Marking another bizarre turn in the saga of Georgia retailer Gordon Lee,Rome prosecutors have drawn up a new indictment that replaces theaccusation CBLDF lawyers filed motions against earlier this month. Theindictment was procured at a special grand jury session earlier thismonth, and restates the charges from the previous accusation filed inMay. This new development marks the third time charges have beenbrought against Lee for the accidental distribution of "AlternativeComics #2" in October of 2004. The previously announced June 15 motionshearing is cancelled. Lee now must stand before a new arraignment onJuly 7, after which his lawyers must re-file their motions.
Paul Cadle, Mr. Lee's counsel in Rome, says, "We believe this newdevelopment arises from our Motion to Quash, which -- in layman's terms-- relied upon Georgia law which requires that the Defendant bere-indicted if new charges are brought out of the same matters whichhave previously been presented to the Grand Jury. Accordingly, sinceGordon was indicted initially by the Grand Jury in the first case whichwas dismissed, he was entitled to the same protection the second time.The dismissal of the second case embodied in the accusation and the newindictment appear to be consistent with our position in the Motion toQuash. We will now have to again file motions for the new arraignment,some of which may be new motions based upon the continuing developmentsin the case."
Cadle adds, "It is highly unusual to have a single defendant face threearraignments in less than two years for the same alleged criminalconduct. In my fifteen years of practice, I have never seen such anoccurre
nce." Under the current indictment, Lee still faces two misdemeanor counts ofdistributing Harmful to Minors materials – a charge carrying penaltiesof fines for up to $1,000 and up to a year in prison. To date, theComic Book Legal Defense Fund has spent over $60,000 defending Mr. Lee.
To support the Fund's defense of Gordon Lee, please visit www.cbldf.org.