The state's Supreme Court has thrown out the conviction of a former Unadilla police chief accused of double-dipping with two departments. In a unanimous decision, the court said prosecutor Denise Fachini, DA of the Crisp Circuit, should have given Leonard Smith the chance to appear before the grand jury that indicted him. The following is the court's account of the case:

Smith was a full-time officer for the Fort Valley Police Department when he was hired as Unadilla's chief in 1999. He continued to work with both departments and filled out time cards for both jobs. In 2006, Fort Valley police and the GBI began investigating whether Smith was billing both departments for the same hours. The GBI allegedly documented seven cases of alleged double-billing by Smith. In January, 2007, a grand jury [impaneled by Fachini] charged him with seven counts of making false statements and writings. He was later convicted of three counts, acquitted of four and sentenced to five years in prison and 10 years on probation. He was released last November.

But an Appeals court in GA ruled that sate law says that, as a law enforcement officer, Smith should have been notified of when the grand jury would meet and given a chance to appear before them. The Supreme Court Justices agreed with the Appeals Court's decision. District Attorney Denise Fachini, who prosecuted the case, gave a statement to the Cordele Dispatch. In a statement given to reporter Peggy King, Fachini attempted to explain why she had violated former chief of police, Leonard Smith's civil rights during the grand jury proceeding. DA Fachini stated that the GA Supreme Court Justices interpreted the law one way and she interpreted the same law another way.

DA Fachini further stated, "I assumed that he [Leonard Smith] would know when the grand jury was meeting since he was continuing to serve as Police Chief at that time." However, during court proceedings the recorder's transcript identifies DA Fachini as having said that she had notified Chief Smith. (?)

During the interview with the Dispatch, DA Fachini noted that the conviction had been over-turned on the technicality, and she challenges the findings of the Supreme Court by saying, "the fact still stands that there was sufficient evidence to find him guilty as charged."

Americus and Sumter County Branch NAACP President, Matt Wright said, "the DA's office should not be allowed to escape abusing the law and ultimately taking away 28 months of Chief Leonard Smith's freedom along with other damage to his reputation, livelihood, and the stigma of having of been imprisoned. President Wright says, "This is a clear violation of Chief Smith's civil rights and that the organization intends to completely clear this man's good name."