Correspondence Vol. 2 of 2 (Redacted)

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Includes correspondence with petitions for clemency for Warren McCleskey, correspondence and working product between counsel, as well as materials distributed by the Georgia Resource Center and Amnesty International in support of McCleskey.

Impact area
- Criminal Justice
Topic
- Capital Punishment
LDF Attorneys
Cooperating Attorney
- Robert Stroup
Organizations
- LDF
- Stroup & Coleman
Matter
- McCleskey v. Kemp
Case
- Clemency Request
U.S. state
- Georgia
Collection
- Case Files
Taxonomy
Identifier
- 761931b9-f8c9-ef11-b8e8-7c1e520b5bae

Cite this item

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 May 13, 2025.

Copied!

cc 0 Jick Koy.)

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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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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;
stice Anthony Kennedy!

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]

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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920 Ponce de Leon Avenue, N.E

Atlanta Georgia 303

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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

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

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.

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

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

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
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26.54 04.80 14.83 11.20 4.50

26.54
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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

r™ a] Bal

0. 5.0. - Sept. 1, 1978 L

D - May 13, 1978 he

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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

eG Fs

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 =

Fr alll G Bl - Jan

Stn DT CR 1 4 1 55 A
2 Lacy Iv Smyrna F.i/ NOV 10, | ¥04

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

. ow 1

. 2 N- : i 1 , =
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
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THE UNIVERSITY OF NORTH CAROLINA

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

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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on the use of the death penalty fo for such individuals.

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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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the JUry wads d4awdlc that gy r. Wilson POSSE! Sa » YCIY 10W INLCIALEE [CC Had
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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,

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.

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