By MJ Kneiser, WLHR Radio, Lavonia
A judge has thrown out the indictment against Franklin County Probate Judge Eddie Fowler.
Fowler was indicted in September on one count of misdemeanor sexual battery after being arrested in late August.
During a hearing November 29, in Franklin County Superior Court, Fowler’s attorney, Daniel Moore asked the indictment be quashed.
Moore said by law his client was to have received written notice from the District Attorney’s office of their intent to take the charges before the grand jury and he was also to receive a written copy of the charges against him 15 days before the case went before the Grand Jury.
Moore told Senior Court Judge Robert Adamson that Fowler received the notice of intent, but not the written copy of the charges.
The judge agreed and in a ruling issued December 5, overturned the indictment. That ruling was made public this week.
Fowler was arrested August 31 after a GBI investigation into allegations he inappropriately touched a female employee in his office.
He was released on bond and has been on a leave of absence from the Probate Court office ever since. Franklin County Attorney Bubba Samuels has been filling as the interim Probate Judge.
Northern Judicial Circuit District Attorney Bob Lavender has not responded to requests for an interview.
Lavender leaves office the end of the month.
There is no word yet on whether his successor, Parks White, intends to pursue another indictment.
Fowler has served as Franklin County Probate Judge for 16 years and is due to retire the end of the month.
Ken Eavenson takes over as the new Franklin County Probate Judge in January.