Former Atlanta Public Schools educators withdraw appeals in test-cheating case

Prosecutor Kevin Armstrong said the court-approved resolution of the case was not a plea deal. ‘Their verdict stands.’
Judge Jerry Baxter approved a resolution between the state and the final five defendants in the Atlanta cheating trial this week. (Miguel Martinez/The Atlanta Journal-Constitution/TNS)

Credit: TNS

Credit: TNS

Judge Jerry Baxter approved a resolution between the state and the final five defendants in the Atlanta cheating trial this week. (Miguel Martinez/The Atlanta Journal-Constitution/TNS)

The five remaining defendants in the Atlanta Public Schools test-cheating trial reached an agreement with the state this week under which they apologized for their wrongdoing and waived any remaining appeals to avoid prison time.

The resolution was approved by Senior Superior Court Judge Jerry Baxter, who presided over the nine-month-long trial that began in September 2014 and concluded in April 2015. It was then the longest trial in Georgia history. Fani Willis, now Fulton County’s district attorney, was the lead prosecutor in the case.

Defendants Diane Buckner-Webb, Sharon Davis-Williams, Theresia Copeland, Michael Pitts and Shani Robinson all waived their rights to continue appealing their convictions and were required to make apologies to the children of Atlanta Public Schools. In return, their prison sentences were dropped. The defendants will remain on probation until their sentences lapse and they must fulfill all their obligations of community service.

Buckner-Webb, Copeland, Robinson had one-year prison sentences. Pitts and Davis-Williams had been sentenced to serve three years.

The Atlanta Journal-Constitution first raised questions about some schools’ test scores with an investigative report in December of 2008. Then-Gov. Sonny Perdue ordered an inquiry into APS after rejecting the district’s own investigation into suspicious erasures on tests in 58 schools.

Investigators found teachers and principals erased and corrected mistakes on students’ answer sheets. Area superintendents silenced whistle-blowers and rewarded educators who met academic goals.

In all, 35 educators were indicted. Of those, 21 pleaded guilty, two died before trial and 11 of the 12 who went to trial were convicted.

About 150 educators resigned, retired or lost their appeals to retain their jobs.

Baxter called some of the apologies stated in open court “a little squishy,” yet he said he was glad the case was finally over — although he said this settlement should have been reached 10 years ago, according to a video from Fox 5 Atlanta.

“I think (the resolution) should have happened ten years ago,” Baxter said. “Ten years. All sorts of things happened during that time that should have been taken care of, but here we are and I’m grateful it’s going to be over.”

At one point during the hearing, Baxter became emotional when recalling the jurors who served on the case.

“They were diligent,” he said. “They worked. They got along. They never were late. It was really amazing, so I want the last part of this record to be praising the jurors.”

Prosecutor Kevin Armstrong agreed, noting that Monday’s resolution was not a plea deal. “Their verdict stands,” he said of the jurors.

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