OFFICERS MAY FACE MURDER CHARGES

The Case Involves The Shooting Death Of An Elderly Atlanta Woman

ATLANTA -- Prosecutors plan to seek felony murder indictments against
three Atlanta police officers who killed an elderly woman during an
exchange of gunfire in her home, according to a document released by
one of the officer's attorneys Wednesday.

The Nov. 21 slaying of Kathryn Johnston, 88, sent waves of anger
across Atlanta -- prompting hundreds to gather to vent and criticize
Police Chief Richard J. Pennington.

Plainclothes officers entered Johnston's house after obtaining a
warrant based on what they said was information that drugs were being
sold there. The warrant did not require them to knock, and they
stormed in. Johnston allegedly shot and wounded three officers before
they killed her.

Pennington has asked the FBI to look into the case, which also is
being investigated by the Fulton County district attorney's office.

On Wednesday, defense attorney Rand Csehy released a formal
notification he received from Dist. Atty. Paul Howard's office. The
document indicates prosecutors will ask a grand jury to return murder
indictments against Csehy's client, retired officer Gregg Junnier,
and officers Jason Smith and Arthur Tesler.

Howard's office could not be reached for comment, but the document
lays out a case that also would seek to charge the officers with
burglary, aggravated assault, false imprisonment and lying about the
justification for searching the house.

Smith is accused of falsely telling detectives that he instructed an
informant to make a police-monitored drug buy at the house. Tesler is
accused of lying to the FBI when he told them he witnessed such a
drug buy. Junnier is accused of falsely stating that the other two
officers met with the informant.

After the shooting, a local TV station interviewed an unidentified
man who said he was the informant. He said the officers told him to
lie about what happened and offered to pay him.

The prosecutors' document also shows that they will seek indictments
against Junnier and Smith for criminal solicitation; they allegedly
asked the informant to make false statements.

Csehy said Wednesday that he was disappointed, calling the charges "overbroad."

"At worst, this is sloppy police work," he said. "We're going to beat
this case."

Csehy said that the grand jury is to consider the case Feb. 26, and
that his client had been cooperating with the federal investigation.
Patrick Crosby, a spokesman for the U.S. attorney's office in
Atlanta, said the district attorney had not contacted federal investigators.