News 12 First at Five, Wednesday, July 11, 2012
AUGUSTA, Ga. -- Commissioner Alvin Mason's attorney says going to trial would be the worst thing in the world for his client accused of domestic abuse.
We first brought you the 911 call that landed commissioner Alvin Mason behind bars. He is now preparing to go before a judge on charges of battery-visible harm, simple assault, and simple battery.
"When do you think this will go to court?," we asked Mason's attorney Freddie Sanders. "I think it will be in the next 30 to 60 days. The state court judges recused themselves. All of them did."
There are new questions now about whether the case will hold up in court.
"If you ask me we don't have a case," said Sanders. "But if you ask the prosecutor, I guess it is what side you are on."
It turns out, Mason's wife Velma signed his consent of release form.
"I feel I am not in any danger based on my husband coming home," said Velma. "It would be best that we work our issues out at home."
"I didn't mean to make it sound like we are absolutely going to trial," said Sanders. "I always have in the back of mind something can be worked out. We can all reach some kind of agreement and try to get the family back together."
A team that originally called for a speedy trial is now questioning the need for a trial at all. This all comes after Velma Mason filed an official statement in court.
"My husband perceived that another family member was in potential physical harm and naturally intervened," Velma said. "During this intervention, emotions flared up and my husband displayed aggressive behavior toward me, his wife."
Velma goes on to say, "I believe my husband didn't intend to hurt me; I have never been afraid of my husband ... I prayerfully believe this type of behavior will not be conducted in our home again."
"It would be the worst thing in the world to have a man and a wife that are both good people down there testifying against each other," said Sanders.
Judge Jerry Daniels from Burke County State Court has been assigned to the case.