The Sandy Springs solicitor has dropped prostitution-related charges against four women who were arrested after a vice detective engaged in sex with them.
Solicitor Bill Riley said such behavior calls into question a detective’s motives and makes the cases more difficult to prosecute. Moreover, Riley wanted to send a message to other detectives that such behavior crosses a line.“It goes to the officer’s credibility,” he said. “The defense always says the sex was consensual, that it wasn’t sex for hire. It’s a policy decision. We don’t want a policy that encourages officers to do that. If we don’t prosecute, the guys get the message and they tailor their work to something that can get prosecuted.”
In a few similar cases in which the officer did not engage in sex, the women were taken to court, convicted and given jail time, Riley said.
Sandy Springs launched an investigation into whether the officer, J. Mayberry, went too far by engaging in sex with the women. Mayberry would make the women stop in midact to call in reinforcements. Citing the ongoing investigation, Sandy Springs police declined to say what Mayberry’s status is with the department or when the probe will be concluded.
Gwinnett County District Attorney Danny Porter said in an earlier interview that an arrest can be made as soon as the prostitute makes an offer or agrees to have sex for money or something of value.
“Some hookers will make the john take his clothes off first because they believe a cop can’t do that, but they can,” Porter said then. “Police are trained not to put themselves in a compromising position. The deal doesn’t have to be consummated. The further the officer goes into illegal conduct, the more difficult it is to convince a jury that it was prostitution.”
In August, Mayberry was part of a Sandy Springs police investigation into spas and erotic services advertised on Craigslist, the online classified advertising service.
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