A judge has barred the press and public from attending jury selection in the case of a former Atlanta police officer accused of complicity in the Nov. 21, 2006, shooting death of 92-year-old Kathryn Johnston during a drug raid.

Deputies told reporters and spectators arriving at the courtroom of Fulton County Superior Court Judge Michael D. Johnson that the hearing was closed, offering no reason for the denial of public access. Later, another deputy posted at the entranceway to the judges' chambers said Johnson had closed juror interviews to the public and that they would remain private for the duration.

Deputies told the Daily Report that the judge didn't break for lunch and that court would not adjourn until 6 p.m. The Daily Report was unable to contact lawyers for the state or defense before press time.

Joy Smith, Johnson's legal assistant, confirmed that the judge had closed voir dire to the public; she did not know whether the judge had given public notice or conducted a hearing on the matter, or whether the defense or prosecutors in the case had requested the courtroom's closure.

Sheila Edwards, a spokeswoman for Fulton County District Attorney Paul L. Howard Jr., said she thought Johnson had closed the hearing due to confusion following an earlier report of a suspicious package found near the courthouse. Edwards later said that, according to a prosecutor in the case, Johnson apparently decided to close the hearing Monday morning. The DA's office did not request the action, she said.

According to media lawyer S. Derek Bauer of McKenna Long & Aldridge, the closure of a public judicial proceeding must be preceded by a public hearing.

“There would have had to be some evidence that closing jury selection was necessary to ensure a fair trial,” said Bauer. There has to be a finding of fact, issued from the bench; [a judge] can't just say, 'I'm closing this hearing to the public.'”

Hollie G. Manheimer, executive director of the Georgia First Amendment Foundation, said she was unaware of any other instances of jury selection being closed to the public.

Arthur Tesler is accused of false imprisonment, lying to investigators and violating his oath of office for his role in the fatal raid in which Johnston was killed after she shot at officers bursting through her door. The raid later turned out to have been based on a “no-knock” warrant the officers obtained on flawed information, and which they allegedly tried to cover up by planting drugs in the dead woman's house.

Staff Reporter Greg Land can be reached at gland@alm.com