APPEALS COURT REVERSES EX-ATLANTA COP'S PRISON SENTENCE

Appeals Court Reverses Ex-Atlanta Cop's Prison Conviction

The Georgia Court of Appeals on Thursday reversed the conviction of
Arthur Tesler, the ex-Atlanta police officer sentenced to prison for
lying to FBI agents about the botched drug-raid killing of
92-year-old Kathryn Johnston.

The court said Fulton County prosecutors failed to prove an essential
element of the crime --- where the crime was committed.

"The state was obligated to prove that the FBI office was located in
Fulton County," Chief Judge Yvette Miller wrote. "Its admitted
failure requires us to reverse Tesler's conviction."

Tesler's lawyer, William McKenney, called the ruling "terrific news"
and said he hopes it will help Tesler's sentencing next month in federal court.

District Attorney Paul Howard could not be reached Thursday for
immediate comment.

After his May conviction, Tesler was sentenced to four years and six
months in prison.

He did not fire any shots the night of the November 2006 killing.

In October, Tesler pleaded guilty to federal civil rights charges for
his role in the botched raid that shocked the nation and led to
revelations that Atlanta cops were faking warrants to make drug cases.

Tesler is to be sentenced in federal court on Feb. 20.

McKenney called the ruling a "mixed blessing" because the court also
found the evidence supported the jury's finding that Tesler lied to
federal agents.

"The end result is that it leaves the question of a retrial still
open," he said.