Attorney Chris Townley testified Thursday that a man charged in a Dade County, Ga., land fraud was not interested in a plea deal unless he got probation.
Dobson, who wound up being convicted by a jury and sentenced in May 2014 to 10 years and six months in federal prison, is asking that his conviction be set aside and he get a new trial.
He said attorney Townley never went over the ramifications of how much time he could get if he faced a jury. His new attorney, Mike Richardson, said that was enough to get the case overturned. He said attorney Townley "never told him he could be facing 10-15 years."
Judge Curtis Collier, who noted that Magistrate Judge Susan Lee had outlined the maximum terms he faced at a prior hearing, is expected to issue a written ruling later.
Attorney Townley said he told Dobson he could get "a lot" if he risked a jury. He said he did not go into specifics of such matters as the amount of losses by investors in the complex case since Dobson showed no interest in any plea involving prison time.
The attorney said the prosecutor who was then on the case expressed an interest in a settlement, noting it was a complicated case and there were some witness problems. He said a specific offer was never made. Attorney Townley said he had hoped to get a maximum of five years for Dobson.
Judge Collier said he would not have approved a five-year deal, saying it was a serious case in which banks and individuals were defrauded of as much as $44 million. The case involved land sales at The Preserve at Johnson's Crook at the base of Lookout Mountain at Rising Fawn.
Dobson, who was brought to the courtroom in shackles and handcuffs, told the judge, "I wish he had told me my exposure before going to trial. I would have pleaded guilty."
He said he had studied FBI reports on sentences for white collar criminals in fraud cases. He said, "I didn't see anybody get 126 months. Most were 18, 36 and 48 months."
Attorney Townley said there was some discussion of Dobson working with the government on possible cases against "higher up elected officials," but he maintained "they hadn't done anything wrong and he couldn't do that."
He said Dobson "was adamant about not going to trial. He didn't really care when I told him he could get a lot."
Perry Piper, the current prosecutor, said attorney Townley "proved to be prescient. It was a lot more."