Suspended lawyer for Clayton County Sheriff Victor Hill calls charges “constitutional violation”
CLAYTON COUNTY, Georgia. – Lawyers for Clayton County Sheriff Victor Hill have said the criminal case against him is unconstitutional and they are asking a judge to dismiss it.
Former federal prosecutor turned defense lawyer Lyndsey Barron drafted the motion to dismiss the criminal case which was filed on July 7.
“There must be a case that warns him that putting someone in a chair is a constitutional violation,” said Prosecutor Barron.
The government alleges that the sheriff, now suspended, abused a restraint chair and allegedly deprived four victims of their civil rights.
But lawyer Barron argues that it was Hill’s rights the government violated. She said it was easy.
“The constitution prohibits the prosecution of anyone who has fundamentally failed to notice that what they are doing is criminal. It is a fundamental premise of our criminal justice system,” said Prosecutor Barron.
The sheriff’s legal team said that because Hill had not been given a “fair warning” he could not be convicted.
“They’re used all over Georgia. They’re being used all over the country, but we can’t find a single case similar to the sheriff’s. It’s the notification problem. Where else has it gone- he produces?” senior lawyer Drew Findling was interviewed.
Sheriff Hill’s defense team said if there was misuse of the restraint chair, there were other ways to fix it.
“If the Department of Justice has a problem with how Sheriff Hill was using this chair, then there are remedies and ways to deal with this policy without indicating someone who has not been notified,” commented the attorney Barron.
Governor Brian Kemp suspended Hill from his post over the case in June.
No date has yet been set for the federal trial.
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