Rome, Georgia comic retailer Gordon Lee has been indicted again, his third indictment for accidentally distributing Alternative Comics #2 in October of 2004.  This indictment, which is based on the same facts alleged in the second indictment, was produced at a special grand jury session this month. 

 

Lee's local counsel Paul Cadle said of the new indictment, 'We believe this new development arises from our Motion to Quash....We will now have to gain file motions for the new arraignment, some of which may be new motions based upon the continuing developments in the case.' 

 

Motions had already been filed charging the prosecutor with prosecutorial misconduct, and arguing that the law under which Lee was charged was unconstitutional (see 'Prosecutorial Misconduct, Unconstitutional').  A new arraignment will be held July 7th, and motions will have to be re-filed. 

 

The Comic Book Legal Defense Fund is paying for Lee's defense.