Former assistant chief sues D. A. for malicious prosecution - WALB.com, Albany News, Weather, Sports

Former assistant chief sues D. A. for malicious prosecution

Woody Hart Woody Hart
  • More WALB News10 HeadlinesMore News HeadlinesMore>>

  • Trial in salmonella outbreak could exceed 2 months

    Trial in salmonella outbreak could exceed 2 months

    Wednesday, July 30 2014 5:52 PM EDT2014-07-30 21:52:12 GMT
    Sign at the Peanut Corporation of AmericaSign at the Peanut Corporation of America
    The trial of three people charged in a deadly salmonella outbreak linked to a peanut plant in Georgia could last for at least two months.More >>
    The trial of three people charged in a deadly salmonella outbreak linked to a peanut plant in Georgia could last for at least two months.More >>
  • How to enjoy an unseasonably cool day

    How to enjoy an unseasonably cool day

    Wednesday, July 30 2014 5:50 PM EDT2014-07-30 21:50:08 GMT
    This time of year it's hard to find a time where the heat and humidity aren't suffocating, but today was an exception. More >>
    This time of year it's hard to find a time where the heat and humidity aren't suffocating, but today was an exception. More >>
  • Suspect identified in fatal Decatur Co. shooting

    Suspect identified in fatal Decatur Co. shooting

    Wednesday, July 30 2014 5:12 PM EDT2014-07-30 21:12:49 GMT
    Sheriff Wiley GriffinSheriff Wiley Griffin
    Leroy Wimberly is facing murder, aggravated assault, possession of a weapon in commission of a crime and possession of weapon by a convicted felon, after a double shooting overnight that left one man dead and another injured.More >>
    Leroy Wimberly is facing murder, aggravated assault, possession of a weapon in commission of a crime and possession of weapon by a convicted felon, after a double shooting overnight that left one man dead and another injured.More >>

Albany-- Woody Hart is seeking more than two million dollars from Hodges and three employees of the Georgia Department of Corrections for false arrest and false imprisonment.

In March 2003, Woody Hart was released from prison after serving 24 months. But Ken Hodges went after him. Even though a judge ruled that Hart be released, Hodges defied the judge and ordered Hart re-arrested.

Now Hart says he lives in fear of being locked up again. Woody Hart was released from federal prison in March 2003, but District Attorney Ken Hodges was determined he serve the final three months of his sentence.

Hodges said, "We attempted to enforce the negotiated plea that he signed voluntarily when he went to prison."

After Hart was released, Hodges had him picked up again. A judge chastised and issued a warning to Ken Hodges for defying his order to let Hart go free.

"The Judge ultimately back tracked and did not give him what he gave him at the original sentencing, and that's the Judge's perogative," Hodges said. "So, quite candidly since then I haven't give it a whole lot of thought."

Monday afternoon, Hodges read the federal lawsuit filed against him. Hodges said, "It looks to be fairly meritless."

Hart, who is serving as his own attorney in filing the suit, declined to talk with us. He is seeking $2.7 million in compensation.

Hodges said the state will likely seek damages against Hart for filing a frivilous lawsuit.

posted by dave.miller@walb.com