Skip to Content
Streetsblog USA home
Streetsblog USA home
Log In
Atlanta

Raquel Nelson Likely to Opt For a New Trial, Her Lawyer Says

UPDATE 7/27: Raquel Nelson has, in fact, chosen the option of a new trial.

The last thing the jury heard from Raquel Nelson's defense lawyer, before they convicted her, was the tape of her frantic 911 call after her son, A.J., was hit by a car. “1-2-3-4-5-6, doing chest compressions on her son, screaming,” recalls attorney David Savoy. “There was not a dry eye in that court room.”

The jury then decided to convict her of vehicular homicide, jaywalking, and reckless conduct.

A.J. Nelson, age 4, was killed while crossing the street between a bus stop and his home with his mother and two sisters.

The jury, as has often been noted, was all white and not transit-dependent. Indeed, Savoy said, the entire pool of 15 jurors they had to choose from was white. And Cobb County jurors are selected for service based on drivers license information.

While certainly many car-free people have drivers licenses – Raquel Nelson included – it’s a symbol, at least, of the auto-centrism of the entire process that convicted Ms. Nelson.

At sentencing, Judge Kathryn Tanksley handed down a relatively light sentence – involving no jail time, at least – but also granted a motion for a new trial before the defense even made a motion asking for a new trial. “We had motion for a new trial ready to file,” Savoy said. “I didn’t even need to pull it out of my briefcase.”

“It’s one of the most shocking things I’ve ever been involved with,” Savoy said. “A judge, on her own motion, granting a new trial.”

He wouldn’t speculate as to why the judge was moved to do so. But he did mention that the jury had made its decision based on the evidence that the judge allowed, indicating that there was other defense evidence that the judge did not allow. Perhaps she regretted that decision, disagreed with the jury’s harsh verdict, and thought a new trial would wipe the slate clean.

Despite the trauma that the case has caused Nelson and her family, Savoy is “pretty certain” she’ll take the option of a new trial. “Three misdemeanors, for crossing the street,” Savoy said. “That doesn’t sit right with her, or with me.”

Given the avalanche of negative attention the case has brought upon the Cobb County court system, the county may decide not to re-try the case at all. Indeed, although judges are supposed to be immune to public opinion, Judge Tanksley must have been aware of the packed courtroom, full of reporters, that greeted her on the day of sentencing. Even if she hadn’t watched the broadcast coverage, seen the petitions, or read the blogs about the case, she must have known the case was attracting major national attention.

“I’ve never understood the power of the blogosphere,” Savoy told me, “and now, I’m humbled.”

Stay in touch

Sign up for our free newsletter

More from Streetsblog USA

How the 17th-Century ‘Mews’ Could Make 21st-Century Suburbs More Walkable

A new development in Texas is repurposing an old idea to make constant driving optional.

December 5, 2024

Thursday’s Headlines … Psych!

Getting people out of their cars requires both viable alternatives and something to jolt them out of their habits, according to behavioral scientists.

December 5, 2024

Wednesday’s Headlines Highlight Public Health

An epidemiologist explains how to make streets safer for cyclists and pedestrians, and more in today's headlines.

December 4, 2024

Could ChatGPT Make America More Walkable?

No, generative AI shouldn't plan a whole city — but a new study argues it could help identify gaps in our sidewalk networks, tree canopies, and more.

December 4, 2024

Close the ‘Instacart Loophole’: NYC Pols May Expand Minimum Wage to Grocery Delivery Workers

Grocery delivery app companies like Instacart currently do not have to pay their workers the deliverista minimum wage.

December 4, 2024
See all posts