At present, there may well not be a clear path for Glynn County Police Lt. David Haney to seek the redress he desires. Friday, Glynn County Superior Court Judge Roger Lane ruled Haney doesn’t have standing to intervene in the criminal case against Gary Allen Whittle.
Haney sought to challenge the Giglio order placed on him by Lane following a series of hearings into the Glynn-Brunswick Narcotics Enforcement Team scandal.
In the affidavit filed with Haney’s motion to intervene, he states, “I immediately knew this sentence was a ‘death order’ to my career. I understand from Giglio v. United States, that a court may order disclosure of certain information that may be discoverable if there is a finding that an officer has been willfully untruthful about a material matter. I was absolutely not willfully untruthful about any matter.”
Whittle’s case is a matter the District Attorney’s Office already dropped because of contamination from that same GBNET scandal. Before the court’s ruling, public defender Stephen Tillman said he and Bill Johnson, who were Whittle’s attorneys, agreed not to oppose the motion as long as it would not affect their client or the fact prosecutors nolle prossed the charges against him.
As it was, the move to intervene in a criminal matter was so unique that Haney’s attorneys had to go to the 11th U.S. Circuit Court of Appeals to find applicable case law. There’s precious little to go by as far as Georgia law, and Haney attorney Adrienne Browning said that if this intervention did go forward, it would be precedent setting.
In declining the motion, Lane appeared sympathetic to the defense’s intentions, but that he simply doesn’t have a right to intervene by the way the law stands currently.
Haney attorney Alan David Tucker suggested after the ruling that there’s going to need to be some way created — whether that’s through the appellate court process, or through the state legislature.