By Larry Felton Johnson

James Westly, 41, of Mableton, was sentenced in Cobb County Superior Court to life in prison on one count of rape, three counts of child molestation.

The sentence was handed down by Judge Ann B. Harris.

(Learn more about Cobb County Superior Court by following this link to a description at the bottom of the article)

A public information release from the office of Cobb County District Attorney Flynn D. Broady Jr. described the events leading to the arrest and conviction as follows:

In March 2023, the Cobb County Police Department Special Victims Unit began investigating a report of rape and child molestation made by the victim’s mother. The female victim, under the age of 16, reported that she had been repeatedly molested by Westly between 2021, and 2022.

The victim disclosed to her mother that the defendant had been touching different parts of her body and raping her. Westly denied that the victim had been at his house during the reported incidents; however, cell phone records obtained by Cobb County detectives confirmed the victim’s location.

In 2003, Westly was convicted in Fulton County for aggravated child molestation and child molestation against relatives in Atlanta. He was convicted after a trial and spent 10 years in prison. Those victims were permitted to testify in this trial and described similar abuse by the defendant.

“We are deeply inspired by the victim’s bravery in coming forward to speak out against her abuser. Her courage was instrumental in securing justice and ensuring that the perpetrator can no longer harm others,” said Broady.

Deputy Chief Assistant District Attorney Lindsay Raynor prosecuted the case.

The defendant was represented by Marietta attorney Sylvia Goldman.

What is Cobb County Superior Court?

In Georgia, the Superior Court is one of three trial courts found in each judicial circuit.  The other two trial courts are State Courts and Probate Courts.

If you watch TV or movie courtroom dramas you’ll be familiar with the most high-profile role of the court. A Superior Court in Georgia would be the court where a murder trial would be conducted.

So the Superior Court conducts felony trials.

But it also handles a number of other types of cases.

The Georgia Superior Courts website describes the varied functions as follows:

The Superior Courts of Georgia is a court of general jurisdiction handling both civil and criminal law actions. Superior Court Judges preside over cases involving misdemeanors, contract disputes, premises liability, and various other actions. In addition, the Superior Court has exclusive equity jurisdiction over all cases of divorce, title to land, and felonies involving jury trials, including death penalty cases.

How are Superior Court judges chosen?

Superior Court judges are elected for four-year terms in nonpartisan elections.  If a judge resigns or retires, the governor will appoint a replacement to serve out the judge’s unexpired term.

The requirements to run for a Superior Court seat are that the candidate be at least thirty years old, has been a Georgia citizen for at least three years, and the candidate has practiced law for at least seven years.

How do I learn about Superior Court judges before elections?

Judicial races are among the most difficult for the public to research, but the internet has made it easier.

For Cobb County judicial elections there are a number of media that cover the courts and candidates, including here at the Cobb County Courier, the Marietta Daily Journal, the Atlanta Journal Constitution, and East Cobb News.

For biographies of judicial candidates, you can also visit the campaign web pages of the candidates.  Those biographies are of course, written to put the candidate in the best light, but it’s a good starting point for determining the candidate’s educational and employment background.

To get a list of the candidates, visit the Georgia Secretary of State page for qualified candidate information at https://sos.ga.gov/qualifying-candidate-information

Superior Court is considered a state office, so you would select “State” on the Office Type pulldown menu, the General Primary/Special Election under the Election menu, and “Non Partisan” under the Party menu.  Then under Offices scroll down the pulldown menu until you find the Superior Court race you are looking for.