Does this pass the smell test? Dragon*Con founder Ed Kramer spent 13 years avoiding trial on child molestation charges, then took a plea-bargain when trial was imminent last December, but now his new attorney is trying to get that conviction thrown out so Kramer can have “a fair trial to demonstrate his innocence, which he has steadfastly maintained.”
His attorney has already succeeded in having District Attorney Danny Porter disqualified from handling Kramer’s habeas corpus petition on the state’s behalf because Porter might be called as a witness in any related hearings. A motion has also been submitted to disqualify the judge who had jurisdiction over his case. The Gwinnett (GA) Daily Post reports:
In the 21-page habeas corpus document, Reba, the ninth defense attorney Kramer has retained over the years, claims that his client’s plea was ill-gotten for a number of reasons.
Among them is the allegation that Porter, the district attorney, and Gwinnett County Superior Court Judge Karen Beyers essentially colluded to “disappear” a 2009 ruling that, due to Kramer’s numerous medical ailments, placed the ability to initial trial proceedings in the hands of Kramer and his attorneys. That came into play in 2011, when Porter fought to have Kramer extradited from Connecticut after he was allegedly caught alone in a hotel room with a teenage boy.
Further allegations claim that Beyers and Porter did not provide medical accommodations that would have allowed Kramer to stand trial. That, the recent filings claim, forced Kramer to enter his Alford plea — which is legally a guilty plea but allows the defendant to maintain innocence — on Dec. 2, 2013, the day jury selection was scheduled to begin in his trial.
Kramer is accused of sexually assaulting three teenage boys, each of whom approved Kramer’s 2013 plea deal and were awarded $100,000 restitution. Since pleading guilty in December, Kramer has been serving his time at home under house arrest.