places..........Wait and see what paralegals with GOOD ears and NOSES leak to the MEDIA about Smyrna
« friendly tip wrote on Saturday, Mar 06 at 02:37 PM »
Judge Busch,

You may want to check but I believe driving around drinking alcohol in your golf cart through the streets of the Marietta Country Club is illegal as well.

« your honor wrote on Saturday, Mar 06 at 02:33 PM »
What goes around comes around.
« hoorah wrote on Saturday, Mar 06 at 02:28 PM »
KUDOS to MDJ