Affidavits

    FULTON COUNTY, 
ATLANTA, GEORGIA 

  

AFFIDAVIT OF BRYAN A. STEVENSON 
  

I, BRYAN A. STEVENSON, being duly sworn state the following: 

1. I am an attorney engaged in the practice of law at 185 

Walton Street, N.W., Atlanta, Georgia 30303. 

2. In late April of 1987, I was asked by Bob Stroup, counsel 

for Warren McCleskey and by Warren McCleskey himself to assist in 

locating and interviewing Offie Evans regarding Evans' involve- 

ment in Mr. McCleskey's trial. 

3. Shortly after being requested to assist in interviewing 

Offie Evans I was informed by Mr. Stroup that Offie Evans was due 

to be released from a state prison in Waycross, Georgia on May 8, 

1987, and that a telephone number had been obtained where he 

could be reached upon his release. 

4. The telephone number I was given was at the address of 

Offie Evans' sister, Lucille Bonner, in Atlanta, Georgia where 

Mr. Evans was expected to reside. On or about the 12th of May, I 

called and spoke with Mrs. Bonner about meeting Mr. Evans. She 

informed me that she had not seen or talked with Offie but he was 

expected at any time. 

5. On the next day I again called Mrs. Bonner and she 

informed me that Offie had arrived and that she had told him to 

 



  

give me a call. 

6. When Mr. Evans did not call me I again called Mrs. 

Bonner who told me that she had told Offie to contact me. She 

told me that she would again tell Offie to call. 

7. When once more Mr. Evans did not call I talked with Mrs. 

Bonner again. She then informed me that Offie was not staying 

with her but that he was staying with his sister who lived on 

Sells Avenue in Southwest Atlanta. She stated that her sister 

does not have a telephone. 

7. I asked her to please tell Offie Evans to call me and I 

informed her that I would check back with her. TI continued 

calling the Bonner residence over the next several days in an 

effort to reach Offie Evans while he was there. At no point was 

I able to reach him and he did not return my calls. 

8. During the next week I was able to locate the address of 

Mrs. Bonner's sister on Sells Avenue where Offie Evans was said 

to be living. 

9. I went to 897 Sells Avenue which is in a large section 

of public housing in southwest Atlanta and talked with another 

sister of Offie Evans, Ms. Cooper. She told me that Offie some- 

times stayed at her home and had been at the house earlier in the 

morning but was not there and not expected back until the eve- 

ning. I left my card and told her that I would return in the 

evening to speak with him. When I returned late that evening 

Of fie was not there. 

 



  

10. Over the next few days I went to Sells Avenue to locate 

Offie Evans several times, often after 11:00 at night or before 

8:00 in the morning. He was never at home and sometimes had not 

been there for over a day or two. During Memorial Day weekend I 

left a letter with Offie's brother who was at the Sells Avenue 

address one evening asking him to give it to Offie if he came 

by. The letter informed Offie that I would be by the next mor- 

ning at a time certain and I would like to speak briefly with 

him. The next morning Offie again was not there. 

11. Over the next week I returned to the 897 address seve- 

ral times to locate Offie Evans. I was told that he was no 

longer staying there and that no one knew where he was. He was 

said to "come by" every now and then but had not been there for a 

while. I also went to the Bonner residence in Northwest Atlanta 

on two ocassions and was unable to locate Evans. I also went to 

the home of a niece of Offie Evans who lives in Northwest Atlanta 

near Ms. Bonner. Evans could not be found at either place. 

ut Sh— 
Brak A. Stevenson 
  

Subscribed and sworn to before me 

this 917 day of July, 1987. 

  

  

   

  

  

Notary Pub 

~ Notary Public, Georgia, St 

My Commission Expires ¢ 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

WARREN McCLESKEY, 

Petitioner, 

VS. : CIVIL ACTION NO. 

RALPH KEMP, 
  

Respondent. : 

AFFIDAVIT OF T. DELANEY BELL 
  

STATE OF GEORGIA) 

COUNTY OF if 

Personally before the undersigned officer duly 

authorized by law to administer oaths appeared T. DELANEY 

BELL, who, after being duly sworn, deposes and states as 

follows: 

1. My name is T. DELANEY BELL. I am more than 

eighteen years of age, and am under no legal disability of 

any kind. This affidavit is given freely and voluntarily, 

without coercion of any kind. I understand it will be used 

in court proceedings on behalf of Warren McCleskey. 

2. I am self-employed in Atlanta, Georgia as a legal 

investigator. Most of my work is in the area of either 

corporate investigations, or criminal investigations. 

2. At the request of Robert Stroup, counsel for Warren 

McCleskey, I was employed in early June to try to locate 

Offie Gene Evans. 

 



  

3. From the Fulton County Probation Office, I learned 

that he had given his address as 987 Sells Ave, Apt. 62. I 

also learned, through my investigation, that a sister lived 

at 1206 Wilkes Circle, N.W., Apt. 23, and a cousin lived at 

335 Ashby: St., S.W., ‘both"in Atlanta, 

4, I visited these addresses in an extensive effort to 

contact Evans during the period from June 4 through June 8, 

1987. Family members advised me that he had spent one night 

at the Sells Avenue address in the two weeks prior to June 

4, and they expected that he would be showing up at some 

time in the near future. On June 5, 1987, I conducted an 

stakeout of these addresses until 2:30 A.M. Saturday morning 

and checked these residences again Saturday morning, 

Saturday afternoon, Saturday evening (for four hours) and 

again Sunday morning. I was without success in making 

contact with Offie Evans, either then or subsequently. 

5. Since early June, I have been in touch with the 

Fulton County Probation Office. They have advised me that 

he is on probation, but as of July 7, 1987 has not reported 

to his probation officer. He is nearly two months overdue 

in his reporting obligations. In conversations with Evans's 

probation officer in late July, I was advised that steps 

were being initiated to place Evans on fugitive status. 

7. On July 6, 1987, I contacted family members at the 

above-listed addresses, and was told that Evans had been 

 



  

there within the past month only once, for a brief period of 

time in the early hours of July 4. I was told that family 

members did not know where Evans was staying. 

This : 7Z day of July, 1987. 

  

TT. DELANEYSBELL S 

Mo tom—————— 

Sworn to and subscribed before me, 

this "J]¥ day of July, 1987. 

e : : /] PS PE 
/ i. f / fia <i, SB 

Vn 4 Nv a o<, lf 4 EB iene 
  

Notary Public C2 ky 

   



  

suspected that the Open Records Act would permit such discovery. 

And historically, the lack of any funding to pursue habeas relief 

has deterred significantly counsel's ability to seek complete 

discovery. All of these cases, beyond the direct appeal stage, 

have been handled by counsel volunteering often hundreds of hours 

of professional time and thousands of dollars of out-of-pocket 

expenses. These counsel have simply lacked the resources to file 

and pursue additional law suits aimed at securing records 

oftentime unknown to counsel. It is no accident that it was not 

an indigent, death-sentenced inmate, but instead a news gathering 

corporation with substantial resources, which litigated the 

question of access to such files and secured the landmark 

decision from the Georgia Supreme Court in Napper. 

\ \ 
iN H. Kendall 

Subscribed and Sworn Before Me 

1"; 
his "§" Day of July, 1987. 

Further affiant sayeth not. 

  

Hansel g; ds, AAS 
Notary Public 
  

My commission expires: 

Notary Pub! lic, Fulton County, Georgia 
ssion Expires May 30, 1990 My Comm wid 

 



  

COUNTY OF FULTON 

STATE OF GEORGIA 

AFFIDAVIT OF GEORGE H. KENDALL 
  

(1) My name is George H. Kendall. I am an attorney licensed 

to practice law in the State of Georgia. My business address is 

88 Walton Street, N.W., Atlanta, Georgia, 30303. 

(2) For the past four years, I have served as staff counsel to 

the American Civil Liberties Union Capital Litigation Project for 

the Eleventh Circuit. My responsibilities have included 

recruiting volunteer counsel to represent indigent death- 

sentenced inmates in Florida, Georgia, Alabama and other states; 

to provide such counsel with back-up assistance on habeas corpus 

and appellate practice; and to provide direct representation 

where volunteer counsel could not be located. During my tenure in 

this position, I have recruited over 60 law firms to handle cases 

and have given advice on well over 100 cases. I am presently 

counsel of record in nearly 20 cases. 

(3) I am very familiar with the litigation in over half the 

Goory ia death cases presently pending in the state and federal 

courts and am generally familiar with the remaining cases. I am 

certain that in no case prior to the announcement of Napper v. 

Georgia Television Company, Ga. ’ S.E.24 , No. 44381 
    

(1987), has volunteer counsel sought discovery of police and/or 

other state files pursuant to the Open Records Act. The reasons 

for this, are clear -- no attorney I know of perceived or even 

 



  

suspected that the Open Records Act would permit such discovery. 

And historically, the lack of any funding to pursue habeas relief 

has deterred significantly counsel's ability to seek complete 

discovery. All of these cases, beyond the direct appeal stage, 

have been handled by counsel volunteering often hundreds of hours 

of professional time and thousands of dollars of out-of-pocket 

expenses. These counsel have simply lacked the resources to file 

and pursue additional law suits aimed at securing records 

oftentime unknown to counsel. It is no accident that it was not 

an indigent, death-sentenced inmate, but instead a news gathering 

corporation with substantial resources, which litigated the 

question of access to such files and secured the landmark 

decision from the Georgia Supreme Court in Napper. 

ar \ 
i H. Kendall 

Subscribed and Sworn Before Me 

; 1"; 
This § ~ Day of July, 1987. 

Further affiant sayeth not. 

  

Notary Public 
  

My commission expires: 

Notary Public, Fulton County, Georgia 
My Commission Expires May 30. 1990 

 



  

COUNTY OF FULTON 

STATE OF GEORGIA 

AFFIDAVIT OF GEORGE H. KENDALL 
  

(1) My name is George H. Kendall. I am an attorney licensed 

to practice law in the State of Georgia. My business address is 

88 Walton Street, N.W., Atlanta, Georgia, 30303. 

(2) For the past four years, I have served as staff counsel to 

the American Civil Liberties Union Capital Litigation Project for 

the Eleventh Circuit. My responsibilities have included 

recruiting volunteer counsel to represent indigent death- 

sentenced inmates in Florida, Georgia, Alabama and other states: 

to provide such counsel with back-up assistance on habeas corpus 

and appellate practice; and to provide direct representation 

where volunteer counsel could not be located. During my tenure in 

this position, I have recruited over 60 law firms to handle cases 

and have given advice on well over 100 cases. I am presently 

counsel of record in nearly 20 cases. 

(3) I am very familiar with the litigation in over half the 

Gearon death cases presently pending in the state and federal 

courts and am generally familiar with the remaining cases. I am 

certain that in no case prior to the announcement of Napper wv. 

Georgia Television Company, Ga. / 5.E.24 » No. 44381 
    

(1987), has volunteer counsel sought discovery of police and/or 

other state files pursuant to the Open Records Act. The reasons 

for this are clear -- no attorney I know of perceived or even 

 



  

suspected that the Open Records Act would permit such discovery. 

And historically, the lack of any funding to pursue habeas relief 

has deterred significantly counsel's ability to seek complete 

discovery. All of these cases, beyond the direct appeal stage, 

have been handled by counsel volunteering often hundreds of hours 

of professional time and thousands of dollars of out-of-pocket 

expenses. These counsel have simply lacked the resources to file 

and pursue additional law suits aimed at securing records 

oftentime unknown to counsel. It 1s no accident that it was not 

an indigent, death-sentenced inmate, but instead a news gathering 

corporation with substantial resources, which litigated the 

question of access to such files and secured the landmark 

decision from the Georgia Supreme Court in Napper. 

\ H. Kendall 

Subscribed and Sworn Before Me 

fu 
This § ~ Pay of July, 1937. 

Further affiant sayeth not. 

  

Notary Public 
  

My commission expires: 

Netary Public, Fulton County, Georgia 
My Commission Expires May 30, 1990 

 



  

COUNTY OF FULTON 

STATE OF GEORGIA 

AFFIDAVIT OF GEORGE H. KENDALL 
  

(1) My name is George H. Kendall. I am an attorney licensed 

to practice law in the State of Georgia. My business address is 

88 Walton Street, N.W., Atlanta, Georgia, 30303. 

(2) For the past four years, I have served as staff counsel to 

the American Civil Liberties Union Capital Litigation Project for 

the Eleventh Clrcuit. My responsibilities have included 

recruiting volunteer counsel to represent indigent death- 

sentenced inmates in Florida, Georgia, Alabama and other states; 

to provide such counsel with back-up assistance on habeas corpus 

and appellate practice; and to provide direct representation 

where volunteer counsel could not be located. During my tenure in 

this position, I have recruited over 60 law firms to handle cases 

and have given advice on well over 100 cases. I am presently 

counsel of record in nearly 20 cases. 

(3) I am very familiar with the litigation in over half the 

Gededta death cases presently pending in the state and federal 

courts and am generally familiar with the remaining cases. I am 

certain that in no case prior to the announcement of Napper wv. 

Georgia Television Company, Ga. ' S.E.24 No. 44381     

(1987), has volunteer counsel sought discovery of police and/or 

other state files pursuant to the Open Records Act. The reasons 

for this are clear -- no attorney 1 know of perceived or even 

 



  

suspected that the Open Records Act would permit such discovery. 

And historically, the lack of any funding to pursue habeas relief 

has deterred significantly counsel's ability to seek complete 

discovery. All of these cases, beyond the direct appeal stage, 

have been handled by counsel volunteering often hundreds of hours 

of professional time and thousands of dollars of out-of-pocket 

expenses. These counsel have simply lacked the resources to file 

and pursue additional law suits aimed at securing records 

oftentime unknown to counsel. It is no accident that it was not 

an indigent, death-sentenced inmate, but instead a news gathering 

corporation with substantial resources, which litigated the 

question of access to such files and secured the landmark 

decision from the Georgia Supreme Court in Napper. 

nN Kendall 

Subscribed and Sworn Before Me 

17; 
Thies 'S'~ Day of July, 1937. 

Further affiant sayeth not. 

  

Hasualt’ © plas 
Notary Public 
  

My commission expires: 

Notary Public, Fulton County, Georgia 
My Commission Expires May 30, 1990 

 



  

COUNTY OF FULTON 

STATE OF GEORGIA 

AFFIDAVIT OF GEORGE H. KENDALL 
  

(1) My name is George H. Kendall. I am an attorney licensed 

to practice law in the State of Georgia. My business address is 

88 Walton Street, N.W., Atlanta, Georgia, 30303. 

(2) For the past four years, I have served as staff counsel to 

the American Civil Liberties Union Capital Litigation Project for 

the Eleventh Circuit. My responsibilities have included 

recruiting volunteer counsel to represent indigent death- 

sentenced inmates in Florida, Georgia, Alabama and other states; 

to provide such counsel with back-up assistance on habeas corpus 

and appellate practice; and to provide direct representation 

where volunteer counsel could not be located. During my tenure in 

this position, I have recruited over 60 law firms to handle cases 

and have given advice on well over 100 cases. I am presently 

counsel of record in nearly 20 cases. 

£3) I am very familiar with the litigation in over half the 

Gaotain death cases presently pending in the state and federal 

courts and am generally familiar with the remaining cases. I am 

certain that in no case prior to the announcement of Napper wv. 

Georgia Television Company, Ga. ’ S.E.24 » No. 44381 
    

(1987), has volunteer counsel sought discovery of police and/or 

other state files pursuant to the Open Records Act. The reasons 

for this are clear -- no attorney 1 know of perceived or even 

 



  

suspected that the Open Records Act would permit such discovery. 

And historically, the lack of any funding to pursue habeas relief 

has deterred significantly counsel's ability to seek complete 

discovery. All of these cases, beyond the direct appeal stage, 

have been handled by counsel volunteering often hundreds of hours 

of professional time and thousands of dollars of out-of-pocket 

expenses. These counsel have simply lacked the resources to file 

and pursue additional law suits aimed at securing records 

oftentime unknown to counsel. 1t is no accident that it was not 

an indigent, death-sentenced inmate, but instead a news gathering 

corporation with substantial resources, which litigated the 

question of access to such files and secured the landmark 

decision from the Georgia Supreme Court in Napper. 

iN H. Kendall 

Subscribed and Sworn Before Me 

1 
This. § Day ‘of ‘July, 1937. 

Further affiant sayeth not. 

  

Hohuet” Ctl 
Notary Public 
  

My commission expires: 

Netary Public, Fulton County. Georgia 
My Commission Expires May 30. 1990 

2