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 29th, in Franklin County Superior Court, Fowler’s attorney Daniel Moore asked the indictment be tossed.
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 Fowler received the notice of intent, but not the written copy of the charges.
The judge agreed and in a ruling issued December 5th and overturned the indictment. That ruling was made public this week.
Fowler has served as 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.