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Correspondence Vol. 2 of 2 (Redacted)
Correspondence
May 1, 1991 - August 20, 1991
73 pages
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Case Files, McCleskey Background Materials. Correspondence Vol. 2 of 2 (Redacted), 1991. 761931b9-f8c9-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/275bd6ba-c6ae-41c9-a22c-a5e410875d16/correspondence-vol-2-of-2-redacted. Accessed November 08, 2025.
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Derek Wendhe
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Wayne Snow, Jr., Chairman
State Board of Pardons and Appeals
Floyd Veterans Memorial Building
5th. Floor, East Tover
2, Martin Luther King Drive, S.E.
Atlanta, GA., 30334
June 29,6 1991
Dear Sir:
I understand that Mr. Warren McCleskey, D-003935, at Jackson
prison, has exhausted all legal appeals to his death sentence, and
is likely to be executed in the near future.
I do not recall ever previously making a written appeal #or the
life of a non-political prisoner, in the USA or elsewhere, yet find
myself drawn to make this appeal for clemency for Mr. McClesky.
This appeal is based less on questions about guilt for the crime
for which he was convicted (though I understand that some questions
do remain), than simply the subsequent evidence that this prisoner
has, in the long years of his incarceration, become something of a
model inmate, whose death now would serve no real deterrent or
punitive purpose. Rather, it would simply tend to underline the
barbarity of the death sentence, especially when imposed in
situations where a high degree of rehabilitation and redemption
has already occurred, as is the case of Mr. McCleskey.
I hope you can find a way to commute Mr. Warren McCleskey's
sentence from death to life imprisonment. I thank you for your
careful consideration of this plea.
Yours sincerely,
J... Timothy Johnson, Dr.P.H.
Copy: Gov. Zell Miller
(5 ¢ DD. be}
~Hutterian Brethren in New York, Inc. FAX(914)339-6685
TEL(914)339-6680
cc Jack Boda
25 June 1991
Wayne Snow, Chairman, and Members
Georgia State Board of Pardons and ADpsails
2 Martin Luther King, Jr., Drive, SE
Atlanta, GA 30334
Dear Friends,
I write to you again, this time to plead that you prayerfully
consider granting a Pardon, or a change of sentence, to Warren Mc-
Clesky. He is appealing to you, I believe.
Facing death shakes a man or woman to the roots of his being.
God faces.him or her. God and Eternity. Most people shun that con-
frontation; they harden their hearts or they blind their eyes in an
attempt to deny the fact. But occasionally a man opens his whole
being to that confrontation; his heart is softened, his life is changed.
An impressive recent example is Lee Atwater who died recently of
an incurable cancer.
Warren McClesky changed similarly. When his heart softened, many years ago on Death Row, Jesus came into his life and he became
a changed man. His letters since then have had a witness in them
that has helped to change the lives of some of us who are outside
prison walls and consider ourselves free. Warren himself has become
free from being preoccuppied with his own death sentence, and he
has used that freedom to deepen his faith and to spend his time
thinking of others--others there in prison with him whom he has tried
+o help to find faith too, and others outisde his bars, Through
his letters he has expressed concern for us, our faith, our witness,
our illnesses, our children's welfare. He has become a dear friend.
In writing, I do plead with vou to save his life; but it is |
not just for the sake of his life. It is also for the sake of those
around him in prison whose lives still can be changed, and for the
sake of all of us who are in touch with him who have been strengthened
by him. |
Let me express again my appreciation for your willingness to
take on the responsibility to which you have been appointed. Your
office brings you to the point where compassion is brought into play
beyond what justice by itself can do in society. I thank you all
and wish you God's grace and wisdom.
Respectfully,
Anthur Wiser |
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July 9, 1991
State Board of Pardons and Appeals
Chairman, Wayne Snow Jr.
Floyd Vetrerans Memorial Building
5th Floor, East Tower
2, Martin Luther King Jr. Dr. S.E.
Atlanta, GA 30334
Dear Wayne Snow,
| am writing on behalf of Warren McCleskey D-0003035 asking that
he be given clemency and commuting his sentence to life in prison.
Warren admits that he took part in an armed robbery, but denies
Killing the police officer. He accepts imprisonment as rightful
punishment. In addition there are circumstances surrounding the
case which question the legality of some of the proceedings.
In 1981 Warren became a Christian and has been a model prisoner .
He has conducted Bible studies for fellow prisoners. He lives
without bitterness and looks beyond himself toward the health and
well being of his fellow prisoners. For a time he has written letters
to a first grade class in the Pleasant View Bruderhof community in
Pennsylvania. He encourages the children to respect their parents.
Becasue of his positive behaviour and becasue of the questionablness
of his guilt, | ask you to spare Warren McClesky's Life.
Sincerely,
H
e
THE UNIVERSITY OF NORTH CAROLINA
AT
CHAPEL HILL
SCHOOL OF LAW CB# 3380, Van Hecke-Wettach Hall
The University of North Carolina at Chapel Hill
Chapel Hill, N.C. 27599-3380
FAX (919) 962-1277
July 17, 1991
Paul A. Cadenhead, Esq.
Hurt, Richardson, Garner, Todd & Cadenhead
999 Peachtree Street, N.E.
Atlanta, Georgia 30309
Warren McCleskey
Dear Paul:
Thank you very much, on several scores: for yesterday's
warm greeting and wonderful lunch; for your generous gift of
time; and for your keen interest in Warren McCleskey's case.
With you and Bob Reinhardt on board, we seem finally to have
located lawyers able to pilot Warren's little ship to safe
harbor. We are all very grateful that you have lent your
energies to this effort.
Best regards, and thanks again.
Sincerely,
wn n Charles Boger
University of North Carolina
School of Law, CB 43380
Chapel Hill, North Carolina 27599
July 10, 1991
Ms. Marie Deans
Executive Director
Virginia Coalition on Jails and Prisons
1806 Chantilly Street, Suite 202
Richmond, Virginia 23230
Dear Marie:
You are just wonderful! Many, many thanks for the 800 or more petitions
for clemency for Warren. I am returning them with an ingrate's request:
would you mind sending them directly to the Georgia Board via the Coalition,
vith the explanation that so many of your members wrote with concern about
Warren that you decided to allow them a formal way of expressing concern
(hence the forms). . . or some such? Their address is: Hon. Wayne Snow, Jr.,
Chairman, Georgia Board of Pardons and Paroles, Floyd Veterans Memorial
Building, 2 Martin Luther King Jr. Drive S.E., Atlanta, Georgia 30334.
I think these expressions of concern will be useful in establishing one
of our principal themes in Warren's case -- the unique and nationally visible
nature of his case. However, our strategy calls for the legal team to be low-
visibility, Georgia-based, and uninvolved in stirring the national waters on
McCleskey's behalf. To that end, thanks to Charles McCant of the Georgia
Resource Center, we have recruited as lead clemency counsel two powerful local
Georgia attorneys -- one the past president of the Georgia State Bar, the
other the past president of the Atlanta bar -- both of whom are exercising the
pull and political influence they normally wield on behalf of their other
well-heeled clients to reach the Georgia Board. Their approach is five-fold,
one part personal influence, and four parts rational argument: (i) it's us,
your friends, do yourselves and us this favor; (ii) the evidence identifying
McCleskey as the triggerman is fatally infected by police misconduct; (iii)
two of McCleskey's twelve jurors now insist, most recently and poignantly on
videotape, that McCleskey's jury found the State's case very close, and that
they would have positively refused to impose a death sentence had they known
about the State's illicit promises to, and involvement with, the key
informant/vitness; (iv) McCleskey has been a model prisoner; and (v) the whole
world's watching, and there's no need for Georgia to catch hell on this own
(see argument # 1).
The proof of national concern that is the heart of argument (v) depends
upon exactly the sort of evidence that your petition suppli®s; hovever, it
needs to come to the Board from sources outside the legal team. Please let me
knov if your sending the petitions directly to the Board is problematic.
I hope you are well. Evil days seem to have come for virtually everyone
I know and respect, and for all they have worked to achieve in the past two
decades. No doubt better times will come, but at present, it seems the
psalmist's laments resonate with newfound meaning. Richmond ain't so far from
Chapel Hill. It would be very good to see you. My best.
Sincerely,
el
n Charles Boger
University of North Carolina
School of Law, CB #3380
Chapel Hill, North Carolina 27599
lil Virginia Coalition on Jails and Prisons er a >
4942-W-—Broad-Street, Suite-205 / J) 4 (th /lu~ feo
Richmond, Virginia 23230 , :
(804) 353-0093
Executive Director Staff Attorneys
Marie Deans J. Lloyd Snook, lI
Gerald T. Zerkin
July—=},; 1901
Jack Boger
UNC School of Law
Campus Box 3380
Chapel Hill, NC 27599-3380
Dear Jack,
Enclosed are petitions for clemency for Warren. I believe there
are 800 to 1,000 here. 1I’l11 send more as they come in. I hope
you can use them, and ¥f so, that other organizations will do
mailings for petitions.
I tried to call before sending our letter out but couldn’t reach
you. If you think such petitions could help, and you’d like to
get other organizations to solicit signatures for petitions, let
me know.
Please give my best to Warren.
I still miss you a lot.
Love,
Narre
Marie
m/r
Board of Directors: J. Lloyd Snook, lli/Attorney-at-Law ® The Rev. James Giriffin/Catholic Diocese of Richmond
The Rev. Joseph Ingle/Southern Coalition on Jails & Prisons ® Gerald T. Zerkin/Attorney-at-Law
Pre-Trial Tracking & Assistance Committee: J. Lloyd Snook, Ill, Gerald T. Zerkin, Robert T. Hall, J. Gray Lawrence
Client Advisor: Joseph M. Giarratano
An Affiliate of The Southern Cbalition on Jails and Prisons
Jack Bodger Spring Valley
School of Law (omy § MERON) Rte 381 N.
C.B. #3380 Pro Farmington PA 15437-9506
Chapel Hill NC 27599 (#2) 329 ttoo
June 27, 1991
Dear Jack Bodger
Greetings! I have enjoyed talking with you on the phone and 1I
thank you very much for all your endeavors on Warren's behalf.
I am enclosing copies of letters to the Parole Board and others:
1. My letter to the Board of Pardons
2.Letter to 200 readers of the PLOUGH magazine resident in Georgia.
I've no idea how many will respond and write.
3. Letter to our six Bruderhof communities in the U.S.
4. Response from Pleasant View Community, Ulster Park NY.--60
letters already written and mailed.
5. Letter to Katie Shellman of Georgia ACLU.
Let's hope the Board is open to these very justifiable pleas.
Wishing you wisdom and perseverance in your efforts
Sincerely
end lavolle
Derek Wardle
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Qo: WwW ak LPH 8; OCHS, Publisher 1896-1936
pe ap 4 ¢ ns LANCE R. PRIMI, President”
PAE RUSSELL T, LEWIS, Sr.VP; Prodiiction
ERICH G. LINKER R I5 Sr.V.P, Advertising;
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| cori itutional rights. They also’show 1 *back-and found the: evidence of the planted:
rly a decade, Georgia- authorities; had forma ant x
ncealed telling evidence that the informant was Ai
; nough, Said a a 6-to-3 Court malo;
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2 3 . #4
70 Georgia frenng nts
Spring Valley Bruderhof
Fte 381 N.
Farmington FA 15437-3006
June: 21, S139)
Dear Reader of the PLOUGH
I am writing to you on behalf of WARREN McCLESKEY D-003935
Boy 3877 H-100 B.D. 0.0.
Jackson HA 30133
Warren has been on Death Fow for 12 1/78 years. I have EEN
corresponding with him for 7 1/72 years.
His case came to the Supreme Court three years ago on the basis of racial
discrimination. The case was rejected. He came within 3 days of execution.
His Attorneys found a flaw in his trial and fought it all the way up to the
Supreme Court again this year. An informer had been planted in the Jail and
testified against him. Again the Supreme Court rejected the case. It seems
all legal channels are exhausted. Warren will probably be given an execution
date within the first two weeks of July.
Warren admits taking part in an armed robbery, he denies killing the
Folice Officer. He accepts imprisonment as a vightful punishment. There is
encuagh questionable in the legal proceedings for it to be possible that an
innocent man will be executed, His co-defendants got off very lightly.
In 1981 he became a Christian. He has been a model prisoner, has
conducted Bible Study with other prisoners, has been steadfast in faith and
without bitterness through all the tensions of these years. He looks beyond
himself in concern for his fellow prisoners and in correspondence he always
carries the needs of ow communities-—the sick, the children. He writes to
the lst grade in Fleasant View Briuderhof,letters encouraging them to learn
and respect their parents. His life has a positive influence within and
beyond the prison. Why should such a life be ended, also when there are
reasons to question his guilt?
Letters appealing for clemency and commuting of his sentence to life
cottld be written tos State Board of Fardons and Appeals
Chairman, Wayne Snow Jr.
Floyd Veterans Memorial Building
ath Floor, East Tower
ay Martin Luther king Jr. Dr. B.E-
Atlanta GA 3033¢
IT you would feel to write, both I and Warren would appreciate it
greatly.
I greet you from FLOUGH which is now based in Spring Valley. We need to
ask you for patience as we are needing to put all ow energies into building
up this new community and we will not manage another issue of the PLOUGH
perhaps until next year. We are still very ready to sell you our books!
With warm greetings
Derek Wardle
£5
Lather its fly Commune
an DS,
Dear Stems Vas F YY. 520 Tr FOISTERS
WARREN McCLESKEY D-003935
Boy 3877 G-100.G. D.C...
Jackson GA 30133
has been on Death Row for 13 (7?) years and my pen pal for 7 years.
His case has been up to the Supreme Court twice and twice
rejected. 3 (7) years ago it was the issue of racial discrimination
against Blacks which the Court admitted but refused to overturn the
verdict. Warren came within days of execution.
The NAACF Legal Defense Fund then discovered that the State
had planted an informer in the next cell to get evidence out of
Warren, which is unconstitutional. The Judge issued a stay of
exectuion and this issue was taken to the Supreme Court and
rejected a few weeks ago.
Warren admits taking part in an armed robbery, says he did not kill
the policeman. He is a deeply believing man who holds Bible
studies in Jail and carries his fellow prisoners (also Doug Moclray?
on his heart. He writes to the PV Ist Grade.
Could you % as many as possible write an appeal for clemency
to:
Board of Pardons and Paroles
ath Floor, East Tower
Floyd Veterans Memorial Building
2yMartin Luther Eing Jr. Dr.
Atlanta GA 3033:¢
But only when I alert you to do so.
This extract from my last letter to Warren explains the situation.
June 3, 1931
‘My dear Warren
Thank you so much for your letter of May 11.
I understand your disappointment at the Supreme Court's
decision and you having to struggle with feelings of anger. So did
1. It seems so unjust.
It is wonder ful how you win back again and again to the faith
that your life is in God®s hands and he will make the ultimate
decision. That is a great challenge to all of us who live such
free and active lives and you should know that you attitude sends
ripples of faith out from the walls of your prison cell.
With you, I also think we should do all we can on God's side
in the fight for life. I was in touch with Jack Bodger (Warren's
lawyer) 2 days ago. He told me of the appeal for a rehearing you
were making to the Supreme Court and if that fails, that they would
take your case back ta the Georgia State Court.
I am ta phone him on June 10. If everything else has failed,
that will be the moment to get our letters of f immediately to the
Board of Pardons, pleading for clemency. He said if we send them
now, they will get lost under a pile of more immediate appeals.
So I will alert as many brothers and sisters as possible, and
the children too, to be ready to write as soon as I get the word
from Jack Bodger or you that everything else has failed. 0.E.7?
I will phone you as soon as it is clear letters should be
sent.
I would suggest making the appeal on Warren's character NOT on the
legal issues or the injustices. Maybe not use Hutterian Brethren
in your address, so that it is from many persons
Tod
[]
CC fo Speck [oder
Fatie Shellman Spring Valley Bruderhof
Interim Director Hte 2381 NN.
ACLU Georgia Farmington Fa 15437-93506
itchell Street H.W., Huite ZOO
Atlanta GA 30303 June 22, 1232]
43
thie Sd ad
Dear Katie Shellman
Thank you very much for your letter of June 4 1991 with the very
full account of Warren MocCleskey's case over the past years. It
only confirms that there are many inconsistencies and questionable
‘evidence’ used against him and that there is a high probability
that he is innocent of the killing of the Police Officer.
I have been in close touch with Jack Bodger who advised waiting
with letters to the Board of Paroles and Pardons until every legal
avenus had been exhausted. That is why I have not written until
HE ECL
It seems that moment has come. I enclose a capy of my letter. 1
have made my plea more on personal grounds and on the basis of
Warren's character because I feel I know him through nearly eight
vears of correspondence.
I have encouraged members of our six Bruderhof communities in the
U.B. to write and I believe many will. I have also written to all
the readers of our PLOUGH MAGAZINE who are residents of the State
af Georgia inviting them to write. I enclose a copy.
Let us hope the Board will have an open ear.
Thank you again for writing to me and for all you do to stand up
for the victims of injustice
Sincerely
Derek Wardle
encl: co of letter to Board of Paroles and Fardons
co oof letter to Georgia readers of the PLOUGH.
GEORGIA RESOURCE CENTER
920 Ponce de Leon Avenue N.E.
Atlanta, Georgia 30306
FAX: (404) 898-2074 (404) 898-2060 -. .
1] WN
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NOL YC Yl)
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Joe
Lom CML,
The Georgia Appellate Practice and Educational Resource Center, Inc. is a non-profit organization governed by a Board of Directors.
The Center was established by the State Bar of Georgia and is affiliated with the Georgia State University College of Law.
GEORGIA RESOURCE CENTER
920 Ponce de Leon Avenue NE
Alana, Georgia 30306
FAX: (304) 898.2073 {404) ROB-206{)
June. 13, 1991
BY FEDERAL EXPRESS
Mr. Lewis R. Slaton
District Attorney
Atlanta Judicial Circuit
3rd Floor-—-Fulton Co. Courthouse
Atlanta, Georgia 30303
Deay Mr. Slaton:
Pursuant to the Open Records Act, 0.G6.C.A. Sections 50-18-70 et
seq., and to the holding of the Georgia Supreme Court in Napper v.
Georgia Television €o., 257 Ga. 156, 356 S.E. 2d 640 (1987), I am
requesting an opportunity to review and copy, if necessary, all
files, records and other documents in the possession of the Atlanta
Judicial Circuit District Attorney's Office pertaining to the
investigation, arrest, incarceration, pre-trial preparation, trial
and post-trial matters or proceedings in the matter of the
prosecution of David Burney, Bernard Dupree, Warren McCleskey and
Ben Wright, Jr., for the robbery at the Dixie Furniture Store and
for the murder of Officer Frank Schlatt, which occurred on or about
May 13, 1978 on Marietta Street in Atlanta, Georgia.
For the purposes of this rdaquest, the terms "records" and
"documents" are intended te include, without limitation, any and
all written, typed, printed, recorded, graphic, computer-generated,
or other matter of any kind from which information can be derived,
whether produced, reproduced, or stored on paper, cards, tapes,
films, electronic facsimiles, computer storage devices or any other
medium. They include, without limitation, letters, memoranda
{including internal memoranda), calendars, schedules, books,
indices, notes, printed forms, publications, press releases,
notices, minutes, summaries or abstracts, reports, files,
transcripts, computer tapes, printouts, drawings, photographs,
withess statements, recordings (including both videotapes and
audiotapes), telegrams, and telex messages, as well as any
reproductions thereof that differ in any way from any other
reproduction, such as copies containing marginal notations.
Ti osimin dmmnlloie Promos and Edurasions! Resource Conser, Ine. is a man-profit organs hon governed bye Board ol Birecnn .
160 °d LACSTE9ERTETE OL H3IINID 30uN0STY HI10-030 Wodd er:8T Teel f1.90
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May 28, 1991
Mr. Boger and Mr. Stroup:
Enclosed is a draft that I have been working on for the last two weeks. I would like to use it
to give to a few confidential supporters of influence who could make call and write letters on
behalf of McCleskey. I need approval and corrections before I do so. Make whatever changes
are necessary and send it back to me at your earliest convenience.
Thank you.
Sincerely,
Charles McCant
PLEASE HELP
GEORGIA’S DEATH ROW
INMATE
WARREN McCLESKEY
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The story you are about to read is and the names are those of
real people. The facts are based on court testimony, statements of
witnesses' interviews taken by Atlanta Police investigators and by
independent investigators.
This manuscript was not prepared by an intellectual genius;
therefore, the language used is that of every day people.
Furthermore, it was not proofread or edited; therefore, "let not
your heart be troubled should you come across a flaw in the Queen's
English.
The purpose of this manuscript is to advise you of the facts
surrounding the conviction and death sentence inflicted upon WARREN
McCLESKEY for the May 13, 1978 murder of Atlanta Police Officer
FRANK SCHLATT; whereas, McCLESKEY's three co-defendants were given
lesser sentences for their direct involvements. It is hoped that
this document will give you enough information to assist you when
you write a letter to the Georgia Board of Pardons and Paroles on
behalf of WARREN McCLESKEY.
After you have completed your reading, please act accordingly
to ensure that WARREN McCLESKEY is not electrocuted in Georgia's
Electric Chair!
SUMMARY OF FACTS:
On the morning of May 13, 1978, WARREN McCLESKEY, BEN WRIGHT,
JR., Bernard DUPREE and DAVID BURNEY robbed Dixie Furniture Store
on Marietta Street in Atlanta, Georgia. They committed the robbery
in order to get money for BEN WRIGHT, JR. who wanted leave the
State of Georgia to avoid being arrested on a previous armed
robbery charge which occurred in Buckhead a few weeks before.
WRIGHT, BURNEY and MARY JENKINS (WRIGHT's girlfriend) pulled
a robbery in Buckhead around the end of April, 1978, according to
BURNEY. BEN WRIGHT'S car was recognized in the Buckhead robbery as
the get-away-car and MARY JENKINS was seen driving it. MS. JENKINS
was apprehended days later while taking a leisure drive in the same
vehicle. While being questioned by police, MS. JENKINS fingered
WRIGHT in an intentional attempt to protect herself from being
prosecuted; therefore, the Atlanta Police Department issued an
arrest warrant for BEN WRIGHT, JR.
On the 13th of May, WRIGHT, McCLESKEY, BURNEY and DUPREE drove
to a jewelry store in Marietta. BEN WRIGHT, JR. went inside the
store to check it out. WRIGHT decided not to rob it because it
was unsuitable. The four then rode around Marietta looking for
another place to rob but couldn't find anything fitting. WRIGHT
decided that Atlanta would be suitable for an armed robbery;
therefore, they drove to Atlanta. WRIGHT, in his leadership role;
decided to rob Dixie Furniture Store. Each of the four men was
armed.
After casing Dixie Furniture, WRIGHT concluded that it was
suitable to rob. WRIGHT informed each man on what to do.
McCLESKEY was advised to guard the front half of the store, while
the other two men who were accompanied by WRIGHT guarded the rear.
WRIGHT pressured everyone into pledging not to tell on each other
if either was ever captured.
Atlanta Police Officer FRANK SCHLATT, responding to a silent
alarm call, entered the front of the store with his revolver
detached from the holster. OFFICER SCHLATT observed a suspect who
turned out to be WARREN McCLESKEY holding store employee at gun
point. OFFICER SCHIATT commanded McCLESKEY to drop the gun and
turn around. BEN WRIGHT, JR. entered the front section of the
store and fired two shot in the direction of OFFICER SCHLATT.
Court testimony revealed that one bullet hit OFFICER SCHLATT in the
chest and deflected off a cigarette lighter in OFFICER SCHLATT'S
shirt pocket. The other bullet, which was fatal, penetrated the
OFFICER SCHLATT'S head through his right eye. WRIGHT directed
everyone to split.
WRIGHT, after having killed Atlanta Police Officer FRANK
SCHLATT, left Georgia and went to Pine Bluff, Arkansas. The other
three men, who had no reason to run, continued living in Metro
Atlanta.
Ballistics revealed that OFFICER SCHLATT had been shot by a
.38 caliber Rossi revolver. The murder weapon was never retrieved.
Nonetheless, trial testimony from expert witnesses profess that
such a revolver had been stolen in the robbery of a Red Dot grocery
store in Southeast Atlanta two months earlier.
During the robbery, WRIGHT somehow left behind a leather
jacket he was wearing that had a laundry ticket stapled in one
sleeve. The jacket was traced by Atlanta police to a former owner
who related he had given the jacket to BEN WRIGHT, JR. several
months before. Atlanta Police launched a massive man hunt for
WRIGHT. In the meantime, police learned the names of WARREN
McCLESKEY, BERNARD DUPREE and DAVID BURNEY through MARY JENKINS.
Furthermore, police discovered that WRIGHT had left Georgia.
Evidence suggest MARY JENKINS was an accomplice to the robbery
and murder of OFFICER SCHLATT. JENKINS possibly drove the get-
away-car during the Dixie Furniture Store robbery. WRIGHT, BURNEY
and witnesses did identify MS. JENKINS as being the driver in the
Buckhead robbery. Furthermore, witnesses vaguely remember seeing
a lady fitting MS. JENKINS description in the car with the four men
when Dixie Furniture was robbed. MS. JENKINS was never prosecuted
for the robbery and murder. MS. JENKINS testified against
McCLESKEY, BURNEY and DUPREE.
McCLESKEY was arrested in Cobb County in the early morning
hours while asleep at his sister's home on May 31, 1978. DAVID
BURNEY was arrested on the same day in Techwood Homes while at his
girl friend's apartment. BERNARD DUPREE gave up to police at his
lawyer's office after learning he was being sought in connection
with the robbery and murder. BEN WRIGHT, JR. was arrested months
later in Pine Bluff, Arkansas for a string of robberies and
assaults there. When arrested in Arkansas, he learned that he was
wanted for the murder of a police officer back in Atlanta.
WRIGHT, after being arrested in Pine Bluff, Arkansas was
surprised and angered by the fact that Arkansas authorities knew he
had been involved in a "cop-killing". WRIGHT assumed that the
three co-defendants had "snitched on him".
McCLESKEY and BURNEY both confessed to robbing Dixie
Furniture, but denied killing OFFICER SCHLATT. BERNARD DUPREE
denied any involvement in the robbery and killing even to the
extent of claiming he was not with BURNEY, McCLESKEY and WRIGHT at
all when the robbery and murder transpired. McCLESKEY and BURNEY
identified DUPREE and WRIGHT as being involved after each had
pledged not to tell on their partners if arrested. However,
neither man fingered WRIGHT as the "triggerman".
The Atlanta Police officials did not advised Arkansas that
WRIGHT was not fingered by his co-defendants as the murderer.
Misleading information and vengeance provoked WRIGHT to turn
against his three partners. WRIGHT was so moved by the fact that
he had been "told on" he devised perfect statements against the
three men for the Assistant District Attorney, RUSSELL PARKER, and
Atlanta Police Investigators, Welcome Harris, W. K. Jowers and
Sidney Dorsey. WRIGHT was the one who first said McCLESKEY was the
trigger man. However, witnesses present at Dixie Furniture the day
of the robbery, clearly stated that the shooting did not occur
until after BEN WRIGHT, JR. went to the front of the store.
Ben WRIGHT testified in open court that McCLESKEY had a .38
caliber Rossi nickel-plated revolver---again, the pistol and murder
weapon was never found. MARY JENKINS told police and testified
that WRIGHT was seen with the .38 Rossi weeks prior to the police's
killing. However, WRIGHT testified that he himself was armed with
a sawed-off shotgun, and that BURNEY and DUPREE had blue steel
pistols. An article in the Atlanta Constitution quoted police
investigators saying "OFFICER SCHLATT was killed by a sawed off
shotgun that was fired at close range".
WRIGHT claimed McCLESKEY was driving his personal vehicle,
which was used as the get-away-car. WRIGHT, further testified that
McCLESKEY parked his car up the street from the furniture store and
that McCLESKEY entered the store and "cased" it. "After McCLESKEY
returned to the car, the robbery was planned" WRIGHT testified. It
is a known fact that WRIGHT was the ring leader and brain of the
pack; therefore, each of the men complied with WRIGHT'S orders
religiously.
According to WRIGHT, in executing the robbery plan, McCLESKEY
entered the front of the store and the other three entered through
the rear by way of the loading dock. McCleskeky secured the front
while he (WRIGHT) and the others rounded up the employees and
customers in the rear and began to tie them up with tape and forced
to lie on the floor. The manager was forced, by WRIGHT at
gunpoint, to turn over the store's receipts, which included a watch
and six dollars in cash. GEORGE MALCOM, an employee, testified
that he had a pistol taken from him at gunpoint by WRIGHT.
After WRIGHT had given his phony account of what happen,
Atlanta Police Investigators and Assistant District Attorney
RUSSELL PARKER were convinced that a jury would not return a guilty
verdict against McCLESKEY based on WRIGHT's testimony; therefore,
police investigators with the approval of ADA PARKER placed a
professional informant named OFFIE EVANS, who used a false name, in
the cellblock next to McCLESKEY, BURNEY and DUPREE. EVANS was in
the Fulton County Jail on a federal warrant awaiting a probation
revocation hearing on charges related to escaping from a federal
halfway house. EVANS testified at trial that McCLESKEY admitted
shooting OFFICER SCHLATT. McCLESKEY maintains he never had a
discussion about the crime with OFFIE EVANS.
It is believed that EVANS was prepared to testified by Atlanta
Police Investigators and ADA Russell Parker. EVANS' testimony was
too tight and authentic, which indicates EVANS had help.
Furthermore, it was verified in later court challenges on behalf of
McCLESKEY that EVANS was a professional snitch who would testify on
behalf of the prosecution in cases tagged "difficult to get a
conviction".
WHAT EVER HAPPENED TO:
In exchange for his counterfeit statement and testimony,
Assistant District Attorney PARKER spoke with federal officials on
behalf of EVANS and EVANS was given favorable treatment and set
8
free on the escape charges. OFFIE EVANS was released from the
Georgia Penal System in 1988 after serving time for a variety of
charges after many episodes of jail house snitching on behalf of
the Fulton County District Attorney's Office.
BEN WRIGHT, JR. was sentenced to 20 years each for
Manslaughter and Armed Robbery. WRIGHT was released from prison in
1987, committed a few armed robberies, kidnapping, aggravated
assault and a drug charge. He was sentence to life plus 20 years.
Presently, He is serving his sentences at Dodge Correctional
Institution.
DAVID BURNEY is serving a life sentence at Phillips
Correctional Institution in Buford, Georgia for the murder of
OFFICER SCHLATT and Armed Robbery.
BERNARD DUPREE is serving a life sentence at Georgia State
Prison in Reidsville, Georgia for the offenses committed May 13,
1978. DUPREE'S sentence is on appeal and he is yet claiming he was
not present during the armed robbery and murder on May 13, 1978.
MARY JENKINS was never tried on any charges and she is
presumably somewhere in the Metro Atlanta area. It was her
assistance and information that helped Atlanta Police crack the May
13, 1978 case.
Assistant District Attorney RUSSELL PARKER now works as an
assistant district attorney in the Cobb County District Attorney's
Office.
Detectives DORSEY, HARRIS and JOWERS are still working with
the Homicide Division of the Atlanta Police Department.
CONCLUSION
No one is asking you to approve of the murdering of a human
being. Law-abiding citizens should encourage our judicial system
to reasonably punish persons who are fairly tried and convicted by
an efficient jury. Moreover, the authentic evidence and testimony
of credible witnesses should be a underlying element in convicting
individuals charged with criminal infractions, particularly when a
sentence of death is sought. In the case of WARREN McCLESKEY, the
prosecution and police did everything that was not right to secure
a conviction and death sentence. Concealing statements from
witnesses that could have proved McCLESKEY was not the triggerman;
placing a police informant (OFFIE EVANS) in the cellblock next to
McCLESKEY for the purpose of questioning him regarding the crime;
giving out a lesser sentences to BEN WRIGHT, JR. (the likely
triggerman) for testifying for the prosecution; not prosecuting
MARY JENKINS for the Buckhead robbery; and not telling the jury
that OFFIE EVANS was a professional snitch---just to state a few of
10
the ruthless and unconstitutional acts of the ADA RUSSELL PARKER
and the Atlanta Police Department.
If WARREN McCLESKEY'S execution is carried out, the City of
Atlanta Police Department will have won a major victory in denying
criminal suspects their constitutional rights as afforded in the
United States of America Constitution. The 6th Amendment of the
Constitution states, "In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have been
committed, ce... ...., and to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in
his favor, and to have the assistance of counsel for his defense."
WARREN McCLESKEY has been snatched from the jaws of death on
two separate occasions by the federal courts because constitutional
violations were found in his conviction. However, on Tuesday,
April 16, 1991, the U.S. Supreme Court unbelievably affirmed
McCLESKEY'S conviction and death sentence, which authorizes the
State of Georgia to set an execution date. The date has not been
set, but is anticipated any day.
WARREN MCCLESKEY'S fate lies in the hands of members of the
Georgia Board of Pardons and Paroles. If his life is to be spared,
it is up to a majority of the five members. You are asked to write
Pardons and Paroles today on behalf of WARREN McCLESKEY.
11
ON BEHALF OF WARREN
McCLESKEY, THANK YOU IN ADVANCE
FOR YOU TIME AND ASSISTANCE.
State Board of Pardons and Paroles
Floyd Veterans Memorial Building
5th Floor East
12
l.
3.
B.
2 Martin Iumther King, Jr. Drive, S.E.
Atlanta, Georgia 30334
Telephone: (404) 656-5651
THE BOARD MEMBERS ARE:
WAYNE SNOW, JR., CHAIRMAN 2. JAMES T. MORRIS
BETTYE O. HUTCHINGS 4. DAVID EVANS
TIMOTHY JONES
13
May 23, 1991
Ms. Patsy Morris
Georgia Resource Center
920 Ponce de Leon Street, N.E.
Atlanta, Georgia 30306
Warren McCleskey v. Walter D. Zant
Dear Patsy:
Having just graded 191 constitutional law exams, my mind has been
rendered senseless for any mental activity more complicated than the following
calculations of out-of-pocket expenses in the McCleskey case during the past
two months:
4/26/91 Airfare from Raleigh to Atlanta $ 309.00
Breakfast 3.59
Lunch 5.95
Dinner 3.20
Parking 3.50
(Met with co-counsel Robert Stroup and
with Charles McCant and Mark Olive of the
Georgia Resource Center; discussed
proceedings to follow denial of relief in
the Supreme Court of the United States.)
5/10/31 Mailed petition for rehearing to the Supreme
Court of the United States. 4,15
5/11/91 Mailed petition for rehearing to opposing
counsel and co-counsel. 32.32
Telephone
11/80 -- 3/9] See attached list 61.87
TOTAL $ 403.58
I have receipts for most of these expenses; however, I can't find the
4/26 lunch and parking ticket, or the receipt for the 5/10 mailing. Please
let me know if you need any more documentation. Best regards.
Sincerely,
SA John Charles Boger
LIST OF TELEPHONE CALLS ATTRIBUTABLE TO McCLESKEY AND/OR MOORE CASES
11/90 1/91 2/31 3/31 4/91 (Home)
03.04 00.32 02.83 02.08 f1.13
00.64 00.32 00.80 05.76 02.24
00.64 00.80 00.16 01.44 01.01
01.92 00.16 01.92 01.92 00.12
01.44 01.60 02.08
01.12 01.60 00.96
00.64 03.68
81.12 00.48
01.44 81.92
00.32
00.32
00.64
01.60
02.08
01.92
00.48
01.12
06.08
26.54 04.80 14.83 11.20 4.50
26.54
04.80
14.83
11.20
04.50
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15/17/1991 16:36 FROM GEORGIA RESOU
Willian G. Andrews, Jr. - Ga. State Patrol - May 7, 1977
T: v 313 pe r=, og TE ats 1 J 8 - ge
Iyronne C. Dillard - Ga. State Patrol - Feb. 3, 1977
ton DeWitt Bostick - Mitchell Co. 5.0. - Nov. 6. 1978
Jessie Tanner, Jr. - Houston
Frank R_ Schlatt Alionts P.
Baxtci shavers - Catoosa Co. 5.0. - April 14, 1978
James G. Crawford - Atlanta PD. - Jan. 14, 1978
Frank Kania - Chatham Co. P.D. - 1979
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Robert 1. Gotel Monticello P.D. - Aug. 27, 1979
Randy E. Brown - Albany P.D
Thomas Rowry, Jr. - Union Point P.ID. - 1 ;
James N. Bowers - Columbus P.D. - April 4, 1979
Keith H. Sewell - Ga. State Patrol - Jan. 17. 1979
Dawid L. Hagins - Fano nm Co. P.D. - Dec. 14, 1980
Jack W. Hammack - Terrell Co. 5.0. - Nov. 11, 1980
James M. West, Sr. - Decatur Co. S.O. - Oct. 2
James E. Richardson - Atlanta P.ID. - July 19, 1980
G. Bobby Powe Swain
Tommy Ricnard be Kal
Hubert Lodge - Mitchell Co. C May
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Alford M. Johnson, P.D. - Feb. 16, 19
Robert K. Hawkins P.I3. = Feb, 7,198
John Brown - Savas y gy
James ro ' H Char i idler, Jr. Ft. {) ~ ef -
John D. Morris - Ga. State Patrol
Ernest E. Sanders - Thomas C 0
Drew H. Brown - Cobb Co. P.D
Ed Kitchens - Douglasville PD
Donward F. La apn - (ra. Stat
Mary F. Barker ricus P.D
Thom 38 | i Bibb Co =
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Thomas M. * >panky” Bowen - Columbus P.D. « May 11, 1984
Lee Anthony Crews - Valdosta P.D. - Jan. 24, 1984
James , Haupfear Augusta PD. - Jan 14, 1984
Ronald E. O'Neal - Ga. State Patrol . Jan 10, 1984
Ya} aL] a Hp - sy AOE
John J. "Sonny" King - GBI - Sept. 13, 1985
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i millip [n] vMatnis Atiant 0 PD Ap i 26 1585
George E. Gore - Webster C 5 0. 5.0. - April 11, 1985
Gary Frank Beringause - Ga. Tech P.D. - Nov. 2
Harvey James Adams - Marietta P.D. - Aug. 30, 1986
Robert Cunningham, jr. ~ Seminole Co. S.0. - Aug. 27, 1986
Donald J. Mander - Macon P.D. - Aug. 3, 1986
Robert Gerald Bridges - Clayton Co 8.0. - July 9, 1986
7 357YY " b, TY fF Cleveland Ray Costian - Brunswick P.DD. - Mav 1¢
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Walter 1. Harden, Si
Gregory L. Davis - Atlant:
Robert M. Kirk - Ga. Bur
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THE UNIVERSITY OF NORTH CAROLINA
AT
CHAPEL HILL
SCHOOL OF LAW CB# 3380, Van Hecke-Wettach Hall
The University of North Carolina at Chapel Hill
May 11, 1991 Chapel Hill, N.C. 27599-3380
FAX (919) 962-1277
Bob Reinhardt
Reinhardt, Whitley & Wilmot, P.C.
1001 North Central Street
Tifton, Georgia 31794
Warren McCleskey v. Walter D. Zant
Dear Mr. Reinhardt:
Thank you very much for your kindness last Thursday. Bob
Stroup, Charles McCant and I appreciated the chance to meet with
you, enjoyed lunch, and were much heartened by your agreement to
become involved in our efforts to spare the life of Warren
McCleskey. Nothing that has transpired in this case during the
past decade -- with the admitted exception of Judge Forrester's
two elusive grants of relief on the merits, in 1984 and 1987 --
has given me a stronger lift than your willingness to represent
Mr. McCleskey in our further proceedings.
As you suggested, I am sending you a copy of the current,
rough draft of the successive state habeas corpus petition which
I am in the process of preparing. You will find that it is
fairly complete in its pleading recitals -- many of which are now
dictated by court rule -- but I have yet to include factual
allegations to elaborate our basic contention of a Sixth
Amendment violation under Massiah v. United States. 377 U.S. 201
(1964). My expectation is that many of these details will be
drawn from one or more of the statement of facts sections of our
prior briefs.
I also enclosing a final copy of the petition for rehearing
which was mailed to the Supreme Court of the United States on
Friday, May 10th, thereby complying with their filing rules.
Good luck in your conversations with those whom you indicated
would be contacted in the coming week. Best regards, and thanks
again.
Sincerely
Pk Bip
John Charles Boger
THE UNIVERSITY OF NORTH CAROLINA
AT
CHAPEL HILL
SCHOOL OF LAW CB# 3380, Van Hecke-Wettach Hall
The University of North Carolina at Chapel Hill
May 11, 1921 Chapel Hill, N.C. 27599-3380 4
FAX (919) 962-1277
Robert H. Stroup, Esq. George H. Kendall, Esq.
141 Walton Street NAACP Legal Defense Fund
Atlanta, Georgia 30303 99 Hudson Street :
New York, New York 10013
Professor Anthony G. Amsterdam Mark E. Olive, Esq.
New York University Georgia Resource Center
School of Law 920 Ponce de Leon, N.E.
40 Washington Square South Atlanta, Georgia 30306
New York, New York 10012
Warren McCleskey v. Walter D. Zant
Dear Folks:
Enclosed for your files is a copy of the petition for
rehearing which was forwarded to the Supreme Court of the United
States on Friday afternoon. Doubtless the Court will finally, as
the Bible says, see the error of their ways and repent of their
wrongdoing. If not, the enclosed draft of a successive state
habeas petition will allow the Georgia courts a similar
opportunity.
Charles McCant of the Georgia Resource Center has lined up a
phenomenally well-connected South Georgia lawyer for Warren's
pre-clemency and clemency hearings. The lawyer is:
Bob (not Robert) Reinhardt, Esq.
Reinhardt, Whitley & Wilmot, P.C.
1001 North Central Street
Tifton, Georgia 31794
(912) 382-6135
Reinhardt is former president of the Georgia State Bar, one of
the five current Bar Examiners, former Chairman of the Board of
Visitors of the University of Georgia, etc. etc. Bob, Charles,
and I met with Reinhardt in Tifton last Thursday. After several
hours of discussion, he has agreed to begin calling up old
friends -- like Griffin Bell, Michael Bowers, and Judge J. Robert
Elliot !! -- to see what can be done. The current plan is to
try to persuade Michael Bowers and/or Lewis Slaton not to set an
execution date, and hope to bring suasion to bear on the
prospects of a lay-down Massiah victory in state court.
Reinhardt is a doer, not a talker, and he isn't used to losing.
May 11, 1991
Page Two
He thinks the pre-clemency strategy has a chance to succeed,
especially with the 1996 Olympics looming on Atlanta's horizon,
and local boosters anxious about their world image. I don't
think we could have fallen into better hands. Charles has
absolutely amazing contacts with people in power in Georgia, and
it is much to his credit that we have added this heavy-hitter to
the clemency team.
On a lighter note, one droll measure of the state of the
Public Mind can be found in the enclosed clipping from the
Columbia, South Carolina State newspaper -- a reprint of a short
article that was apparently published last month in Philadelphia
(once home to Dr. Benjamin Rush and Professor Anthony G.
Amsterdam, I recall.) You will see that this new McGuffy's
Reader is carefully teaching our children moral and social
lessons for the late Twentieth Century.
All the best. Please let me know if you have ideas for the
successive petition.
Sincerely,
John Charles Boger
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B5-31-1991 17:55 FROM GEORGIA RESOURCE CENTER TQ 9191395521277 P.O
FAX TRANSMITTAL
TO: ATTORNEYS JACK BOGER & BOB STROUP
FAX # (9219) 962 —- 1277 & ((404) 658 - 1567
FROM: CHARLES MCCANT
DATE: MAY 1, 199]
RE: FACT VITA NEEDED ON WARREN MCCLESKEY —r 1 A Lh ERAN AAP eee —
1 urgently need a vita on McCleskey that gives vague
facts of the crimes and conviction It should be prepared
similarly to the one George Kendall did on one of his clients (see
additional pages). The vita should be no less than three and no
more than five pages long. Please include all of the facts, the
appeals the case has been through and final decision.
This fact sheet should make someone other than McCleskey look like
the trigger man, which in reality is true, i.e., McCleskey was not
the trigger man. At the bottom ©f the vita, I will put the names
of the Pardons and Paroles Board members, their addresses and
telephone numbers. The bottom line is I need a propaganda
brochure.
There is no need to worry about the dissemination process
and who gets it. We have a plan.
I would like this by Tuesday, May. 7, 1991 if at all
possible.
Thank you for your support and cooperation.
tive pages including this one.
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JAMES WILSON, JR.
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the remainder of his natural life.
Why should Mr. Dixon enter into such an agreement? There are
several good reasons.
I. Persons who suffer from retardation lack
capacity for judgment and are not as blameworthy as person
who do not suffer such deficits.
The death penalty is on the books for a very small category of
murderers -- those who sadist r kill, and because of their smarts and
cunning, cannot be trusted dott to > Xl Spa. If ever appropriate, it is for
persons such as Ted Bundy, a law school educated offender who was
convicted of pursuing and killing several ih women.
Persons who are mentally s slow + like Will lie WwW iso 1, are not Proper
candidates for the death penalty. The y are not street-smart tas who
exploit and take adv antage of others. They lack the mental capacity to do so
They always do poorly in school, and have trouble making it in ihe world
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when they become adults. While such individuals can and should receive
tough punishment when they commit serious Sey are sha suld the ey be
= nd ly - RES ad uf aad | - i Sit . = Sad pF -% wy 8 punished as harshly as offenders who do not suffer from mental retardation.
Indeed, this is why il Gen eral Assembly erected an absolute ban
on the use of the death penalty fo for such individuals.
2. The former district attorney, when he decided
to seek the death penalty, and the rE th at Feasts need Mr.
Wilson to death, were not aware that he suffers from mental
retardation.
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penalty upon offenders who are known to suff Dixon
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For these reasons, it is important that Mr. Dixon resist the
temptation to continue the State’s ten year effort to see that this mentally-
retarded young man is destroyed. Mr. Wilson has served his time peacefully
and has been a problem to no one. Crime problems that presently plague
this community demand Mr. Dixon's time more than another trial in this now
decade-old case.
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20-ALG-19391 16:36
amnesty
international
INTERNATIONAL SECRETARIAT,
1 Easton Street, London WC1X 8DJ,
United Kingdom.
Fax: Q71-95%6 1157
Tel: 071-413 5500
FACSIMILE COVER SHEET
TO: Jack Boger
FROM: Mandy Bath, Americas Research Department
DATE: 20 August 1991
DESTINATION FAX NO.: 0101-919-962 1277
TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: 7
If you do not receive all of the pages, or they are not fully legible,
please call us as soon as possible on 011-4471 413 5901.
COMMENTS /MESSAGES
Dear Jack
Re: Warren McCleskey
Here is the case profile we have distributed to our offices. 1 also
enclose the two-page "INTERNAL" part (not for public distribution) which
gives the instructions for action.
I'1T1 be glad to have your comments and further suggestiors. My direct
telephone line is: 011-4471 413 5901, and our FAX 1s 011-4471 956 1157.
But I hope I won't be hearing from you - unless it's good news.
Best wishes
Mandy "Bath
B® (44X71) 413 5500 Telegrams: Amnesty London WC1 Telex: 28502 FAX: 956 1157
Amnesty international is an independent worldwide movement working impartighy for the roloase of ai ; : ‘ prisoners of conscience. aw and prompt tials for pektical prisoners
to torture and executions. It is funded by donations from its members and supporters throughout the world. It has formal tations with the United 10% pai Pi ae
Europe, the Organization of African Unity ard the Organization of Amevican States, :
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2E-AlG-1991 16:31 P.o2
EXTERNAL (for general distribution) Al Index:AMRS1/24/91
Digtr: SC/CO/DP/GR
UNITED STATES OF AMERICA
THE DEATH PENALTY: WARREN McCLESKEY (GEORGIA)
RACE:
DATE OF CRIME:
DATE OF SENTENCE:
July 1991
Black DATE OF BIRTH: 17 March 1946
13 May 1978 AGE AT CRIME: 32
12 October 1978 MURDER VICTIM: White policeman
SUMMARY OF AMNESTY
INTERNATIONAL'S
CONCERNS:
CURRENT STATUS:
CRIME:
Warren McClesky, a prisoner under sentence of death in Georgia, has exhausted
his legal appeals and Amnesty International fears that an execution date will soon
be announced. McClesky, who is black, was convicted of the murder of a white
police officer. Amnesty International is concerned that the US Supreme Court, in
1987, narrowly dismissed an appeal in his case based on a claim that the death
penalty in Georgia was applied in a racially discriminatory manner. The appeal
presented evidence that those who killed white victims were more likely to receive
the death penalty than other defendants. Amnesty International is also concerned
by a further Supreme Court ruling in the case in 1991 for reasons described below.
Amnesty international believes that arguments have been presented in the case
which provide strong grounds for clemency.
Amnesty International opposes the death penalty in all cases as a violation of the
right to life and the right not to be subjected to cruel, inhuman and degrading.
treatment or punishment, as proclaimed in the Universal Declaration of Human
Rights.
Warren McCleskey has exhausted all available legal appeals and it is feared likely
that an execution date will soon be announced. McCleskey’s two appeals to the US
Supreme Court, both raising substantial issues, were heard by the Court and denied
in 1987 and 1991.
Warren McCleskey, black, was convicted of the murder of a white police officer
during an armed robbery of a furniture store in Atlanta, Georgia. The robbery was
committed by four armed men, one of whom shot and killed the off-duty policeman
who entered the store while the robbery was in progress. No witness from the
store could identify which of the four robbers shot the police officer.
McCleskey initially confessed to police that he had participated in the robbery, He
later renounced his confession. One of the other accomplices testified at
McCleskey's trial that McCleskey had shot the officer. The prosecution also
introduced the testimony of Offie Evans, a "jail informer" who had been placed in
a cell next to McCleskey. Evans testified that, during conversations, McClaeskey had
admitted shooting the officer.
——-
28-ALIG-1991 16:31 P.E3
US Supreme Court Justice Thurgood Marshall commented in 1891, "Qutside of the
self-serving and easily impeachable testimony of the codefendant, the only
evidence that directly supported the State's identification of McCleskey as the
triggerman was the testimony of Evans... Without it, the jury might very well have
reached a different verdict.”
MecCleskey was convicted and sentenced to death by a jury of 11 white and 1
black jurors.
LEGAL BACKGROUND:
McCLESKEY v KEMP: One of McCleskey's main issues on appeal was that Georgia's death penaity, in
its apphecation, discriminated on the basis of race. This became a major
constitutional challenge to the death penalty in the USA and resulted in the
landmark ruling McCleskey v Kemp, announced by the US Supreme Court on 22
April 1987.
McCleskey contended that Georgia's capital punishment system was
unconstitutional because those who killed white victims were four times more likely
to receive the death penalty than other defendants in cases at similar levels of
aggravation. Black defendants charged with killing white victims were more likely
to receive the death penalty than any other category of offender. McCleskey's
argument was supported by evidence in the form of a detailed statistical study
undertaken by Professor David Baldus of lowa State University.
Baldus examined more than 2,000 homicide cases in Georgia during the period
1973 to 1979. The significant racial disparities in death sentencing persisted even
after the study took into account more than 230 non-racial factors. It found, for
example, that prosecutors had sought the death penalty in 70 percent of cases
involving black defendants and white victims, as opposed to only 32 percent of
cases involving white defendants and white victims, and 19 percent of white
defendants with black victims.
By five votes to four, the US Supreme Court rejected McCleskey’s appeal. It said
the racial disparities revealed in the Baldus study were insufficient to show that
Georgia's capital sentencing system was operating irrationally” or "arbitrarily.” The
Court did concede that "apparent disparities in sentencing are an inevitable part of
our criminal justice process,” and that any system for determining guilt or
punishment "has its weaknesses and potential for misuse,” but said that McCleskey
had failed to prove that the decision-makers in hig particular case had acted with
discriminatory intent.
In three strongly-worded separate written opinions the four dissenting judges
criticized the majority decision. The dissenting justices were persuaded that the
Baldus study revealed a risk of racial discrimination in the operation of Georgia‘s
death penalty statute that clearly violated the US Constitution. Justice William
Brennan said that the "risk that race influenced McCleskey’s sentence is intolerable
by any imaginable standard.”
McCLESKEY v ZANT: Following the US Supreme Court's ruling in McCleskey v. Kemp, an execution
date was set for mid-July 1987. A stay of execution was granted after
McCleskey's lawyers unexpectedly uncovered important new evidence regarding
the testimony given at trial by Offie Evans (see above). This evidence indicated that
Evans had been a police informer and had been placed in the adjacent cell to
McCleskey on purpose. Evans had used a false name, had purported to know a
friend of McCleskey's and had coaxed him into giving details of the crime. In return
for his testimony against McCleskey, the charges against Evans were dropped.
'McCleskey v Zant, decided 16 April 1991, Justice varghall, dissenting
(with Blackmun and Stevens joining).
20-AUG-1991 16:32
A second federal habeas corpus petition was filed and, in December, 1987 the
Federal District Court in Atlanta ordered that McCleskey be granted a new trial. The
judge found that McCleskey’s constitutional right to counsel had been violated by
the use of the informer to elicit incriminating statements from him. The District
Court found that the State had covertly planted the informer Evans in an adjoining
cell for the purpose of eliciting incriminating statements that could be used against
McCleskey at trial. However, the Court of Appeals reinstated the conviction saying
that McClaskey should have raised the informant issue during his first round of
appeals in 1981.
McCleskey petitioned the US Supreme Court which again agreed to hear his case.
Its ruling in April 1991 was another landmark decision which once again upheld
McCleskey’s conviction and death sentence. The Court held by six votes to three
that second habeas corpus petitions must be dismissed except in unusual
circumstances. Under the Court's new rule, a prisoner must show "cause" for not
having raised a new argument earlier, and that he or she suffered "actual prejudice”
from the constitutional error in question.
in McCleskey's case, Justice Kennedy (for the majority) said the fact that his
lawyer had failed to raise the issue earlier did not constitute "cause,” even though
the state had withheld the informer's 21-page statement from the defense team.
(The new evidence was obtained only after McCleskey's lawyers filed a request
under a state "open records” statute that was not construed to apply to police files
until 1987.) Writing for the dissent, Justice Marshall vehemently argued that
McCleskey had suffered “prejudice” from the informer’s testimony in that it formed
a critical part of the prosecution’s case against him. It was the only evidence that
directly supported the State's identification of McCleskey as the triggerman.
in 1987, Amnesty International expressed its grave concern at the US Supreme
Court's decision in McCleskey v Kemp. It found the evidence of racial
discrimination in the application of Georgia's death penalty statute to be
compelling. Amnesty International is deeply disturbed that the Court has seen fit
to tolerate a system in which there is a clear and substantial risk that the race of
the victim and the defendant may be the determining factors in who is sentenced
to death for the crime of murder.
The ruling against Warren McCleskey was passed by only the narrowest majority,
with four of the nine Justices entering vigorous dissents. The risk remains that
racial considerations may have improperly influenced the outcome of Warren
McCleskey's trial.
The US Supreme Court's 1881 ruling, McCleskey v Zant also gives grave cause for
concern. The ruling denied McCleskey's petition, not on its merits, but on the
procedural grounds that prisoners will not be permitted to file a second federal
habeas corpus petition other than in exceptional circumstances. The merits of
McCleskey's second appeal are compelling and the Court's refusal to address them
extremely disturbing.
Amnesty International is extremely concerned that Warren McCleskey faces
imminent execution despite the very substantial arguments which mitigate in favour
of clemency.
As of 24 April 1891 there were 113 prisoners under sentence of death in Georgia,
54 of whom were black. The most recent person to be executed in the state was
Henry Willis on 18 May 1989. Ten of the 14 people executed in Georgia since the
death penalty was reinstated in the 1870s have been black, nine of whom were
convicted of murdering white victims. No white person has been executed in
Georgia for killing a black victim,
ho
iid
20-AUJG-1991
GENERAL
BACKGROUND:
For further information on the application of the death penalty in the USA,
see Amnesty International's papers on this subject, in particular, United States of
America, The Death Penalty, AMRSE1/01/87; AMRS1/01/88 - The Death Penalty
in the United States of America: Developments in 1987; AMRS51/01/89 -
Developments in 1988; AMRS1/46/89 - Developments from January to August
1989 and AMRS 1/13/81 - Developments from 1 September 1888 to 31 December
1990.
INTERNAL (for AI members only) Al Index: $¢/2u/ a
Distr: SC/CO/DP/GR
Amnesty International
International Secretariat
1 Easton Street
London WC1X 8DJ
United Kingdom
All Sections
USA Cograups
Death Penalty Coordinators
Groups holding US death penalty dossiers
Johannes van dey Klaauw, EP
Mandy Bath, USA Research-death penalty, Americas Research Dept
23 July 1991
This 1s an urgent alert regarding an imminent exec
The attached EXTERNAL case profile on Warren
information and action. We fear McClesk
and that there will then be Tittle
case raises several important
» aE CI # , a YL 0 gs Fad k J \ a ief for “procedural” reasons, and residual doubts
Cleskey's involvement in the murdey
to find PROMINENT PEOPLE
prepared to send appeals for clemency on behalf
their private capacity. You may distribute
parliamentarians, lawyers, judges, church
other influential persons with whom your contact.
Please inform Debbie Jewell, Americas Research Department
4471-413 5709) if you know you have influential persons who are
appeal on behalf of Warren McCleskey,
(telephone:
ready to
28-AUG-1991 16:34
2. Please circulate the external c<ase profile to journalists and the
media within your country. This death penalty case has already aroused
largescale media interest within the USA because of the important issues it
raises (regarding race discrimination and the increasingly harsh procedural
rules applied by US courts). Encourage the media to cover the case. Please
send any press articles published in your country about McCleskey's case to
the USA Research Team, Americas Research Department, at the IS.
3, For the moment, do not send any appeals. The IS will issue
an Urgent Action as soon as McCleskey's lawyers feel the moment is right.
When the UA is issued, please try to circulate it widely, together with the
attached external case profile, $0 that people will have the maximum
information about the case.