Knowles v. the State
342 Ga. App. 344
| Ga. Ct. App. | 2017Background
- On June 13, 2013, Barbara Knowles and co-defendants Kelly Marlow and Robert Trim reported that Cherokee County Schools Superintendent Frank Petruzielo drove a BMW SUV close to them while they crossed a street near the Painted Pig restaurant.
- Canton police recorded an initial 911 report, and a detective later requested written statements; Knowles emailed a statement on June 23 and signed a printed copy at the Canton Police Department on July 2.
- Surveillance video from the scene (10:40 p.m.) was played at trial and was deemed inconsistent with the defendants’ written and reenacted accounts; the video did show Petruzielo driving past.
- Knowles was indicted on one count of making a false report of a crime (OCGA § 16-10-26) and three counts of making a false statement (OCGA § 16-10-20); the court granted a directed verdict on one count and convicted her on the remaining counts.
- Trial court sentenced Knowles to 10 years with 60 days custody and the remainder on probation; she appealed the denial of a new trial arguing insufficiency of evidence, application of the rule of lenity, and ineffective assistance of counsel.
- The appellate court affirmed the convictions, vacated the felony sentences for false-statement counts under the rule of lenity, and remanded for resentencing as a misdemeanor false-report offense.
Issues
| Issue | Knowles' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for false report (OCGA § 16-10-26) | Her 911 and oral statements did not name a specific crime; evidence did not prove the report was false beyond a reasonable doubt | Jury could credit video and testimony showing inconsistencies; evidence sufficient under Jackson standard | Conviction affirmed—jury reasonably rejected her account; evidence sufficient |
| Sufficiency of evidence for false statements (OCGA § 16-10-20) | Statements (written, reenactment, signed statement) were not proven false | Video contradicted her statements; jury could find falsity of material statements | Convictions affirmed—evidence competent to support verdicts |
| Venue for Count 3 (signing printed email at police station) | Venue should be where email was sent, not Cherokee County | Count charged provision of a false written statement by signing at Canton PD; venue in Cherokee County proper | Held for State—Count 3 alleged providing/attesting to a written statement at police dept., so venue proper in Cherokee County |
| Rule of lenity / sentencing for OCGA § 16-10-20 | Felony punishment under § 16-10-20 should be narrowed by rule of lenity; alternative misdemeanor conviction appropriate | State defended felony sentencing | Court applied reasoning from Marlow: vacated felony sentences for false-statement counts and remanded for misdemeanor sentencing for false report |
| Ineffective assistance of counsel | Counsel failed to call character witnesses and failed to remind court of a prefiled demurrer | Counsel’s choices were reasonable trial strategy; demurrer would not have changed result | No ineffective assistance—decisions were strategic and demurrer ground insufficient |
Key Cases Cited
- Marlow v. State, 339 Ga. App. 790 (Ga. Ct. App. 2016) (upholding inconsistencies between statements and surveillance video; reasoning on sufficiency and lenity applied to co-defendants)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged test for ineffective assistance of counsel: deficiency and prejudice)
- Smith v. State, 298 Ga. 406 (Ga. 2016) (describing standards for proving ineffective assistance)
- Spray v. State, 223 Ga. App. 154 (1996) (venue analysis for false-statement convictions based on where the statement was made vs. where submitted)
- Neal v. State, 290 Ga. 563 (Ga. 2012) (trial strategy and tactical decisions as grounds for denying ineffective-assistance claims)