Velvet Riggins is still being charged with two counts of theft by taking and providing false information to obtain free school meals for child.
Defense attorney Mark Brimberry tried to get count one, which is public record fraud, thrown out before the trial even began. But the judge wanted to hear the state's evidence before making a decision.
Judge Stephen Goss said: "It will no longer be submitted to the jury for their consideration. And I will reduce that to writing and file it and give both of you a copy."
The state called two more witnesses Thursday before resting. Ladainial Hooper, the Lincoln Elementary school cafeteria manager, took the stand and was questioned about whether she saw Riggins' child eating school lunch.
Hooper says she saw the child in the lunch line, but could not recall if he actually ate school lunch.
The state then called on J. C. Phillips, an investigator for the Dougherty County School System. The prosecutor, Heather Lanier, asked Phillips to examine free and reduced lunch applications filled out by Riggins dating back to 2007, attempting to show past discrepancies on previous applications.
"Each application we viewed, from 2007, 2008, we viewed significant discrepancies. Approximately a $10,000 difference," Phillips said.
The defense says Riggins would have still qualified for free and reduced lunches.
The question comes down to whether Velvet Riggins had criminal intent when she submitted incorrect forms to get her child free or reduced school lunches. And the prosecution has one more chance to prove it.
Mark Brimberry, the defense attorney, only called on one witness to the stand this afternoon. Jacqueline Frazier Tinsley, who's friends with Riggins, testified that Riggins helped her with a school project in October 2011 by contacting the school's food and nutrition department. The defense was trying to show the jury that Riggins had contact with that office during the time she resubmitted her application.
After her testimony, Judge Stephen Goss questioned the purpose of that witness, and later told the jury to disregard her testimony.
Riggins did not take the stand.
Closing arguments are expected to begin Friday morning at 9:00.
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