Gordon Lee Faces New Indictment

Marking another bizarre turn in the saga of Georgia retailer Gordon Lee, Rome prosecutors have drawn up a new indictment that replaces the accusation CBLDF lawyers filed motions against earlier this month. The indictment was procured at a special grand jury session earlier this month, and restates the charges from the previous accusation filed in May. This new development marks the third time charges have been brought against Lee for the accidental distribution of "Alternative Comics #2" in October of 2004. The previously announced June 15 motions hearing is cancelled. Lee now must stand before a new arraignment on July 7, after which his lawyers must re-file their motions.

Paul Cadle, Mr. Lee’s counsel in Rome, says, “We believe this new development arises from our Motion to Quash, which -- in layman's terms -- relied upon Georgia law which requires that the Defendant be re-indicted if new charges are brought out of the same matters which have previously been presented to the Grand Jury. Accordingly, since Gordon was indicted initially by the Grand Jury in the first case which was dismissed, he was entitled to the same protection the second time. The dismissal of the second case embodied in the accusation and the new indictment appear to be consistent with our position in the Motion to Quash. We will now have to again file motions for the new arraignment, some of which may be new motions based upon the continuing developments in the case.”

Cadle adds, “It is highly unusual to have a single defendant face three arraignments in less than two years for the same alleged criminal conduct. In my fifteen years of practice, I have never seen such an occurrence.”

Under the current indictment, Lee still faces two misdemeanor counts of distributing Harmful to Minors materials – a charge carrying penalties of fines for up to $1,000 and up to a year in prison. To date, the Comic Book Legal Defense Fund has spent over $60,000 defending Mr. Lee.