Cobb County grand jurors indicted a man for a 2006 sexual assault in October 2025. Authorities have linked the man with a half-dozen similar incidents.
He was also indicted on aggravated assault and false imprisonment in connection to the rape. The case is the first non-Douglas County prosecution against the man. Investigators said DNA testing identified Hart as the suspect in the 2006 assault. According to the indictment, the assailant remained unidentified for nearly nineteen years until a DNA match allegedly pinpointed this man as the perpetrator.
Details of the alleged Cobb County assault have not been released, other than the crime occurred in November 2006.
Search warrants obtained earlier this year revealed the man recorded many of his sexual encounters, frequently using vehicles to commit the assaults. Investigators said he owned more than 20 vehicles, including SUVs and vans, and manipulated locks to prevent victims from escaping.
Items seized during the investigation included clothing, seat covers, photographs of women, DVDs, and electronics. Investigators say these materials, along with DNA evidence, have helped tie the man to assaults spanning more than a decade and across multiple counties in west Georgia.
District Attorney Dalia Racine has urged any additional victims to come forward. “Authorities are committed to identifying and supporting all survivors,” she said.
The man remains in the Douglas County Jail, where he is being held without bond. 230
Statute of Limitations
We know what you’re thinking. How can authorities charge anyone for a crime that was allegedly committed almost two decades previously?
Usually, the misdemeanor statute of limitations in Georgia is two years. The clock starts running on the date of the alleged offense. Once prosecutors file court documents, the clock stops.
Exceptions to the two-year SOL include out-of-state defendants and underage victims. If defendants are outside Georgia or flee the state, the statute of limitations may be paused (tolled) until they are found and returned to Georgia. Moreover, if the victim was under 18 when the crime took place, the statute of limitations may be extended beyond the usual two-year limit.
The same basic rules apply to felonies. Generally, the SOL is seven years. Murder has no SOL and the sexual assault limit is fifteen years.
Our math is suspect, but we’re certain that nineteen is more than fifteen. So, prosecutors must argue that the DNA evidence exception applies in this case. No statute of limitations applies if DNA evidence is available and preserved.
Incidentally, the SOL doesn’t apply to arrest warrants, such as FTA (failure to appear) traffic warrants. These warrants are valid until served.
Bond in Criminal Cases
Immediate jail release is very important in criminal cases. Pretrial detention essentially transforms the presumption of innocence into a presumption of guilt. Defendants behind bars cannot meaningfully participate in their own defenses, a fact which severely hampers their legal defenses.
Furthermore, most people, including most judges and jurors, assume that jail inmates did something wrong.
A Marietta criminal defense lawyer can hide this fact from jurors, usually by ensuring that the defendant is dressed in street clothes, is already seated at the counsel table when jurors enter the courtroom and is not wearing handcuffs. But judges don’t always grant all these requests. Additionally, at critical pretrial hearings, such as evidence suppression hearings (more on that below), incarcerated defendants are dressed in prison jumpsuits.
Same-day jail release is available in most situations. But if a defendant is charged with a very serious crime or multiple offenses, same-day jail release is usually unavailable. Instead, a Marietta criminal defense lawyer must argue for bond at a hearing before the judge.
Under the Eighth Amendment, everyone is entitled to reasonable bail. A reasonable amount depends on several factors, such as:
- Severity of the offense,
- Defendant’s criminal record,
- Amount the defendant can pay,
- Defendant’s ties to the community,
- Defendant’s threat to the community, and
- Defendant’s ability to flee the jurisdiction.
Most bail reduction matters settle out of court. For example, prosecutors may agree to a low bail amount if the defendant agrees to house arrest.
Scientific Evidence
Scientific evidence, which is any information derived from scientific methods, techniques, and analyses used to establish facts relevant to a case, plays a crucial role in modern criminal investigations and court proceedings. Such evidence provides objectivity and reliability that traditional eyewitness testimony or circumstantial evidence often lacks.
Most jurors have watched countless episodes of CSI: Wherever. Therefore, they innately believe that scientific evidence is both accurate and reliable.
Common types include DNA analysis, fingerprinting, toxicology reports, ballistics, digital forensics, and forensic pathology.
DNA evidence, in particular, has revolutionized the justice system. Since its introduction in the late 1980s, DNA profiling has been instrumental in both convicting perpetrators and exonerating the wrongly accused. The precision of genetic matching allows investigators to link suspects to crime scenes with a high degree of certainty.
Forensic toxicology is a close second. It determines the presence of drugs, alcohol, or poisons in a person’s system.
The science of ballistics analysis has advanced by leaps and bounds since the 1920s Sacco/Vanzetti trial, one of the first times prosecutors used this technique. Back then, ballistics experts could identify the caliber of bullet, and that was about it. Today, they can match bullets or cartridge cases to specific firearms.
The strength of scientific evidence lies in its empirical foundation. Properly collected and analyzed, it can establish timelines, reconstruct events, and corroborate or contradict witness accounts.
However, its reliability depends heavily on the integrity of the collection process, chain of custody, and the competence of forensic experts. Contaminated samples, human error, or flawed interpretation usually creates a reasonable doubt as to the evidence’s accuracy and reliability, despite the aforementioned bias jurors have in favor of this evidence.
All this scientific evidence is somewhat subjective. That’s especially true with second-level scientific evidence, such as tire tracks, clothing fibers, and footprints. Frequently, the matter comes down to which expert the jury believes.
Judges in Geogia use a strict standard to evaluate expert witnesses and determine if they’re competent to testify in court. A Marietta criminal defense lawyer must work with experts who pass this test yet don’t come across like eggheads when they testify.
Serious felony cases involve very complicated issues. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
