COBB COUNTY, Ga. – A Cobb County judge is currently reviewing the conviction of a man found guilty of concealing his girlfriend’s death. The potential overturning of the jury’s verdict has raised concerns for Hailey Johnson’s family, who fear that justice may be denied. Hailey’s tragic death in 2022 resurfaced during her boyfriend’s trial, which lasted four days. The jury found Brooks Cleary guilty on all charges, providing a glimmer of hope for her family. However, immediately after the verdict was read, Judge Jason Marbutt announced his consideration of acting as the 13th juror to override part of the jury’s decision.
Georgia’s 13th juror statute empowers judges to dismiss a guilty verdict if they believe the jury made an erroneous decision. The judge has not yet revealed his reasoning behind potentially overturning the conviction. According to Tom Church, a Georgia trial lawyer not involved in the case, it is uncommon for judges to oppose a jury’s findings unless there are extraordinary circumstances. Barbara, Hailey’s mother, expressed her frustration, questioning the purpose of a jury if the judge can simply disregard their decision.
A hearing is set for Wednesday afternoon, where Judge Marbutt’s decision will be made known. The potential overturning of the conviction has left Hailey Johnson’s family devastated and uncertain about the future. The Cobb County District Attorney’s Office declined to comment on the case, citing its pending status. Efforts to reach the defense attorney were unsuccessful.