Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 1 of 7 FILED IN OPEN COURT U.S.D.C. Atlanta IN THE UNITED STATES DISTRICT COURT MAY 1 3 2014 FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION BY:)6(-" \ JAMt:W.~EN.. ;.-i UNITED STATES OF AMERICA v. BRYANT 1. COCHRAN Criminal Indictment No. 4: 1 4 - C R ~. 0 2 2 THE GRAND JURY CHARGES THAT: Background At all times relevant to this Indictment: 1. In Georgia, the Code of Judicial Conduct establishes the "standards for ethical conduct of judges." Under the Code of Judicial Conduct, judges "must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system." The Code of Judicial Conduct also mandates that judges "shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." 2. Under Georgia's Constitution, the Judicial Qualifications Commission investigates violations of the Code of Judicial Conduct and complaints of ethical misconduct by judges.
Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 2 of 7 3. On or about January 1, 2004, defendant BRYANT L. COCHRAN began serving as the Chief Magistrate Judge in Murray County, Georgia. 4. As the Chief Magistrate Judge, COCHRAN presided over criminal and civil matters. With regard to criminal matters, COCHRAN's responsibilities included: issuing search and arrest warrants; conducting first appearance, bond, extradition, committal, and warrant application hearings; and presiding over trials. With regard to civil matters, COCHRAN's responsibilities included presiding over trials and adjudicating civil claims involving $15,000 or less. 5. On or about July 19, 2012, the Judicial Qualifications Commission began investigating COCHRAN for alleged judicial misconduct. 6. On August 15, 2012, COCHRAN resigned as Murray County's Chief Magistrate Judge, thereby resolving the Judicial Qualifications Commission's inquiry. COUNT 1 (Conspiracy against Rights -18 U.S.c. 241) 7. Beginning on a date unknown, but continuing until at least on or about August 15, 2012, in the Northern District of Georgia, defendant BRYANT L. COCHRAN (the Chief Magistrate Judge of Murray County, Georgia), knowingly and willfully conspired and agreed with others known and unknown, to injure, oppress, threaten, and intimidate A.G., in the free exercise and enjoyment of a 2
Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 3 of 7 right and privilege secured to her by the Constitution and laws of the United States, namely - the right to be free from an unreasonable search and seizure, by those acting under the color of law, in violation of Title 18, United States Code, Section 241. COUNT 2 (Deprivation of Rights under Color oflaw -18 U.S.c. 242) 8. Beginning on a date unknown, but from at least in or about 2006 to in or about August 2012, in the Northern District of Georgia, defendant BRYANT L. COCHRAN (the Chief Magistrate Judge of Murray County, Georgia), while acting under color of law, knowingly and willfully deprived Murray County employee V.R. of a right secured and protected by the Constitution and laws of the United States, namely - the right not to be deprived of liberty without due process of law, including the right to be free from wilful sexual assault; in violation of Title 18, United States Code, Section 242. COUNT 3 (Deprivation ofrights under Color oflaw -18 U.S.c. 242) 9. Beginning on a date unknown, but from at least in or about January 2012 to in or about July 2012, in the Northern District of Georgia, defendant BRYANT L. COCHRAN (the Chief Magistrate Judge of Murray County, Georgia), while acting under color of law, knowingly and willfully deprived Murray County 3
Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 4 of 7 employee S.P. of a right secured and protected by the Constitution and laws of the United States, namely - the right to be free from an unreasonable search and seizure, in that: the defendant searched the personal cellular telephone of S.P. without permission; in violation of Title 18, United States Code, Section 242. COUNT 4 (Deprivation ofrights under Color oflaw -18 U.S.c. 242) 10. From on or about August 14 to 15, 2012, in the Northern District of Georgia, defendant BRYANT 1. COCHRAN (the Chief Magistrate Judge of Murray County, Georgia), aided and abetted by others known and unknown, while acting under color of law, knowingly and willfully deprived A.G. of a right secured and protected by the Constitution and laws of the United States, namely - the right to be free from an unreasonable search and seizure, in that: the defendant caused A.G. to be arrested for possessing methamphetamine, knowing that A.G. did not knowingly possess said methamphetamine; in violation of Title 18, United States Code, Sections 2 and 242. COUNTS (Conspiracy to Distribute a Controlled Substance - 21 U.S.c. 846) 11. Beginning on a date unknown, but continuing until at least on or about August 14, 2012, in the Northern District of Georgia, defendant BRYANT 1. COCHRAN (the Chief Magistrate Judge of Murray County, Georgia), knowingly 4
Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 5 of 7 conspired and agreed with others known and unknown, to violate Title 21, United States Code, Section 841(a)(l); that is - to distribute a controlled substance, said conspiracy involving a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(l)(c), and 846. COUNT 6 (Tampering with a Witness -18 U.S.c. 1512) 12. In or around August 2012, in the Northern District of Georgia, defendant BRYANT L. COCHRAN, knowingly attempted to corruptly persuade J.M.W. by asking him to provide false information to law enforcement officers, with the intent to hinder, delay, and prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission and possible commission of a Federal offense, that is - a Conspiracy against Rights as charged in Count I, in violation of Title 18, United States Code, Section 1512(b )(3). 5
Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 6 of 7 Forfeiture Provision 13. Upon conviction of the controlled substance offense alleged in Count 5 of this Indictment, defendant BRYANT L. COCHRAN shall forfeit to the United States, pursuant to Title 21, United States Code, Section 853, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of said violations and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of said violations. 14. Upon conviction of the offense charged in Count 6 of this Indictment, defendant BRYANT L. COCHRAN shall forfeit to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(c) and Title 28, United States Code, Section 2461, any property, real or personal, which constitutes or is derived from proceeds traceable to the offense. 15. If, as a result of any act or omission of the defendant, any property subject to forfeiture: a. Cannot be located upon the exercise of due diligence; b. Has been transferred or sold to, or deposited with, a third personi c. Has been placed beyond the jurisdiction of the Court; d. Has been substantially diminished in value; or e. Has been commingled with other property which cannot be subdivided without difficulty; the United States intends, pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Code, Section 2461(c), to seek forfeiture of any other property of the defendant up to the value of the forfeitable 6
,. Case 4:14-cr-00022-HLM-WEJ Document 1 Filed 05/13/14 Page 7 of 7 property or seek a money judgment against said defendant for any amount that would constitute the proceeds of such violation. A ------~~~~-------- BILL SALLY QUILLIAN YATES Ur;~At~omey JE4;:;J w. 0:: Assistant United States Attorney Georgia Bar No. 426418 l</"", L. M>-~ J WILLIAM L. McKINNON, JR. Assistant United States Atto ney Georgia Bar No. 495812 75 Spring Street, SW, Suite 600 Atlanta, GA 30303 404.581.6000 7