Potter almost thrown in jail during court
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Scott was there to decide the fate of G.W. Wiley, 18, and his brother, Brandon Wiley, 15, for the Dec. 13 hammer attack on their father, Dr. Gregory Wiley at the family’s Francis Ferry Road home. She was the special judge assigned to hear the case because Judge Larry Ross had earlier presided in a transfer hearing for the teens.
The banter between Scott and Potter began early in the hearing when Potter asked why TV and newspaper cameras were being allowed in a juvenile case. The attorney general said he had never known cameras to be allowed in juvenile court.
“This is a high-profile case,” Judge Scott said. “You should have considered this would happen.”
While Potter was joined by defense attorneys in asking the cameras not be allowed, Judge Scott read aloud from the law, saying it was her understanding it was a discretionary call by the court and that cameras would be permitted with some pre-discussed limitations which included no photography of faces of the juveniles or their families during court.
“I’ve made my ruling,” Scott said sternly as Potter attempted to re-visit the question, drawing the judge’s ire when he noted Judge Larry Ross had not allowed cameras in juvenile court. Scott noted she was now the judge and that her ruling would stand.
Following the initial episode, another incident occurred as Potter was trying to solicit testimony from Brandon Wiley’s twin sister, Brittany Wiley. In earlier hearings, prosecutors had introduced a letter, allegedly in G.W. Wiley’s writing, entitled “10 Ways to Kill Your Father.” The letter contained various means of killing one’s father and was a major piece of evidence prosecutors had hoped to use to link G.W. to the alleged conspiracy leading up to the hammer attack on Dr. Wiley. The letter, prosecutors felt, showed G.W. Wiley had thought about killing his father and that his younger brother’s attack was pre-meditated.
However, an objection by G.W. Wiley’s attorney, Billy Tollison, claimed Potter had not laid the proper foundation to enter the evidence and was also leading the witness. This stopped the prosecutor in his tracks.
“I’ve never, in all my years, had a court do this,” Potter said of the judge’s ruling. “We’ve had no problems getting the testimony in the other hearings.”
Again irritated by Potter’s reference to the way Judge Ross conducts juvenile court, Judge Scott answered, this time warning Potter she would tolerate no further second guessing of her rulings.
“You mean nobody has stopped you from leading a witness before,” Scott said.
The ruling prevented prosecutors from entering the letter into evidence as Potter was unable to pull the needed testimony from the girl, who was not keen on admitting testimony which could lead to the conviction of her twin brother.
Another attempt to get the letter into evidence, using the testimony of DA investigator Jason Rowland, was also rebuffed because he could not swear it was in the handwriting of G.W. Wiley. Rowland had found the letter during a search of the residence.
While the question of the letter ended the confrontation between Potter and Judge Scott, the judge again had stern words as the case ended, this time for the alleged victim, Dr. Gregory Wiley.
The doctor, who has openly asked prosecutors to go easy on his sons, left the courtroom immediately after testifying. He has traditionally departed the courtroom after giving his testimony in earlier hearings. His absence brought questions from Judge Scott who said she was needing him to sign a consent form authorizing Brandon Wiley to undergo psychological evaluation in Chattanooga.
“I don’t know why he would leave,” Scott said, noting if she gave directions for someone, such as Dr. Wiley, to see the evaluations were carried out, then they would be carried out or the person entrusted with the responsibility would be held liable by the court.
Wiley’s wife, Shawna Wiley, who remained in the courtroom all during the proceedings, was instructed to call her husband and bring him back to the courtroom so he could sign the necessary papers.