Cop misses trial; armed-robbery case dismissed

By Steve Visser
The Atlanta Journal-Constitution

4:28 p.m. Wednesday, February 2, 2011
An Atlanta police investigator whose tardiness for an armed-robbery trial caused the case to be dismissed Wednesday in Fulton County Superior Court was fined $500 for contempt of court and ordered to write a letter of apology to the robbery victim.

Judge Kimberly Esmond Adams said she had no choice but to dismiss the armed-robbery case because prosecutors were unable to find Investigator Patrick Apoian when he was scheduled to testify at 9 a.m. Adams said too many Atlanta police officers fail to comply with subpoenas, which she said they tend to treat as "invitations."

Apoian, who arrived in court three hours late, said he had been ill that morning and had asked the Atlanta Police Department to see whether prosecutors could delay his testimony. Adams, who issued the maximum fine for contempt of court, said the tardiness had cost the county $1,325 in jury fees. She also said Apoian would get 30 days in jail if it happened again.

The defendant in the case, Alfonzo Phillips, faced up to 40 years in prison if convicted of the armed robbery and aggravated assault charges. After the dismissal, he pleaded guilty to separate theft-related charges for other crimes and was sentenced to four years.

could have asked for the case to be continued.

The Police Officer should be fired for dereliction of duty.  

I don't have a problem with asking for a postponement.  But if its not granted (or he is not know if it was granted), then he needs to makes every effort to be in court.  Even if it means wheeling him in a wheelchair.  
But letting a felon go free because of something stupid is NOT acceptable.