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Request a DemoCan legislation to reduce risks posed by dangerous sexual offenders succeed this time?
Update, March 9, 2023: HB 188, the Dangerous Sexual Predator Prevention Act, sponsored by Rep. Steve Sainz, R-St. Marys, passed unanimously in the House. It now heads to the Senate. The bill requires life sentences in prison or on probation, and electronic ankle monitoring for repeat sex offenders. HB 463, which would reorganize the operations of the Sexual Offenders Registration Review Board, did not move forward.
ATLANTA — Two state legislators are planning to introduce bills that would affect how people convicted of sexual offenses in Georgia are sentenced and monitored.
One bill focuses on the highest-risk class of “sexually dangerous predators” who are repeat offenders, and the other attempts to address the staggering backlog of cases at the Sexual Offender Registration Review Board (SORRB), which rates the risks that sexual offenders pose to the public.
Rep. Steven Sainz, R-St. Mary’s, will be introducing, for the fourth time, the “Georgia Dangerous Sexual Predator Prevention Act,” intended to make life sentences — consisting of prison time, probation, or a combination — mandatory for people who are convicted a second time of one of 13 felony sex crimes. Those repeat offenders would be required to wear a GPS ankle monitor after they are released from prison.
Meanwhile, Rep. Mandi Ballinger, R-Canton, is crafting a bill that will change how SORRB operates in an effort to help the review board evaluate the risk level of more than 6,000 sexual offenders who have been convicted but not yet classified by the agency. Some of those people are incarcerated, and some are living in communities around the state while serving parole or probation.
The legislation is arising at a time when many people are concerned that the state is failing to adequately address the potential risks posed by dangerous sex offenders.
The recent kidnapping, attempted rape and murder of a young woman in Atlanta by a convicted sex offender exemplifies the need for legislative action, says Rep. James Burchett, R-Waycross, who is the majority whip and a member of the House Judiciary Non-Civil Committee.
Mariam Abdulrab, 27, finished her night shift at a bar in midtown Atlanta in August 2021 and was reportedly followed home by DeMarcus Brinkley, 27, who had been released on probation 10 months earlier after serving seven years in prison for child molestation. Brinkley allegedly accosted Abdulrab at gunpoint in front of her house in south Atlanta and forced her into his car, according to Abdulrab’s boyfriend, who said he witnessed the abduction through a window. Within an hour, Brinkley allegedly attempted to rape, then shot and killed Abdulrab, leaving her body about a mile away from her home.
At the time, Brinkley had not yet been classified by SORRB. He had previously been convicted of one count of child molestation involving a 6-year-old girl.
“So we have a murder by a sexual offender that was not classified,” said Burchett. “If he was being monitored, he would have been less likely to commit this crime.”
Sainz said his bill would make it so that repeat sexual offenders are automatically monitored if and when they’re released from prison, in part by mandating long, and in most cases, lifetime probationary sentences. In 2019, the Georgia Supreme Court ruled in favor of a convicted child molester who argued the unconstitutionality of requiring sex offenders to wear ankle monitors once they’ve completed prison, probation or parole sentences.
Since that court decision, 735 of the 1,354 people classified as sexually dangerous predators in Georgia, who formerly had been required by SORRB to wear ankle monitors for life, have had the devices removed. Now most of them are tracked primarily by annual visits from county sheriffs, who are stretched to check up on all 32,000 people listed in the Georgia Sex Offender Registry.
“These higher-risk people need to be tracked when they’re out of prison,” said Sainz. “And GPS monitoring has been shown to be an effective deterrent against sexual predators.”
Sainz has expressed frustration that while the House has approved his bill three times, it has not moved in the Senate. In an effort to ensure that the bill passes this time, he told State Affairs he is considering making some changes to the bill that “would give judges more discretion when sentencing” repeat sex offenders.
Last year the bill (HB 194), which passed 110 to 59 in the House, didn’t make it out of the Senate Judiciary Committee, chaired by Sen. Brian Strickland, R-McDonough. Strickland said the bill stalled “because there was concern on the mandatory minimums.”
At that committee hearing, Jill Travis, executive director of the Georgia Association of Criminal Defense Lawyers, complained that the bill mandates life in prison for a person’s second sexual offense, “no matter what the circumstances. … Life in prison means 30 years before you’re eligible for parole.”
Travis gave examples of some offenders who might receive life sentences for sexual offenses committed when they were young.
“How about improper sexual contact?” she said. “The 22-year-old substitute teacher is romantically involved with a 17-year-old student who is not actually his student. That’s a life sentence.” Travis acknowledged that the teacher would have had to have been “[previously] convicted of one of these felonies.” Travis argued for giving judges more flexibility in sentencing and around requirements for ankle monitors, asking the committee to change the sentences for several sexual offenses listed in the bill from “shall” to “may” require lifetime electronic monitoring.
Sainz complied, making that change in a last-ditch effort to pass the bill in a substitute version attached to a Senate bill related to child molestation (SB 382) in the waning days of last year’s session. The House once again passed it, but the clock ran out before the Senate could consider the amended bill. Sainz remains conflicted about altering his preferred “two strikes you’re out” approach.
“To be frank, Ms. Travis tries to find the perfect case that in theory, this could affect, and we’re trying to look at a data-based, measured approach,” said Sainz. “What she doesn’t mention are the heinous individuals that this bill would make sure that we monitor appropriately. It’s not hyperbole to say there will be more victims of sexual crimes that could have been prevented if our state had acted in a timely fashion.”
Nevertheless, Sainz said he is open to compromise this time around. “I don’t want to delay that action by insisting on the perfect bill if we can get something passed that’s acceptable to a judge and makes sure the state retains the right to GPS monitor.”
“This is difficult,” Strickland said. “It seems reasonable to make sure we’re keeping an eye on people who have a history of committing sexual offenses and taking advantage of vulnerable people. That said, if there’s a way to balance that with our desire to have a judge who sees the whole case, sees the defendant and hears all the facts, and a district attorney who may want to go in a different direction, having some judicial discretion would be a positive thing.”
The people who live in the Lakewood neighborhood in south Atlanta where Mariam Abdulrab’s body was found aren’t as measured in their view of what the punishment for sex offenders should be.
“That kind of crime, it’s the worst thing that can happen to a person,” said Robert Richardson, 72, who works as a dishwasher at the Something Special diner in Lakewood. “You hurt a person that much, that’s too bad for you. You need to be locked up for a long time, then you need to be watched like a hawk.”
“It sounds about right to me that we should keep close track of sex offenders,” said Valeria Calhoun, 64. Interviewed at the Family Dollar store on Lakewood Avenue where she works as a cashier, Calhoun said she knows the Brinkley family well, as her niece has been a lifelong friend of Demarcus Brinkley’s sister.
“He grew up in a troubled household, and I have sympathy for what his family’s going through,” she said. “But society needs to be protected. I have a bunch of nieces and girls in my family, including two granddaughters. I really don’t think people like that change. He had just gotten out of jail for doing basically the same thing.”
Tracy Alvord, who has served as executive director of SORRB since 2010, said, “Recidivism tells us a lot about a person and their drive to commit their offending behavior. When someone has been caught and yet goes on to do it again, and has a deviant sexual interest, they’re clearly at a higher risk. It’s not just someone who had this funky time in their life and they’ve stopped the behavior. They’re continuing, and they need to be monitored.”
Alvord said she would support Sainz’s bill, with or without new language giving judges more discretion in sentencing.
“As long as the focus remains on appropriate protection of the public and allows SORRB to present the judge with good, comprehensive information about the offender — because just like anybody, judges want to get it right,” she said. “Giving them some leeway to decide that a person not do their entire life in prison, and potentially do probation versus prison, depending on the case, but still being on the [ankle] monitor until and unless they are reclassified at a lower risk level, that’s all very appropriate.”
Alvord added that she’s equally invested in another bill to be proposed this session by Ballinger, which would restructure how SORRB operates. Ballinger currently serves on the SORRB board.
Due to the tremendous backlog of cases and the time that it takes her staff and board to work through them, Alvord said “the more cases we get, the more we get behind. And the concern is those higher risk sex offenders not getting the attention they need soon enough.”
While she says her team is prioritizing review of higher-risk offenders, they often don’t get enough information on some cases to do that in a timely way, particularly on offenders who move to Georgia after being convicted in other states. Some states, including Florida, she said, are slow or even refuse to provide detailed case information. Offenders with out-of-state convictions now make up about half of SORRB’s current case backlog.
In all, courts and law enforcement agencies refer about 150 cases per month to SORRB, but its 12-member volunteer board — composed of law enforcement officers, clinical counselors with sex offender expertise, lawmakers and a victims’ rights advocate — can only review and classify about 50 to 60 cases at each monthly meeting.
Alvord said the bill she and Ballinger are fine-tuning will call for the SORRB board “to focus on policy-making and assisting legislators and others to understand our work, and allow the case evaluators to do the sex offender evaluations and risk leveling, because they are really the experts at this.
“I mean, 99.9% of the time, they [board members] agree with the evaluators’ recommendation,” said Alvord. “And they spend a lot of time reading about cases when they could be using their expertise in a more advantageous way.”
To make this organizational change work, Alvord said her staff will need to expand to include more investigators, clinical evaluators and administrative staff. She has requested another $490,000 from the state to fund nine new positions for the fiscal year 2024. Currently, the total agency budget is $935,000, not counting $235,000 in federal funds for investigators that SORRB has been receiving since 2017 to help reduce the case backlog.
Ballinger’s bill will also recommend that SORBB expand its three-tiered system of risk levels for sexual offenders to five tiers, which Alvord said “will help better distinguish who is at the least possible risk and the most possible risk.”
Having five tiers of risk, she said, “would allow not just SORRB but all of the agencies responsible for monitoring or determining what’s going to happen to sex offenders to make better decisions.”
Marina Peed, executive director of Mosaic Georgia, a sexual assault and children’s advocacy center, said the proposed restructuring of SORRB makes sense.
“I can see how the additional risk levels would help better define the behavior patterns of people who willingly sexually violate other people, and also to show if some people are trying to change and making any progress,” said Peed. “But I am frankly most concerned about the capacity of SORRB to have enough staffing resources to be able to do adequate risk assessments of every sex offender that gets referred to them. Their backlog is a real problem in terms of public safety.
“The state says it wants our communities to be as safe as possible, but part of being tough on gangs and crimes is making sure that the agencies responsible for helping make that happen have the resources to do their jobs effectively,” she added. “SORRB is only one of the government agencies that are having to triage the worst of the worst cases that come before them because they don’t have enough staffing or funding. It would be really great to see that acknowledged in the state budget.”
Outside a barbecue restaurant in the Summerhill neighborhood of Fulton County, where 44 people classified as sexually dangerous predators have been released from ankle monitors in the last few years, two neighborhood friends debated the merits and drawbacks of the proposed legislation that would change how sexual offenders are treated.
“Lifetime ankle monitors sounds pretty drastic,” said Marc Ebelhar, 41. “The idea that there’s no opportunity for that person to change, and to be completely monitored at all times, seems a little Big Brother to me.”
“I appreciate that concern you have,” said Quinton Myers, 39. “But then again, think about the victims — they have a life sentence of mental and emotional abuse from being offended in a sexual manner. I have a daughter and like, God forbid anything would happen like that to her and this person goes and does it again? I can see where that law would apply. I can see that you’d want to give grace, but man, it’s such an egregious offense.”
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Global bird flu disrupts Georgia exports, costing chicken producers millions
ATLANTA — A global bird flu that has rapidly spread from birds to dairy cows, milk supplies and humans has cost untold millions of dollars in lost export business in Georgia, the nation’s leading poultry producer, officials with the state Department of Agriculture and poultry industry said.
Georgia has had only three reported cases of H5N1 avian influenza since it reemerged in 2022. The last of those cases was resolved in November 2023 but ramifications of those outbreaks continue to have a big effect on the state’s ability to export chicken and chicken parts, such as chicken feet, to different countries, including China, one of Georgia’s biggest export markets for chicken feet.
In 2022, frozen chicken feet, for example, accounted for more than 85% of all U.S. poultry exported to China, according to Farm Progress, publisher of 22 farming and ranching magazines.
The $30 billion poultry industry is Georgia’s largest segment in its No. 1 industry — agriculture.
China has also placed a ban on the import of chicken products from 41 other American states. The ban on Georgia products went into effect Nov. 21, 2023. Efforts to reach the Chinese Embassy in Washington, D.C. were unsuccessful.
Georgia Poultry Federation President Mike Giles estimates the state’s loss at “well into the millions of dollars.”
“It’s a significant amount in a significant export market for us,” he said. “Poultry paws [feet] immediately lose value because of the loss of demand.”
The ban has forced Georgia poultry producers to find alternative markets for their products that would normally be headed to China.
“Some are sold domestically, some are frozen and stored, hopefully to find markets later on, and some go to other countries,” Giles said.
This isn’t the first time China has banned U.S.-produced poultry products due to a bird flu outbreak. The country instituted a ban in January 2015 which lasted until November 2019 — even though U.S. poultry products were deemed free of the disease by August 2017.
After that ban was lifted, China’s appetite for American-produced chicken products became voracious.
In 2022, U.S. producers shipped nearly $6 billion in poultry meat and related products (excluding eggs) to over 130 countries. China has emerged as the second largest destination for U.S. poultry exports, increasing from $10 million in 2019 to a record $1.1 billion in 2022, according to Southern Ag Today.
Chicken paws, for instance, are eaten in many Asian countries, including the Philippines, Thailand, Indonesia and Korea.They can also be found on Chinese dim sum menus throughout the U.S. and are also popular in Jamaica, Trinidad, Russia and Ukraine in everything from soups and curries to fried snacks.
Three Georgia counties have reported H5N1 outbreaks since 2022. The most recent case was late last year. Henry, Sumter and Toombs counties each reported one case of H5N1 bird flu. Those outbreaks are resolved, poultry and state agriculture officials say.
“When HPAI cases are found in any state, that state is given a designation that could lead to foreign countries halting trade on poultry products from that state,” Georgia Department of Agriculture spokesman Matthew Agvent told State Affairs.
Not since 2016 has the United States experienced such a fast-moving case of the H5N1 avian influenza. In the last two months, the virus has spread in parts of the United States from birds to dairy cows, some milk supplies and humans. Two people — a Texas dairy worker and a prison inmate in Colorado who was killing infected birds at a poultry farm — are reported to have caught the virus, according to news reports. The outbreak is the largest in recent history, impacting both domestic poultry and livestock as well as wild birds and some mammal species.
State officials are continuing to monitor the national outbreak and its impact on Georgia.
Georgia’s poultry & egg industry: At A Glance
Annual economic impact: $30.2 billion
Percentage of the Agriculture industry: 58% *
Jobs: 87,900
Counties involved in poultry & egg production: 3 out of 4
National ranking in chicken broiler production: No. 1
Daily production of table eggs: 7.8 million
Daily production of hatching eggs: 6.5 million
Pounds of chicken produced daily: 30.2 million
Pounds of chicken produced annually: 8 billion
Number of chicken broilers processed each day: 5 million
Counties involved in poultry & egg production: 3 out of 4
Source: Georgia Poultry Federation; The Center for Agribusiness & Economic Development, University of Georgia, Ag Snapshots 2024; Georgia Poultry Federation.
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
Is it safe to eat chicken and eggs and drink milk? Answers to your most pressing questions about the latest bird flu outbreak
A two-year-old strain of bird flu has heightened concerns in Georgia and the rest of the country after the virus recently spread to dairy cows. Here’s what you need to know about the virus and its impact on Georgia and the rest of the country. What are the symptoms of this flu in humans? Eye …
Kemp signs bills on education, health care, taxes
Gov. Brian Kemp signed a slew of bills over the past week or so, including the private school voucher bill long sought by Republicans and a bill that will ease regulations over the construction and expansion of medical facilities in rural areas.
His bill-signing events were clustered into themes: education, health care, military members, human trafficking and Georgia’s coastal communities.
Education
Among the education-related bills Kemp signed was Senate Bill 233, also known as the Georgia Promise Scholarship Act, which provides the families of Georgia students enrolled in underperforming school districts with $6,500 scholarships that can be used toward private school or homeschooling expenses, including tuition, fees, textbooks and tutoring.
“Georgia is affording greater choice to families as to how and where they receive their education, while also continuing our efforts to strengthen public schools, support teachers, and secure our classrooms,” Kemp said, and thanked leadership in the House and Senate for prioritizing passage of the bill, which had failed in a close vote in 2023.
Democrats and many public education advocates who opposed the bill argued it will drain resources from public schools and primarily benefit students from wealthy families.
Kemp also signed Senate Bill 351, sponsored by nine Republican senators, which will require social media companies, as of July 1, 2025, to verify their users are at least 16 years old unless they receive approval from a parent.
House Bill 409, sponsored by Rep. Lauren Daniel, R-Locust Grove, directs school systems to consider not having bus stops where a student would have to cross a roadway with a speed limit of 40 mph or greater. The bill also increases the penalty for passing a stopped school bus to $1,000 from $250.
Kemp noted that Ashley Pierce, the mother of Addy Pierce, an 8-year-old who was fatally struck by a motorist as she boarded her school bus, “passionately advocated for and was instrumental in the passage of this legislation.”
Senate Bill 395, sponsored by Sen. Clint Dixon, R-Gwinnett, states that no school visitor or personnel can be prohibited from possessing an opioid reversal drug such as Narcan and directs schools to maintain a supply. It also allows opioid antagonists to be sold in vending machines and directs certain government buildings to maintain a supply of at least three doses.
Senate Bill 464, also sponsored by Dixon, creates the School Supplies for Teachers Program to financially and technically support teachers purchasing school supplies online. It also creates an executive committee of five voting members within the Georgia Council on Literacy and limits the number of approved literacy screeners to five, one of whom must be available to schools for free.
Health care
The governor chose his hometown of Athens as the venue to sign several bills aimed at improving health care in rural and underserved communities.
Among them was House Bill 1339, sponsored by Rep. Butch Parrish, R-Swainsboro, which revises the Certificate of Need process by which the state determines if and how new medical facilities can be built or expanded. The bill provides for several new exemptions, including psychiatric or substance abuse inpatient programs, basic perinatal services in rural counties, birthing centers and new general acute hospitals in rural counties. It also raises the total limit on tax credits for donations to rural hospital organizations to $100 million from $75 million.
Senate Bill 480, sponsored by Sen. Mike Hodges, R-Brunswick, establishes student loan repayments for mental health and substance use professionals serving underserved youth in the state or in unserved geographic areas disproportionately impacted by social determinants of health.
House Bill 872, sponsored by Rep. Lee Hawkins, R-Gainesville, chair of the House Health and Human Services Committee, expands cancelable loans for certain health care professionals to dental students who agree to practice in rural areas.
Senate Bill 293, sponsored by Sen. Ben Watson, R-Savannah, chair of the Senate Health and Human Services Committee, reorganizes county boards of public health and opens the qualifications for the CEO of each county board of health to include either licensed physicians or people with a master’s degree in public health or a related field.
Military members and veterans
Kemp on Wednesday focused on bills to improve military recruitment and provide more work opportunities for veterans and military family members.
House Bill 880, sponsored by Rep. Bethany Ballard, R-Warner Robins, allows spouses of military service members to work under a license they hold in good standing in another state while under the supervision of an existing Georgia medical facility or provider.
Senate Bill 449, sponsored by Sen. Larry Walker, allows military medical personnel to practice for 12 months while a license application is pending, including working as a certified nursing aide, certified emergency medical technician, paramedic or licensed practical nurse. The bill also creates a new advanced practice registered nurse license and makes it a misdemeanor to practice advanced nursing without a license.
Human trafficking
The governor on Wednesday was accompanied by first lady Marty Kemp and other members of the GRACE Commission for the signing of an anti-human trafficking package. It includes Senate Bill 370, which adds certain businesses to the list of organizations that must post human trafficking notices, including convenience stores, body art studios, businesses that employ licensed massage therapists and manufacturing facilities.
Sponsored by Sen. Mike Hodges, R-Brunswick, the bill also allows the Georgia Board of Massage Therapy to initiate inspections of massage therapy businesses and educational programs without notice and requires massage therapy board members to complete yearly human trafficking awareness training.
House Bill 993, sponsored by Rep. Alan Powell, R-Hartwell, creates the felony offense of grooming of a minor and creates new penalties for offenses relating to visual mediums depicting minors engaged in sexually explicit conduct.
House Bill 1201, sponsored by Rep. Houston Gaines, R-Athens, allows human trafficking survivors who received first offender or conditional discharge status to vacate that status for certain crimes, as long as the crime was a direct result of being a victim of human trafficking.
Coastal communities
Earlier today in Brunswick, Kemp signed legislation impacting Georgia coastal communities, including House Bill 244, which amends the laws around how wild game can be hunted and how seafood dealers operate, and House Bill 1341, which designates white shrimp as the state’s official crustacean.
Taxes
Earlier this month Kemp signed several bills related to taxation, including House Bill 1015, sponsored by Rep. Lauren McDonald, R-Cumming, which lowers the state income tax for tax year 2024 to 5.39%, accelerating a multiyear drop in state income taxes that started at 5.75% in 2023 and will continue through 2029.
The Governor’s Office of Planning and Budget estimates the tax cut acceleration will save Georgia taxpayers approximately $1.1 billion in calendar year 2024 and about $3 billion over the next 10 years.
Kemp also signed House Bill 1021, sponsored by Rep. Lauren Daniel, R-Locust Grove, which increases the state’s income tax dependent exemption to $4,000 from $3,000.
House Bill 581, sponsored by Reps. Shaw Blackmon, R-Bonaire, and Clint Crowe, R-Jackson, enables a constitutional amendment (House Resolution 1022) to let voters decide whether counties can provide a statewide homestead valuation freeze, which limits the increase in property values to the inflation rate.
The governor has until May 7 to sign or veto bills passed during the legislative session that ended on March 28. Those he takes no action on will automatically become law.
Legislation signed by Kemp is posted on the governor’s website.
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Incumbent candidates for local, federal races likely to be no-shows at this weekend’s primary debates
ATLANTA — One of Georgia’s prominent media organizations is pleading with incumbent state and congressional candidates to participate in its primary election debates slated for Sunday.
For the first time in The Atlanta Press Club’s 30-year debate history, incumbents facing challengers in the May 21 primary have either declined or not yet committed to participating in the organization’s well-known debate series. The possible no-shows include candidates in four Congressional races as well as the Georgia Supreme Court, and the Fulton County District Attorney races.
“This is the first time that we’ve had so many [incumbents] not participate,” debate organizer Lauri Strauss told State Affairs. Strauss declined to speculate why candidates aren’t participating.
Hoping to encourage more participation, the organization issued the following statement:
“The Atlanta Press Club believes it is the responsibility of people running for public office to answer questions from their local media that will help inform voters before they cast their ballots. If a candidate is running for public office, the candidate should be willing to participate in the democratic process, which includes attending debates and fielding questions from journalists and opponents.”
Candidates have until Friday to RSVP.
Strauss said candidates who fail to appear will be represented on stage by an empty podium during the debate.
District Attorney Fani Willis has declined to participate and Democratic U.S. Reps. Lucy McBath and David Scott have yet to RSVP. Strauss said the organization is still in talks with Georgia Supreme Court Justice Andrew Pinson’s staff about his appearance in the debate.
Willis, declined earlier this week to participate, citing constraints around talking about sensitive cases like the criminal prosecution of former President Donald Trump.
McBath currently represents the 7th Congressional District and is now running in the newly drawn 6th Congressional District against two Democratic challengers, Jerica Richardson and Mandisha Thomas. McBath declined to participate in the press club’s general election debate in 2022, forcing her Republican challenger Mark Gonsalves to debate with an empty podium. McBath won with 61% of the vote.
The debates will air live on April 28 on GPB.org, on The Atlanta Press Club’s Facebook page (www.fb.com/TheAtlantaPressClub). It will be rebroadcast in early May on WABE.org.
Race | Tape and Livestream Sun. April 28 |
GPB-TV Broadcast | WABE Broadcast |
Congressional District 6 Democrats | 10:00 a.m. | April 29 at 7:00 p.m. | May 1 at 4:30 p.m. |
Congressional District 13 Democrats | 11:15 a.m. | April 28 at 4:00 p.m. | May 1 at 5 p.m. |
Congressional District 3 Republicans | 1:00 p.m. | April 28 at 5:00 p.m. | May 2 at 3:30 p.m. |
Congressional District 2 Republicans | 3:00 p.m. | April 29 at 5:00 p.m. | |
Georgia Supreme Court | 4:45 p.m. | May 2 at 4:30 p.m. | |
DeKalb County CEO | 5:45 p.m. | May 2 at 5:15 p.m. | |
Fulton County District Attorney | 6:45 p.m. | May 1 at 4 p.m. |
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