Prosecutor seeks more Busch case information
by Kim Isaza
kisaza@mdjonline.com
February 26, 2010 01:00 AM | 2051 views | 42 42 comments | 37 37 recommendations | email to a friend | print
MARIETTA - The special prosecutor reviewing the Cobb Police investigation of what happened at the home of Diane Busch on Dec. 22 asked the police department on Wednesday to pull more records for her to review, Police Chief G.B. Hatfield said Thursday.

Lalaine Briones, a staff attorney at the Prosecuting Attorneys Council of Georgia, in Atlanta, will recommend whether Busch or any other adult will face charges for their actions that morning. Police cited 10 teenagers for underage drinking inside Busch's home.

"She's asked for more material on the case, and we're going to try to supply it for her," Hatfield said.

The Journal also learned Thursday that John Summers, an assistant solicitor under Barry Morgan, has resigned. Summers had handled the prosecution of one of the teens cited at Busch's home.

Briones made her request to Cobb Police on Wednesday, Hatfield said. Hatfield does not know when Briones will make her recommendation, he said, though she received the files more than one week ago.

"We're not pressuring her," Hatfield said.

The police chief also declined to say whether he believes Busch, her friend Kathryn Middleton, who was at the house, or anyone else should have been arrested that night.

The police report quotes Busch as saying she had provided the alcohol. It also notes that when police - who arrived at the home about 3 a.m. - asked the youths to summon an adult, Middleton appeared with a beer in her hand.

"I don't think it would be right for me to say anything," Hatfield said. "I'm going to respect the prosecutor's review of the case and recommendations. That's why we are where we're at."

In 2009, Cobb Police issued 743 citations or juvenile complaint forms involving underage drinking. Of those, 104 were to people under 17.

But police were unable to extract exactly how many of the rest of the citations, 639, were issued specifically to a minor in possession of alcohol. Police spokesman Officer Joe Hernandez said officers enter the citations into the computer based on code section, and code 3-3-23 is used not only for minor in possession, but also for false identification, furnishing alcohol to a minor and businesses selling to minors.

"But I think it's fair to say that of those 639, a great majority are probably to people under 21," Hernandez said.
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comments (42)
« status wrote on Thursday, Mar 04 at 01:49 PM »
My comment was with regard to Judge Diane Busch filling in as Judge in the State Court of Cobb and Cherokee while on INACTIVE STATUS some years ago.
« Cobb Lawyer wrote on Monday, Mar 01 at 12:07 PM »
I just checked and Diane Busch on active status with the bar.
« Cobb Lawyer wrote on Monday, Mar 01 at 12:05 PM »
Many sitting judges are not on active status with the bar. In fact, you don't even have to be a lawyer to be a judge. But, Diane also practiced law. That, I'm pretty sure, you can't do without being active.
« CYA wrote on Saturday, Feb 27 at 04:49 PM »
I know of both Judge Nancy Campbell and Diane Busch and it would be a cold day in hell before Judge Campbell would risk her livelihood for the wishes of Ms. Busch.
« One Who Thinks wrote on Saturday, Feb 27 at 10:08 AM »
Yes, the truth will set you free. YOU HAVE NOT read it here. Also, do we really want the police and prosecutors to never use discretion and to always act to the fullest extent of the law? Get ready for tickets of 1 mile over the limit, $1000.00 fines for misdemeanor cases, and loooong jail sentences (they can do all that you know).
« Alan Faircloth wrote on Saturday, Feb 27 at 07:53 AM »
So if Barry Morgan thought enough to get a special prosecutor to handle the Busch investigation, why did he not take the next logical step and recuse his office from and have a special prosecutor handle the cases against the kids? Given the interwined facts and commonality between the cases, seems to me a conclusion of potential conflict as to one applies to both. There is no end to the questions raised by this matter....so far, the answers have not been forthcoming or fail to pass the smell test.
« Rational thinking wrote on Friday, Feb 26 at 10:48 PM »
Does anybody realize that it probably is taking this long because they have no evidence on Busch? Except for one little sentence that was probably said sarcastically. Obviously none of the kids are coming out and saying she gave them alcohol so in my opinion it seems like she did not.
« to pay attention wrote on Friday, Feb 26 at 03:14 PM »
At this point it would be "odd" if documents did not disappear.

That is what the good ol gang does. They are extremely "skilled" at making things go "legally" their way.

It isn't right and it is not justice. The constitution was specifically written to "prevent" these judges from holding office.
« White Flag wrote on Friday, Feb 26 at 02:39 PM »
The School, parents, students and law officials should wave the white flag and surrender. The truth shall set you all free.
« Dear John wrote on Friday, Feb 26 at 02:29 PM »
John Sumner, I'm sorry about your resignation. You're young....just learn from this so you never end up like the major players in this case.

It's obvious from your initial quote in the paper ("I'm fairly certain Judge Campbell won't go along with it. 150 hours of Baseball in exchange for the normal stuff won't cut it with her") that your integrity was intact at the start. It's not easy to withstand being overrun by the good ol' gang.

You'll be fine....and will soon consider your fate in this matter to be a blessing in disguise.
« just wondering wrote on Friday, Feb 26 at 02:10 PM »
Was Nancy Campbell at the party?
« Really??? wrote on Friday, Feb 26 at 01:07 PM »
Diane Busch is still a judge?????
« No worries wrote on Friday, Feb 26 at 01:07 PM »
If I ever have children I am making sure they are signed up for sports..... just in case they decide to get wild every now and then.
« batter up wrote on Friday, Feb 26 at 01:04 PM »
Did Judge Busch work a T-ball deal for the juveniles?
« Lessons from this wrote on Friday, Feb 26 at 01:00 PM »
It is very sad that our public officials chose to have it come to this. Had they been transparent and honest from the very beginning, justice would have been served, the judge, senator and kids would have gotten this behind them, and the community would still have had confidence in these notorious law breakers. But, alas, these people did not make the right choice the first time. And now, every major local news paper is covering and looking into what exactly happened during and after December 22. So let this be a reminder that nobody is ever above the law and that public officials that try to take advantage of their positions to evade the law WILL face the CONSEQUENCES.
« check it out wrote on Friday, Feb 26 at 12:47 PM »
Just wondering how many times Judge Busch sat in State Court of Cherokee County while on INACTIVE STATUS with the State Bar.
« PayAttention wrote on Friday, Feb 26 at 11:38 AM »
One can only hope that Ms. Briones or someone on her staff IS taking the time to read the comments following the stores in the MDJ. There are most likely friends and relatives of persons who were at the Busch home with knowledge of the event, but have no way of giving that information to Ms. Briones. If the court and the special prosecutor really want to get all of the facts and apply the law fairly-then they should all means to find out what happened. also, if Judge Busch discussed the case of her client with Nancy Campbell in order to "arrange" baseball practice as community service shouldn't there be records from the court that document those proceedings?

Agree with many of the people who continue to say this investigation seems awfully odd and disorganized-which makes citizens believe documents and information are being withheld to protect the adults at the heart of the investigation.
« anonymous wrote on Friday, Feb 26 at 11:23 AM »
*YAWN*
« Our Rights wrote on Friday, Feb 26 at 10:57 AM »
Sure they knew, they all knew and thought it was going to disappear. They thought the public would be too dumb to ask questions if it squeaked through. Just my opinion though, it doesn't count.
« lucky 7 wrote on Friday, Feb 26 at 10:21 AM »
District 7, Council of Municipal Court Judges, July 2009-2010, Judge Diane M. Busch