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Case Files, McCleskey Background Materials. Northern District of Georgia, No. C87-151A - Witnesses - General, 1987. ce06ed2d-63a7-ef11-8a69-6045bdd667da. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/4556a093-522d-4881-9f7d-883a27f28abc/northern-district-of-georgia-no-c87-151a-witnesses-general. Accessed August 19, 2025.
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
-_ es em es wm ee em em eas es ws wes sms me ems es xX
WARREN McCLESKEY,
Petitioner,
HABEAS CORPUS
vs. : NO.
RALPH M. KEMP, Superintendent,
Georgia Diagnostic &
Classification Center
Respondent.
- em em em em ews em em em en ew ws em em wm ee > 4
STATE OF NEW YORK )
COUNTY OF NEW YORK) ih
JOHN CHARLES BOGER, being duly sworn, states:
a I am an gssociate couse) with the NAACP Legal Defense
and Educational Fund, Inc., ("LDF") 99 Hudson Street, New York, New
York 10013, and I am one of the attorneys for Warren McCleskey. I
make this affidavit for submission to the United States District
Court in this action.
2. I was first employed by LDF in February of 1978. At that
time, three attorneys at LDF handled capital punishment cases.
Each of these attorneys had responsibility for all LDF cases in any
one state. For example, one of the states assigned to me was
Georgia; no other LDF staff attorney but myself had any substantial
knowledge of, or familiarity with, the facts of particular Georgia
capital cases. Sometimes LDF attorneys would informally discuss
legal issues presented by the facts in each other's cases, but with
rare exceptions, we did no independent factual investigation,
transcript review, or other record analysis in those cases.
Specifically, no other attorney associated with LDF, including Jack
Greenberg, James Nabrit III, Joel Berger, Deborah Fins, James S.
Liebman, Timothy K. Ford, or Anthony G. Amsterdam had any major
responsibility for Mr. McCleskey's case until the 1983 evidentiary
hearing in this Court.
3. My own role in Georgia capital cases varied
substantially. In some cases, I was actively involved with the
client and I participated intensively in the investigation of
claims, the drafting of pleadings and the conduct of hearings. In
other cases, I was far more passive, serving principally as an
advisor to my co-counsel. In the Warren McCleskey case, my role
was very limited until the spring of 1983. I did no first-hand
investigation and did not read the trial transcript, the trig}
record, or the transcripts and depositions from the state habeas
corpus proceedings. My co-counsel, Robert H. Stroup, drafted the
certiorari petition on direct appeal, and all pleadings, memoranda
and briefs filed in the state habeas corpus proceedings. I did not
attend the state habeas hearing, and did not even meet Mr.
McCleskey until August of 1983, during the federal hearing in this
Court, My participation in the case was limited to occasional
telephone conversations with Mr. Stroup, during which I would
comment on constitutional issues or related matters.
4. Even when the McCleskey case reached this Court, my
principal responsibility, and that of other LDF attorneys including
Timothy Ford and Anthony Amsterdam, was limited to presentation of
social scientific evidence on patterns of racial discrimination in
capital sentencing. The first substantive document which I recall
drafting for Mr. McCleskey was an affidavit by Professor David
Baldus, filed in June of 1982, which reported upon his preliminary
findings on Georgia capital sentencing. Throughout the subsequent
proceedings in this Court -- the discovery, the federal hearings in
August and October of 1983, and the post-hearing briefings -- I
left the investigation, evidentiary presentation and drafting
responsibilities on all issues other than racial discrimination to
Mr. Stroup.
5. The division of responsibility I have described continued
when Mr. McCleskey's case was appealed to the Court of Appeals.
Mr. Stroup briefed and, to my best recollection, orally argued all
{Seies exces those tavolving Wr. McGleskey's, racial discrimi-
nation claims. LDF lawyers, including Timothy Ford, Anthony
Amsterdam and myself took the lead on the racial claims. I did
read the trial and state habeas corpus transcripts in preparation
for oral argument in the Court of Appeals in June of 1984, and
again in preparation for oral argument in the Supreme Court of the
United States in October of 1986; however, since Mr. Stroup and I
divided oral argument at the Court of Appeals, and since the
Supreme Court limited its grant of certiorari to the racial claims,
I did not focus intensively on Mr. McCleskey's other claims.
LDF Knowledge of McCleskevy's Henry and Mooney Claims
8. In March of 1987, in anticipation of a decision from the
3
Supreme Court of the United States, I discussed with Mr. Stroup
whether other constitutional claims might be available to Mr.
McCleskey if the Supreme Court's decision were adverse. We both
agreed that it would be useful to meet with 0ffie Evans, one of the
State's chief witnesses against Mr. McCleskey, to learn whether he
could provide further information amplifying upon his relationship
with Detective Sidney Dorsey, wileh had been the basis for a
constitutional claim asserted under Giglio v. United States, 405
U.S. 150 (1972) in the first state and federal petitions.
7. We learned in late March that Offie Evans was then
incarcerated on another charge at the Ware Correctional Institution
in Waycross, Georgia. I wrote to Mr. Evans, requesting an
interview. (A copy of the letter is annexed as Exhibit A.) No
response was forthcoming. Mr. Stroup then contacted correctional
officials at: the Ware institution who Informed him that Mr. Evans
would be paroled to the Atlanta area on May 10, 1987. The
officials indicated that we could talk with Mr. Evans if he would
agree to see us. Our further attempts, however, to contact Mr.
Evans through Ware counsellors and others were unsuccessful.
8. Shortly after May 10th, Mr. Stroup attempted to make
direct contact with Mr. Evans through his sister and other
relatives living in the Atlanta area. Although the relatives were
cordial, our efforts were unavailing. We next turned for
assistance to a young black attorney, who made repeated efforts--
morning, noon and night -- to locate Mr. Evans at the homes of
various relatives. Mr. Stroup and I then hired an experienced,
highly recommended private detective -- a former FBI agent -- to
locate Mr. Evans.
9. Toward the end of May, acutely aware that time was of the
essence, Mr. Stroup and I had a lengthy discussion of every
possible avenue to reach Mr. Evans. Our discussion turned to
alternative ways we might learn the details of the "promise" or
"understanding" between Mr. Evans and Detective Dorsey. Bob Stroup
reminded me that he had spoken to Detective Dorsey during state
habeas proceedings without success. Neither of us could think of
‘any other reasonable leads to follow. Mr. Stroup, however, did
mention in passing a then-recent article in an Atlanta legal
newspaper, describing current efforts by Atlanta news media to
obtain investigative files in the Wayne Williams case under the
Georgia Open Records Act. We agreed that we might frame a request
to an Atlanta City Attorney who was Known to My. Stroup, to see
whether that avenue might be promising.
10. Let me add that, in nine years of full-time litigation of
capital cases, predominantly in Georgia, and extensive contacts
with every major capital defense attorney in the State, I had never
previously heard of the Georgia Open Records Act, much less of any
prior attempts -- still less any successful attempts -- by any
habeas applicants to use the Act to obtain police or prosecutorial
files in an ongoing habeas case. Nevertheless, as set forth in
greater detail in the contemporaneous affidavit of my colleague,
Mr. Stroup, we pursued this avenue, because we had been
unsuccessful in our efforts to obtain information through more
conventional means.
11. Mr. Stroup telephoned me on June 11, 1987 to report that
he had just received from the City Attorney a 2l-page written
statement that had apparently been given by O0ffie Evans on August
i. 191s. At that time, although Mr. Stroup tell only read part of
the statement, he reported to me that it seemed substantially at
variance with Evans' testimony at trial. As we began to discuss
the statement, we began to reflect on the possible constitutional
issues it might present. I requested Mr. Stroup to send me a copy
by Federal Express, and I examined it over the June 13-15th
weekend. Upon my return to New York on Tuesday, June 16th from a
two-day meeting in Washington, D.C. on other matters, I immediately
began work to prepare an amendment to our successive state habeas
corpus petition -- which had been filed in the Superior Court of
Butvei county on June 9, 1987 ~Tto sssert new constitutional claims
under United States v. Henry, 447 U.S. 264 (1980) and Mooney V.
Holohan, 294 U.S. 103 (1935), predicated on the newly-discovered
Evans statement.
12. Prior to June 11th, I had no knowledge of the existence
of the 21-page written statement by Offie Evans, or of any other
written statement by Evans. Indeed, I was totally surprised to
learn of the existence of the statement. Although, I was not
primarily responsible for the non-racial issues during Mr.
McCleskey's initial state and federal habeas corpus proceedings, my
strong impression, drawn from the trial transcript and other
relevant documents, was that Mr. Evans' communications with State
officials prior to Mr. McCleskey's trial had been exclusively oral.
Had I realized that Mr. Evans had in 1978 signed a written document
allegedly recounting his conversations with Mr. McCleskey, I would
have immediately moved to discover it under applicable state or
federal procedures.
13. At no time prior to June 10, 1987, did any LDF lawyer or,
to my knowledge, Mr. Stroup, ever suspect, surmise, or even
contemplate the possibiity that the State had obtained a written
statement from Offie Evans.
14. Neither other LDF attorneys not I deliberately withheld
or abandoned Mr. McCleskey's Henry and Mooney claims. Until June
of 1987, we had had neither the evidence, nor the knowledge of the
evidence, on which those claims are based. Nor, I respectfully
submit, given the repeated State denials of access to that evidence
£3) prior +d trial, (if) diving Mr. McCleskey's cross-examination
at trial, (iii) on direct appeal, and (iv), in State habeas
proceedings, and given the State's lack of clear information even
confirming the existence of the statement, could our ignorance be
deemed "inexcusable neglect" within the meaning of Sanders v.
United States, 373 U.S. 1 (1963) and Rule 9(b).
= A
on Chad &.
“John A aos
Subscribed and sworn to before me
this oh day of July, 1987
aE Corfu,
\__Notary Public
JUDITH A. REED
Notary he) St ate of New York o
Gu: ii — Wssiches or ) mo
Commission Expires _/
"NAACP LEGAL DEFENSE AND EDUCATIONAL FUND. INC. ~~
98 Hudson Street, New York, N.Y. 10013 © (212) 219-1900 -
April 8, 1987 =
Mr. Ophie Evans EF-193230 : =: : ] :
Ware Correctional Institution : - a Ls - Li
—~ Waycross, Georgia 31501 - ; : : a
Dear Mr. Evans: =X. Ge : : .
-
= : I am one of fhe attorneys oY Warren McCleskey, in whose
— trial, you may remember, you gave testimony in 1978. Warren's
- case is now pending in -the United States Supreme Court en an
LT "issue of racial discrimination. We expect to. hear from the Court
in late April or early May of this year. If we lose, Warren
- faces imminent electrocution.
My co-counsel and I are now reviewing the case to see if we :
can identify any constitutional issues that may help us save
Warren's life. In that connection, I would be very grateful for
the opportunity to speak with you about the trial. I would be
- | willing to come to Waycross at your convenience if you will agree
to see me. My purpose in seeing you, of course, would not be to
put you under pressure but simply to learn more about what >
happened at the trial. You are an important witness to those
events, and what you tell us could be very valuable.
Thank you for considering this: request. Enclosed is a“
stamped, self- addressed Snvslope to assist you in replying. 10.
this letter.” :
Best ‘regards. Ga J : g
Ba - : a : Se Sincerely
n Char lad Sacer
Exe? ,
> A - 2 = #
3 Contrivations. are deductibic for U.S. income tar purposes
The NAACP Lega! Defense & Educational Func. Inc (LDF; 1s not part of the Natiomal Association. 107 the Agvancement of { Colored Peopie (NAACP: aftnouor
LDF was founded by the NAACP anc shares its commitment fo equai rights LDF has hac for over 25 years 2 separate Boarc. program, stati. office and buage:
- TO: .s Jack Boger : = a = STi
ea NAACP Legal Defense Fund 2 hn = Fh a el
3 - 99 Hudson Street : ES ay 7 SS
: New York, New York 10013 : nh =
FROM: Ophie Evans = : - ed Te
; = I would SR a Et = : =
would not- re el r . a
be willing tc speak with you if you came to Ware Correction -
_ Institution. | : He of 0 . Es,
E : ; TE 0 Ophie Evans
April _ -_ , 1987 :
FULTON COUNTY,
ATLANTA, GEORGIA
N
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t
AFFIDAVIT OF BRYAN A. STEVENSON
I, BRYAN A. STEVENSON, being duly sworn state the following:
l. 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. I 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
Offie 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.
MS
Brfyah A. Stevenson
Subscribed and sworn to before me
this 2% day of July, 1987.
Notary Public
Notary Public, Georgla, State at Large
My Commission Expires Sept. 14, 1087
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 LON
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 sSt., 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.
2 (/ i tN
\ T. DELANE T_T
This Z day of July, 1987.
Sworn to and subscribed before me,
this JV day of July, 1987.
nats J) bbe
Notagy~ zy Public \ Ce )
Rotary Public, Geomia State at Large
My Commission Expires Sept 12 585
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IN THE SUPERIOR COURT OF BUTTS COUNTY MasTER.
STATE OF GEORGIA
WARREN McCLESKEY
Petitioner,
vs. : HABEAS CORPUS
: NO.
RALPH M. KEMP, Superintendent
Georgia Diagnostic and
Classification Center,
Respondent.
MOTION FOR DISCOVERY
Petitioner Warren McCleskey, by his undersigned counsel,
moves this Court, pursuant to 0.C.G.A. §§9-14-48(b) and 9-11-
30(a), for RN Orde Granting him teavs to conduct ‘the discovery
indicated in the annexed notices of deposition. In support of
this motion, petitioner submits the accompanying memorandum of
law.
Dated: June 22, 1987 Respectfully Submitted,
ROBERT H. STROUP
141 Walton Street
Atlanta, Georgia 30303
JULIUS L. CHAMBERS
JAMES M. NABRIT III
JOHN CHARLES BOGER
99 Hudson Street
New York, New York 10013
ATTORNEY FOR THE PETITIONER
By
IN THE SUPERIOR COURT OF BUTTS COUNTY
STATE OF GEORGIA
WARREN McCLESKEY,
Petitioner,
vs. : HABEAS CORPUS
: NO.
RALPH M. KEMP, Superintendent
Georgia Diagnostic and
Classification Center,
Respondent.
NOTICE OF DEPOSITION
TO: RALPH M. KEMP, Superintendent,
Georgia Diagnostic & Classification Center
Jackson, Georgia 30233
PLEASE TAKE NOTICE that, pursuant to 0.C.G.A.§§9-14-48(b) &
9-11-30(a), and the order of the Suprerior Court of Butts County,
entered » 1987, petitioner Warren McCleskey, by his
undersigned counsel, will take the depositions of the individuals
listed in the annexed schedule of depositions, at the times
indicated, before a notary public or other officer duly qualified
to administer oaths, for purposes of discovery or use as evidence
at ‘trial, or both. The depositions will take place at the
offices of Robert H. Stroup, 141 Walton Street, Atlanta, Georgia
30303. The depositions will continue from day to day until
completed.
You are invited to attend and cross-examine.
Dated: June 22, 1987 Respectfully Submitted,
ROBERT H. STROUP
141 Walton Street
Atlanta, Georgia 30303
JULIUS L. CHAMBERS
JAMES M. NABRIT III
JOHN CHARLES BOGER
99 Hudson Street
New York, New York 10013
ATTORNEY FOR THE PETITIONER
By
Schedule A
SCHEDULE OF DEPOSITIONS
Deponents
31. One or more officials of the
Atlanta Bureau of Police Services
with knowledge of, and custody
over, all investigative records
and files related to the homicide
of Officer Frank Schlatt, the armed
robbery of the Dixie Furniture Store
and/or the indictment of Warren
McCleskey for armed robbery and murder
in 1918.
2. One or more officials of the Office
of the District Attorney with
knowledge of, and custody over, all
investigative records and files
related to the homicide of Officer
Frank Schlatt, the armed robbery of
the Dixie Furniture Store and/or the
indictment of Warren McCleskey for
armed robbery and murder in 1978.
3, One or more officials of the Fulton
County Jail with knowledge of, and
custody over, all records or files
maintained by the Fulton County Jail
that refer, relate or pertain to the
incarceration of Warren McCleskey,
Bernard Dupree, and Offie Gene Evans
during 1928.
4. One or more officials of the Fulton
County Jail with direct knowledge of
all arrangements, understandings,
conversations and/or other
transactions respecting the
incarceration of Offie Gene Evans
in the Fulton County Jail from
July 8, - August 14, 1978.
Proposed
Date
July 6, 1987
9:00 A.M.
July 6, 1987
10:00 A.M.
July 6, 1987
11:00 "A.M,
July 6, 1987
12:00 P.M.
Proposed
Documents
To Be Produced
See Schedule B
See Schedule C
See Schedule D
See Schedule D
10.
ll.
W. Roy Mays, III
Assistant City Attorney
1110 Omni South
Atlanta, Georgia 30303
Detective Welcome Harris, Jr.
Atlanta Bureau of Police Services
175 Decatur Street, S.E.
Atlanta, Georgia 30335
Detective W. K. Jowers,
Atlanta Bureau of Police Services
175 Decatur Street, S.E.
Atlanta, Georgia 30335
Detective Sidney Dorsey,
Atlanta Bureau of Police Services
175 Decatur Street, S.E.
Atlanta, Georgia 30335
Grady Eskew
Fulton County Courthouse
136 Pryor Street =
Atlanta, Georgia 30303
Russell Parker, Esq.
Fulton County Courthouse
136 Pryor Street
Atlanta, Georgia
Offie Gene Evans
897 Sells Avenue, Apt. 62
Atlanta, Georgia 30310
July 6, 1987
2:00 P.M.
July 6, 1987
4:00 A.M.
July 7, 1987
9:00 A.M.
July 7, 31987
11:30 A.M.
July 7, 1987
2:00 P.M.
See Schedules
B,C.D
See Schedule B,C
See Schedule B,C
See Schedule B,C
See Schedule
B,C.D
See Schedule
B,C,D
See Schedule
B,C.D
Schedule B
Schedule of Documents To Be Produced
"Documents" shall mean all notes, calendars, diaries,
logs, memoranda, letters, witness statements,
transcripts, papers, files, records, reports or any
other documents of any kind whatsoever, whether
official or unofficial, or any copies thereof.
* * ® *
The deponent shall produce the following:
l. All documents which refer, reflect or relate to:
a. any meeting, conversation or telephone call
between Offie Gene Evans or his attorneys, and any
official, employee, representative or agent of
the State of Georgia, or any political
subdivisions thereof, in 1978;
bh. (i) the murder of Officer Frank Schlatt: (ii) the
investigation of Warren McCleskey's role in the
Dixie Furniture Company and/or the murder of
Officer Schlatt; (iii) any witnesses to any oral
or written statements made by Warren McCleskey.
2 All tape, wire, or other mechanical recordings of any
post-arrest statements by or involving Warren McCleskey, or any
transcriptions thereof, or any evidence of any conversation
between Warren McCleskey and Offie Evans or any officer,
employee, representative or agent of the State of Georgia, or any
political subdivision thereof.
3. All documents which refer, reflect or relate to any
promise, offer, acceptance, agreement, or any understanding,
whether formal or informal, bilateral or unilateral, executory or
executed, between Offie Gene Evans and any officer, employee,
representative or agent of the State of Georgia or any political
subdivision thereof.
Schedule C
Schedule of Documents To Be Produced
"Documents" shall mean all notes, calendars, diaries,
logs, memoranda, letters, witness statements,
transcripts, papers, files, records, reports or any
other documents of any kind whatsoever, whether
official or unofficial, or any copies thereof.
* * * * *
The deponent shall produce the following:
3. All documents which refer, reflect or relate to:
a. any meeting, conversation or telephone call
between Offie Gene Evans or his attorneys, and any
official, employee, representative or agent of
the Strate of Georgia, or any political
subdivisions thereof, in 1978;
D. (i) the murder of Officer Frank Schlatt; (ii) the
investigation of Warren McCleskey's role in the
Dixie Furniture Company and/or the murder of
Officer Schlatt; (iii) any witnesses to any oral
or written statements made by Warren McCleskey.
2. All tape, wire, or other mechanical recordings of any
post-arrest statements by or involving Warren McCleskey, or any
transcriptions thereof, or any evidence of any conversation
between Warren McCleskey and Offie Evans or any officer,
employee, representative or agent of the State of Georgia, or any
political subdivision thereof.
3. All documents which refer, reflect or relate to any
promise, offer, acceptance, agreement, or any understanding,
whether formal or informal, bilateral or unilateral, executory or
executed, between Offie Gene Evans and any officer, emplovee,
representative or agent of the State of Georgia or any political
subdivision thereof.
4. All documents in the District Attorney's files which
refer, relate or pertain to any effort to obtain, procure, direct
or support the services of any informant or private agent in the
investigation of Warren McCleskey's role in the armed robbery of
the Dixie Furniture Store or the murder of Officer Schlatt.
Schedule D
Schedule of Documents To Be Produced
"Documents" shall mean all notes, calendars, diaries,
logs, memoranda, letters, witness statements,
transcripts, papers, files, records, reports or any
other documents of any kind whatsoever, whether
official or unofficial, or any copies thereof.
* * * * *
The deponent shall produce all documents which refer, relate or
pertain to the following:
i: All meetings or conversations between Offie Gene Evans,
a prisoner held in the Pulton County Jail from July 7, 1978-
August 14, 1978, and any official, employee, representative or
agent of the Pulton County District Attorney's Office, the
Atlanta Bureau of Police Services, the Fulton County Sheriff or
the Fulton County Jail.
De All telephone calls made by or on behalf of Offie Gene
Evans from the Fulton County Jail between July 7, 1978 and August
14, 1978.
3. All wire, tape recorder, electronic intercept, or other .
remote listening devices of any sort that were installed or
placed on, in or around Offie Evans, or on, in or around the cell
either of Offie Evans or of Warren McCleskey or of Bernard Dupree
at any time between May 31, 1978 and August 14, 1978, or any
transcription thereof.
CERTIFICATE OF SERVICE
I hereby certify that I am one of the counsel for petitioner
Warren McCleskey in this action, and that I served the annexed
document on respondent, by placing copies in the United States
mail, first class mail, postage prepaid, addressed to his
attorneys, as follows:
Mary Beth Westmoreland, Esq.
Assistant Attorney General
132 State Judical Building
40 Capitol Square S.W.
Atlanta, Georgia 30334
Done this day of June, 1987.
ROBERT H. STROUP
Attorney for Petitioner McCleskey
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STATEMENT OF OFFIE GENE EVANS RACE “p SEX M DOB 8-15-35
HOME ADDRESS 2905 SPRINGDALE RD. APTS CITY/STATE ATLANTA, GA
BUSINESS ADDRESS UNEMFLOYED PHONES = N/A 768-0723
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"I AM IN THE FULTON COUNTY JAIL CELL # 1 NORTH 14 WHERE I HAVE BEEN SINCE JULY 3} 3.1978
FOR ESCAPE. WARREN MCCLESKY WAS IN CELL # 15, WHICH IS RIGHT NEXT ¥0 MY CELL. BERNAR
DUPKEE WAS IN CELL 2 NORTH 15 WHICH IS RIGHT ABOVE MY CELL AND MCCLESKY'S. RIGHT BEE
EACH ONE OF THE CELLS ARE TWO VENT HOLES. YOU CAN TALK THROUGH THESE VENT HOLES.
ON JULY 8, 1978 DUPREE CALLED. MCCLESKY AND HE WAS GETTING ON MCCLESKY ABOUT PUTTING
Re , : BE ei
(arg) nae IN THE CONFESSION. BUPREE TOLD MCCLESKY "WEY DID YOU PUT MY NAME IN THAT
WHEN YOU KNOW THAT THE PEOPLE CAN'T IDENTIFY ET DUPREE TOLD MCCLESKY
CONFESSION,
NSUPPOSE THAT I GO AHEAD ON AND TELL THAT YOU WERE THE TRIGGER MAN." MCCLESKY TOLD
DUPREE THAT HE DID NOT HAVE ANY OTHER CHOICE BECAUSE THEY EAD MADE HIM CONFESS TO THAT
DUPREE TOLD MCCLESKY "IF YOU WAS GOING TO CONFESS THEN WHY DID YOU TELL THE TRUTH ABOU
17, YOU TOLD TOO MUCH OF THE TRUTH ABOUT IT." MCCLESKY TOLD DUPREE THAT "SOME OF THE
PEOPLE AT THE FURNITURE STORE PROBABLY TOLD IT AND THEY JUST MADE ME REPEAT WHAT SOME
OF THE PEOPLE HAD TOLD." DUPREE TOLD MCCLESKY THAT "YOU ARE A CRAZY SON OF A BITCH."
DUPREE TOLD MCCLESKY "EVERYTHING YOU TOLD THEM WAS THE TRUTH MAN, ITS' CLOSE TO
EXACTLY WHAT HAPPENED, IT IS GOING TO BE HARD TO GET THAT CONFESSION OFF, YOU MADE IT
SO PLAIN, SO CLOSE TO EXACTLY WHAT HAPPENED." "YOU KNOW THAT THLE WOMAN AND AT Ti THE
FURNITURE STORE COULDN'T IDENTIFY YOU AT THE PRELIMINARY HEARING." MCCLESKY SAID
"THATS' THE REASON THAT I AM THINKING THAT I AM GOING TO GET MY LAWYER TO CHANGE MY
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND I7. 1S TRUE TO THE BEST oF
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY .ME..
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RITHESS wT ee SI VICTIM SCELATT, FRANK R, (OFF.)
MITES AD ll COMPLAINT # 463548 VL
FN-378 : |
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ATLANTA BUREAU OK OLICE SERVICES DATE § 7a TIME
STATEHENT OF OFFIE Grwp evans © RACE SEX DOB
HOME ADDRESS AT CITY/STATE
BUSINESS ADDRESS PHONES | | Ee
; / nist
DETAILS:
|
CONFESSION. DUPREE TOLD MCCLESKY TEAT WAS GOINGTO BE REAL HARD TO DO. MCCLESKY
SAID "THE FIRST STATEMENT I MADE IN COBB COUNTY WHEN THEY PICKYD MF UP, 1 TOLD THE
——
—
MAN UP THERE THAT I DID NOT KNOW NOTHING ABOUT IT PERIOD." "LATER ON THREE MEN
FROM ATLANTA HOMICIDE CAME UP WHERE AND GOT ME." MCCLESKY TOLD DUPREE "ON THE
WAY BACK DOWN HERE, HOMICIDE MEN SAID THAT "YOU ARE GOIN G TO TELL US THE TRUTH WHEN
WE GET BACK TO ATLANTA, CAUSE WE BUST HEADS DOWN THERE. MCCLESKY SAID THAT THE
POLICE OFFICER THAT THE OFFICER SAID THAT HE FELT LIKE STOPPING THE CAR AND BUSTING
HIS HEAD THEN. MCCLESKY TOLD DUPREL THAT HE WAS SCARED. 'DUPREE TOLD MCCLESKY,
——
"YOU SCARED, DON'T YOU KNOW THAT FOR MURDERING A POLICE, YOU GET THE ELECTRIC CHAIR."
MCCLESKY TOLD DUPREE" IF THEY CAN TRY MF OX THE ONE I MADE IN ATLANTA, THEY CAN TRY
ME ONTHE ONE I MADE IN MARIETTA, TOO." MCCLESKY SAID "BE THOUGHT THAT HE COULD GET
THE ONE IX ATLANTA, PULLED BECAUSE HE SIGNED mo, ONE IN ATLANTA AND ONE IN MARIETTA.
AND THAT HIS LAWYER THOUGHT THERE HAD TO BE SOME PRESSURE PUT ON HIM IN ORDER FOR
HIM TO SIGN TWO STATEMENTS, THE FIRST ONE SAYING THAT HE DID NOT KNOW ANYTHING ABOUT
IT, AND THE OTHER SAYING THAT HE WAS THERE. THEN THE. DEPUTY WAS FIXING TO COME _AROUN
AND COUNT, SO THEY STOPPED TAIKING. MCCLISKY COULD HEAR THE DEPUTY PUT THE KEYS IN THE
—
DOOR, SO HE JUMPED DOWN OFF THE SINK THAT HEE STANDS ON TO TALK THROUGH THE VENT. THE
COUNT AND THEN WENT ON BACK OUT. ABOUT 10 MINUTE tm
DEPUTY WENT ON THROUGE MADE TH
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT - ue 2 STA D IT IS TRUE 70 - £ MY BELIEF AND KNOWLEDSE AND RAS BEEN GIVEN FREELY AKD VOLUNTARILY ny td
25 ;
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WITRESS ge Celio CCMPLAINT § . apa5a8
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ATLANTA BUREAU oN POLICE SERVICES DATE ( =78 TIHE eels
STATEMENT OF ~ OFFIE GENE EVANS —. RACE SEX DOB
HOME ADDRESS APT CITY/STATE
BUSIRESS ADDRESS PHONES 2
DETAILS: din
LATER DUPREE CALLED MCCLESKY BACK AGAIN. DUPREE TOLD MCCLESKY THAT ‘SI STARTED
WANTS TO GET BEN MESSED UP BECAUSE 4G AND SOME DUDE
ALL THAT SHIT UP BECAUSE ihm
ROBBED A PLACE IN BENS' CAR AND THE TAG NUMBER OFF THE oan WAS GOT OFF." MCCLESKY
TOLD DUPREE "1 DON T THANK THATS' WHAT IT WAS ABOUT THAT. "THAT THUNDERBIRD BEEN
IN A WHOLE LOTS OF ROBBERIES! AFTER THEN DUPREE TOLD MCCLESKY "{Jlii#f* PULLED MORE
SHIT THAN BEN DO CAUSE SHE ALWAYS, YoU KNOW SHE PUTS ON MENS' CLOTHES ON AND YOU CAN'T
TELL HER FROM A MAN AND SHE ALWAYS SITTING AROUND BRAGGING ABOUT IT." THEY GOT
QUIET THEN.
THE NEXT DAY, JULY 9, 1978 FTER BREAKFAST)1 TOLD WARREN MCCLESK ni cov A NEPHEW
MAN, HE IN A WORLD OF TROUBLE." MCCLESLY SAID "YEAH, WHAT THEY GOT HIM FOR?Y 1
SAID THEY GOT HIM ACCUSED OF MURDER AND RE BUT 1 SAID 1 DON'T THINK THEY GOT
HIM YET. MCCLESKY SAID " I MIGHT KNOW HIM, IS HE HE BEENI THE PENITENTARY BEFORE?"
I SAID "YEAH, HE DID A PRETTY GOOD WHILE IR REIDSVILLE." MCCLESKY ASKED ME "WHAT IS-
. BIS NAME." I TOLD RIM "BEN WRIGHT". MCCLESKY SAID "YOU BEENS' UNCLE." 1'85ALD
myEAR." HE SAID "WHETS' YOUR NAME?" I TOLD HIM THAT MY saibuas CHARLES. MCCLESKY
SAID "THEY GOT ME AND BEN ON THE SAME CASE." I SAID "OE, BEN WAS TERT ME ARQUT
q——
YAWL THE LAST TIME THAT I SEEN EIM." HE SAID "WHEN YOU SEER BEIM,” 1 TOLDMCCLESKY TH
I HAD oe ABOUT A COUPLE OF WEEKS AGO AGO. I TOLL HIM “BEN WAS TELLING ME ABOUT YA
HAYE READ/HAVE HAD READ TU ME/THE 480 TRUE HATE RE _READ TO VE STATEMENT AND PY BELIEF AND KHOMLECEE BAL KAS BEEN GIVEN FREELY AND VOLUNTARILY Tg en
Ved AS PER
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ATLANTA BUREAU Ol ‘OLICE ‘SERVICES pte \ 7s Toe ;
STATEAENT OF ~ “OFFIF GENE EVANS =. ~~ RACE" SEX OB
HOME ADDRESS MT CITHSTA
BUSINESS ADDRESS PHONES
WE een | &7 Si 4
TRYING TO PUT HIM IN THE SETT. HE SAID "WHAT YOU MEAN BY THAT?"’'I SAID "BEN SAID
W THAT ALL OF YAWL ARE TRYING TO PUT THE WEIGHT ON HIM, TRYING TO MAKE LIKE HE SHOT
ee ————
ad
ee ——————
E MAN IN THE ROBBERY WHEN HE DID NOT DO IT MoCLES SAID "IT MIGHT BE ONE OF
HE Tb THiS rea I of £
(ANERE Dis THOSE OTHER DUES, CAUSE I AIN'T TRYING TO PUT BEN IN NOTEING." I SAID "MAN I KNOW.
recerge Coil. b .
79 YOU LYING BECAUSE I USED TO STICK UP WITH BER TOO, AND BEN AIN'T FAST ABOUT SHOOTING
INF .. —— cif ud dM =
* NOBODY." I TOLD THEM THAT "BEN TOLD ME THAT YOU SHOT THE MAN YOURSELF." ~MCCLESKY
rr ——————
SAID "CAN'T NOBODY PROVE THAT I SHOT THE MAN, CAUSE THE LADY CAN'T IDENTIFY ME NO WAY
li I TOLD MCCLESKY "I WAS. SUPPOSE TO BEEN IN ON THE ROBBERY MYSELF, BUT IF YOU WASN'T SO
GREEDY, ALL OF THAT WOULD NOT HAVE HAPPENED, HHAT I COULD PLAN THINGS OUT BETTER THAN
< ESKY CAME ON nN TOLD M ; ! "JUST '
ms MEdisks (2) veers C ME ABOUT IT. I SAID MAN JUST WHATS' HAPPENED OVER
THERE." MCCILISKY COME TO TELL ME 4 WENT OVE THE PLACE ABOUT A WEEK BEFORE THI
—— .
\
ROBBERY, MESSING AROUND. fl cuiEcrED THE PLACE OUT TO BEE WHERE THE MONEY DRAWER WAI
AND All LIKE THAT, By LAID IT OUT TO THEM ABOUT HOW MUCH > VE TO WATCE IX THE
3b STORE WHEN YOU GO IN. MCCLESKY SAID THAT HE DOUBLE CHECKED THE FL CE THE SAME DAY TH
HE DO TH
THEY ROBBED THE PLACE. MCCLESKY SAID THAT 8 nAD A MAKE-UP KIT AND MADE HIS FACE
a eocr——ee
—
THE DAY HE ROBBED THE PLACE. HE SAID SHE PUT SOME PIMPLES LIKE ON HIS FACE AND SHE
PUT A SCAR SOMEWHERE ON HIS FACE, BUT HE DID NOT SAY WHERE BOUTS. MCCLESKY SAID THATS
HE WENT TO THE STORE AND TALKED TO A Lay ABOUT BUYING SOME MERCHANDISE AND LOOKED AT
I HAVE READ/HAVE HAD READ TO ME/THE a30vE war | is BOVE STATEMENT ARD IT IS TRUE TD -THE BE Y BI . MY BILIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREZLY AMD VOLUNTARILY BY HE. iy
eo) el
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RITHISS Al ei ran - Pr CCHPLAINT § 463548 VL
ATLANTA BUREAU OF _OLICE SERVICES DALE & 7/8 land
STATEMENT OF _OFFTE GENE FUANS ~ RACE SEX BOB
Ho ed Ea
ME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES =
. [¥
DETAILS:
THE MERCHANDISE AND EVERYTHING, AND LEFT AND WENT BACK TO BENS' HOUSE, BUT BEN WASN'T
AT AoNE BECAUSE THE POLICE WAS ALREADY LOOKING FOR BEN, SO BEN WASN'T STAYING AT HOME.
MCGLESKY SALD " HE WENT AND PICKED UP DUPREE AND THIS OTHER GUY AND COME BACK TO BENS
HOUSE." WHEN THEY COME BACK TO BENS' HOUSE THATS' WHEN THEY GOT SHOTGUN, A PISTOL AND
A LEATHER JACKET- A SHORT LEATHER JACKET. HE SAID THAT THE LEATHER JACKET BELONGED
TO ANOTHER DUDE AND THE GUY LET BEN USE THE JACKET. MCCLESKY SAID “THATS' WHEN THEY
ALL CLE UP AND WENT TO GOTO THE PLACE. HE SAID HE STOPPED SOMEWHERE AND BOUGHT
TWO PAIR OF STOCRENCS. - SHE WAS DRIVING HER CAR DURING THAT TIME. WHEN THEY GOT
TO THE PLACE MCCLESKY WENT BACK TO ‘TALK TO THE LADY ABOUT THE STUFF THAT HE WAS SUPPOS
TO BUY. MCCLESKY. SAID "ER SHE STOOD RIGHT BY THE SHOWCASE WHERE YOU GOT INTO THE
FURNITURE STORE, OUTSIDE THE DOOR, ONTHE STREET SIDE LIVE, FOR HER TO NOTIFY HIM Ir
IT LOOKED LIKE THERE WAS ANY BEAT COMING ON , OR SOMETHING LIKE THAT." AND HE TOLD
HER IF "YOU SEE ANYTEING THAT LOOKS SUSPICIOUS, Yor STEP Brows INSIDE THE DOOR, DON" T
I
;
SAY ANYTHING, JUST WALK RIGHT ON OUT." MCCLISEY SAID THAT HE WENT RIGHT IN FRONT AND |
THROWED DOWN ON TEE LADY AND SAID BEN AND TWO 8 THREE OTHER DUDES COME INTHE BACK.
MCCLESKY SAID THAT HE WAS TRY ING TO WATCE waar AND THE LADY TOO AND THE LADY THAT HE !
AND THAT 4 LITTLE WHILE AFTER HE WAS IX THE STORE THAT HE i
Es Fk
mEmeY STEP INSIDE THE DOOR AND WALK RIGHT BACK OUT. MCCLESKY SAID THAT ABOUT THAT gy: 4
§
i
HAD THROWED DOWN ON.
1 HAVE READ/HAVE HAD READ TO ME/THE =
MY BELIEF AND KNCSLEDSE AND HAS BEEX GIVEN akg: 0 101115 Ta 0 me & AE :
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WITHE S = / 7 on Ti Te eR TI el COMDIAINT 6 se2ssn vw
ATLANTA BUREAU OF( LICE SERVICES Alt ALA)
STATEHENT OF OFFIE GENE EVANS SSC URACET TU STXT DoS |
HOME ADDRESS Ex ADY "CITY/STATE
BUSINESS ADDRESS PHONES
SISTRESS 7 TORE
DETAILS:
THE POLICE WALKED IN THE STORE. BUT THE POLICE DIDN'T ACT LIKE HE WAS COMING IN FOR
NO ROBBERY. BUT HE SAID THAT HE DID SEF THE POLICE PUT THE HAND ONHIS GUN. AND HE
—
SAID THAT HE KNOWED RIGHT THEN THAT IT WAS GOING TO HAVE TO BE HIM OR MCCLESKY ONE.
CAUSE THE POLICE WAS HEADED TOWARD WHERE BEN WAS BACK THERE. AND MCCLESKY SAID THAT
a —_——S
HE PANICKED, HE JUST SHOT, MCCLESKY DID NOT SAY HOW MANY TIMES HE SHOT OR NOTHING.
ea
MCCLESKY SAID WHEN THEY GOT Io CAR, WE WAS UNDER THE WHEEL AND DUPREEE PUSHED
HER OVER. “THEY WAY HE TALKED SOMEBODY WAS LATE GETTING TO THE CAR, I DON'T KNOW WHICH
ONE IT WAS. MCCLESKY SAID "DUPREE re 3, IT WAS A GOOD THING THAT DUPREE TOOK THE
WHEEL CAUSE THAT BITCH WOULD HAVE RUN OFF AND LEFT SOMEBODY." AND THEN I TOLDMCCLESKY
"DID YOU , IS THIS THE WAY YOU TOLD THIS CONFESSION?" MCCLESKY SAID "SOME OF IT IN
__ THERE I TOLD, AND SOME OF IT I DIDN'T." ABOLT 2-3 MINUTES LATER DUPREE CALLEC | Me
CLESKY UP TO THE VENT. DUPREE SAID "WHATS' GOING ON." MCCLESKY SAID "AWL, WE AIN'T
———————ee II
DOING NOTEING BUT JUST TALKING." DUPREE TOLD MCCLESHY TOLD "I'M GOING BACK TO SLEEP,
YOU KNOW I STAY UP ALL RIGHT." DUPREE TOLD ME, WELL EE DONE GONE BACK TO SLEEP. AND
THEN ME ANDMCCLESKY STARTED TALKING .BACK AGAIN. & THEN I ASKED MCCLESKY AWHAT KIND O
EVIDENCE DID THEY HAVE ON HIM. MCCLESKY SAID "THEY AIN'T GOT NO EVIDENCE, NO MORE THA
WHAT I TOLD THEM DOWN THEEE, AND I AIN'T GONE TO PLEAD GUILTY TO THAT." MCCLESKY TOLD
vz "GR DEE COULDN'T HAVE TOLD THEM TOO MUCH, CAUSE IF SHE DID, SHE WOULD HAL BEEY
I HAVE READ/HAYE MAD READ TO ME/THE ABOVE STATEMENT AND IT :
SUIEF Ferre ML/THE ABOVE STATEIENT ARD 17 IS T £ST OF
PY BELIEF AND KNOWLEDGE AND HAS BEER GIVEN FREZLY AND VolbirsmiLy or Ke. HN
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ATLANTA BUREAU OF( JLICE SERVICES DATE __\ .=78 T1ME
STATEMENT OF ___ OFFIE GENE ) EVANS RACE SEX DOB
HOME ADDRESS__ : APT CITY/STATE
BUSINESS ADDRESS PHONES
“—BOSTRESS / ROE
DETAILS:
IN JAIL HERSELF. MCCLESKY SAID "AIN'T NOBODY COULD HAVE PUT THE HEAT ON THEM BUT
==. SHE WAS THE ONLY ONE WHO COULD HAVE TOLD THEM THE NAMES OUT AND TELL THEM ABOUT
THE GUNS THAT THEY HAD PICKED UP AT HER HOUSE, CAUSE SHE WAS TRYING TO CLEAR HERSELF
FOR SOME REASON. THE MAN CAME AROUND TO MAKE A COUNT UP AGAIN. WE STOPPED TALKING.
I WENT ON TO SLEEP. --
THE NEXT DAY » JULY 10, day). AROUND 9: 00 A.M AM. WE SPARTED TAIRING AGAIN. MCCLESKY
SAID THAT THE MAN WHO OWNED THE JACKET SHOULD HAVE BEEN IN JAIL, HE DIDN'T KNOW WHY
THEY PICKED EIM UP AND QUESTIONED HIM AND TURNED HIM ALOOSE. THEN I TOLD MCCLESKY
"THAT MAN MUST HAVE KNOWN SOMETHING, TOO." MCCLESKY SAID "THE MAN WHO OWNED THE vx!
JACKET COULDN'T HAVE KNOWN NOTHING ABOUT IT UNLESS jy TOLD RIM." re sar) mms
: — |
MCCLESKY SAID " I KNOW THEY |
AIN'T GOT NO GINS OR NOTHING MAN?" MCCLESKY SAID "NO."
NEVER WILL FINL THE GUNS THAT I HAD, BECAUSE WHEN HE WAS ON HIS WAY BACK TO
MARIETTA, FROM DUPREES' OLD LADY HOUSE, HE THROWED THE PISTOL: OVER THE BRIDGE OVER
a ATET—
THE CHATTAHOOCHE." MCCLESKY SAID THAT HE DIDN'T SEE BEN NO MORE AFTER
Y 23, 1578 MCCLESKY SAID THAT BEX COME TO MARIETTA AND CALLED HIM FROM A SERVICE
STATION .AND PICKED BEN UP. MCCLESKY SAID THAT BEN
THEN UNTIL
STATION AND EE WENT TO THE SERVICE
TOLD EIM THAT HE THOUGHT THERE WAS GOING TO BE SOME SHIT ABOUT THAT LATER ON, BECAUSE
wr THOUGHT THAT THEY HAD BURNT SOME OFF THE MONEY OFF SOMEWHERE AND THAT HE AND SEER
I KAYE READ/HAVE HAD READ TG ME/THE ABOVE STATEMENT AND IT IS TRUE TO THE BEST OF
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY re
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STRAT URE /
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WITNESS
yo 7 VICTIM SCELATT, FRANK R, (OFF.
COMPLAINT # LE3548 vy
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ATLANTA BUREAU OF \.
OLICE SERVICES DATE __8-:-78 TINE
STATEMENT OF = OFFIE GENE EVAye 2 RACE eS "DOB :
HOME ADDRESS APT | CITY/STATE E
BUSINESS ADDRESS ; PHONES
~ BUSINESS / nom
DETAILS:
HAD BEEN HAVING AN ARGUMENT ABOUT THAT. MCCLESKY SAID THAT HE TOOK BEN TO A FRIENDS'
OF HIS HOUSE, BUT BEN DECIDED TO GO TO A MOTEL AND STAY THAT NIGHT. MCCLESKY SAID
THAT HE WENT TO THE MOTEL THE NEXT MORNING AND PICKED BEN UP, AND BROUGHT BEN OVER TO
BIS HOUSE. AND HIM AND BEN PAINTED THE KITCHEN AND DUG THE YARD UP AND HIS BROTHER-IN
LAW WENT AND BOUGET SOME BEER, AND THEY SAT DOWN AND DRUNK THAT. MCCLESKY SAID THAT
HE HADN'T SEEN BEN SINCE THEN, NO MORE THAN TALK TO HIM ON THE TELEPHONE. DUPREE CALLED
MCCLESKY. HIM AND DUPREE WAS TALKING. THEY WASK' T TALKING ABOUT THIS ROBBERY. DUPR
WAS SAYING THAT HE NEVER COULD UNDERSTAND WHY HIS OLD LADY DIDN'T NEVER COME UP THERE
AND SEE KIM. DUPREE TOLD MCCLESKY THAT SHE MIGHT BE SCARED CAUSE WE COULD HAVE TOLD
THE POLICE ABOUT THE MONEY BEING SPLIT UP AT HER HOUSE. ME AND MCCLESKY DIDN'T TALK
NO MORE FOR A COUPLE OF DAYS. BUT DURING TEIS COUPLE OF DAYS DUPREE AND MCCLESKY T
TO EACH OTHER.
v
DURING THIS COUPLE OF DAYS THAT ME AND MCCLESKY DIDN'T TALK, MCCLESKY AND DUPREE WAS
_TALKING ABOUT THE LAWYER. DUPREE ASKED MCCLESKY "HOW DID HE THANK THAT THE LAWYER
FELT ABOUT HIS CONFESSION?" MCCLESKY SAID THAT "THE LAWYER WAS FILING SOME MOTIONS
TO TRY AND GET THAT CONFESSION PULLED." DUPREE TOLD MCCLESKY THAT HE HAD TOLD HIM THAT
WAS GOING TO BE HARD TO DO. ‘MCCLESKY SAID " I TOLD MY LAWYER THAT I WOULD GIVE HIM
I WAVE READ/HAYE HAD READ TO ME/THE ABOVE . TO “THE BEST v EAD TO ABOVE STATEMENT AND IT I 2 Wi AD RE A ST
BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY 2 0
ee
: id == GE Adin
Li SIGNATURE ~/
WITNESS a, : = Jil
ile ere = TF te
WITHEe: > A Ji et 7 /
- pes SE aa : VICTIM SCHLATT, FRANK R. (OFF.)
-
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pars: on 0 Lf Ae
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COMPLAINT ¢ Be 463548 LW
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if 3 5 5 = ? 2 7 2 = a |
Ben TR
SR I a eS A a STR = a Pas Ee RE LN of j
ATLANTA BUREAU OF( OLICE Services ~~ pate {078 rime Z
STATEMENT OF OFFIE GENE EVANS : RACE =~. stY=— DON
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
DETAILS:
$2,000.00 IF HE COULD GET THAT CONFESSION PULLED SUT, MCCLESKY SAID THAT THEY WOULDN'T
KNOW NOTHING UNTIL AFTER THEY GO TO THE ARRAIGNMENT. MCCLESKY SAID THAT THE WAY THLE
LAWYER TALKED, THEY HAD A GOOD CHANCE OF BULLING THAT CONFESSION OUT, BECAUSE HE MADE
TWO. THEN DUPREE ASKED MCCLESKY "WHAT DID HE THANK ABOUT THAT CONFESSION THAT THE
OTHER GUY MADE?" MCCLESKY SAID "IT WOULD HAVE TO GO FOR THE SAME THING, BECAUSE
= THE OTHER GUY WAS YORCED INTO TELLING THE CONFESSION TOO. Jf MCCLESKY SAID THAT THE
OTHER GUYS' CONFESSION RESEMBLED THE SAME THANG. DUPREE SAID "3r TEx TWO CONFESSIONS
RESEMBLE THE SAME THANG AND YOULL WASN'T IN THE SAME ROOM GIVING THEM OUT, THEN IT
IS GOING TO BE HARD GETTING THEM PULLED, CAUSE YEWL TOLD TOO MUCH OF THE SAME THING.."
MCCLESKY SAID THAT IT WOULD JUST HAVE TO BE A CHANCE HE WOULD HAVE TO TAKE.DUPREE ASKEI
MCCLESKY "IS YOUR PARTNER STILL DOWN THERE?" MCCLESKY SAID "YEAH, SAY HE'S BENS' UNCLE
ig ovred| XC
alan DUPREE SAID "I DIDN'T NO NOTHING ABOU BEN HAD NO UNCLE MAN, YOU DON'T KNOW WHO THE HELI
"
Uae Wen ll you TALKING TO, YOU COULD BE TALKING TO THE MAN." MCCLESKY TOLD DUPREL "NAW MAN, HE
i 7
AIN'T Ko MAN, CAUSE HE KNOW A LOT OF PEOPLE THAT IKNOW AND I'M JUST ABOUT SURE THAT 1
\ aa
K NOW HIM." THEN I STARTED TALKING TO DUPREE ABOUT ELE LI _HAD JUST ABOUT MADE
SE
bud Coons’ DUPREE FROM TELLING EIM ABOUT REIDSVILLE. I TALKED ABOUT A LOT OF
lg hin THINGS THAT HAPPENED DOWN THERE, A LOT OF THINGS DUPREE DID WHILE HE WAS IN REIDSVILLE
AND WHO HE WAS RUNNING WITH, AND ABOUT "A SAWED OFF SHOTGUN TEAT HE AND A GUY NAMED
1 HAVE READ/HAYE HAD READ TO ME/THE ABOVE STATEMENT Y MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY Lam 7 1s hE To gi J
oF 2 Eur) 3
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: : : =
ATLANTA BUREAU ob POLICE SERVICES DATE = TIME .
STATEMENT OF ___OrFIF GENE EVANS ; RACE iid SEX _DOB :
HOME ADDRESS APT CITY/STATE
BUSIKESS ADDRESS PHONES
DETAILS:
WAS THE ONE WHO
HAD GOT CAUG HT WITH BACK IN 1973 , BUT SEL SEE
HAD_TOLD ME ABOUT THAT HISSELF. THATS' HOW I KNOWED ABOUT THAT CAUSE I HAD SEER Joi
BACK IN 1976, DOWNTOWN, ONE DAY AND Quid WAS TELLING ME ABOUT HE AND DUPREE GOT
BUSTED TOGETHER. DUPREE GOT ALLRIGHT THEN, KIND OF TALKED A LITTLE BETTER. ALLRIGHT
THEN MCCLESKY STARTED TALKING ABOUT A JOB. MCCLESKY SAID "YOU KNOW WHAT, THEY MIGHT
END UP WITH ANOTHERROBBERY ON ME?" I ASKED MCCLESKY WHY. MCCLESKY SAID "WE TOOK OFF
A PLACE ON MCDANIEL ST., A LIQUOR STORE AND HE SAID THAT HE BELIEVED THAT SOMEBODY WAS
GOING TO TELL THAT, CAUSE HE KNEW ONE OR TWO GUYS WHO KNEW. I SAID MAN, COULD YOU
IDENTIFY YOU FROM THE LIQUOR STORE. MCCLESKY SAID THAT HE DID NOT KNOW. BUT MCCLESKY
SAID THAT HE WAS SCARED THAT IT EIGHT COME AT ANY TIME. MCCLESKY GOT BACK ON .
S' HOUSE ONE DAY SMOKING REEFERS
er MCCLESKY SAID THAT THEY WAS ALL SITTING OVER TO BEN
AND DRINKING BEER AND Wl TOOK THE CAR AND WAS SUPPOSED TO BEEN GOING TO TEE STORE.
SAID SHE STAYED GONE SO LONG THEY STARTED WORRYING ABOUT HER. AND SAID THEY DIDN'T:
KNOW WHERE SHE WAS AT, BUT LATER OX SHE COME BACK HOME AND TOLD THEM THAT THE POLICE
HAD STOPPED THE CAR AND BROUGHT HER TO JAIL AND TOLD THEM THAT THE POLICE SAID THE
CAR HAD BEEN IN A ROBBERY. MECLESKY SAID THAT THEY DAMN NEAR HAD HER BUT BETWEEN
I HAVE READ/HAVE HAD READ TO Mi/T : ot
Jr anAD lin E i /THE ABOVE STATEMENT AND IT IS TRUE
Y » > ¢ v ~e
- [] .
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY 2X D Bis Ll Se BE
7) : 2, ; or i |
SIGNATURE , /
WITNESS ah
| ore £777 2 me
MITuges iy 7
- ee eee VICTIM SCHLATT, FRANK R. (OFF.)
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ES COMPLAINT § LE25LE TL
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ATLANTA BUREAU Of '‘OLICE SERVICES DATE ( 1-78 TIME /
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS | CAPT CITY/STATE :
BUSINESS ADDRESS PHONES
~ BISTRESS 7 HWE =
DETAILS:
HER COMING IN LOOKING LIKE A WOMAN, PULLING THE WIG OFF LOOKING LIKE A MAX, SHE BLIPPED
THROUGETHOSE SUCKERS' HANDS. AND SAID THAT BEN ASKED HER WHAT DID SHE TELL. MCCLESKY
SAID THAT £588 DIDN'T TELL THEM NOTHING, BUT SHE DIDN'T. KNOW NOTHING ABOUT IT. MCCLESK
SAID THAT HIM AND DUPREE TRIED TO FIGURE OUT WHAT ROBBERY IT COULD HAVE BEEN WHERE THEY
GOT THE TAG NUMBER OFF THE CAR. 'MCCLESKY SAID THAT THE ONLY THING HE COULD THINK OF
WAS WHERE . ; AND : *-~ THEM HAD PROBABLY TOOK THAT CAR AND DID SOMETHING IN 17. :
WARREN SAID BUT " I DON™T KNOW, THAT JOB THAT I WAS TELING YOU ABOUT THE LIQUOR STORE ©
PETERS ST., SAID THAT THEY MIGHT HAVE GOT IT FROM THERE. ; DUPREE CALLED MCCLESKY
AND HIM AND MCCLESKY WAS TALKING ABOUT " . HAD TWO DIFFERENT KINDS OF MONEY ORDERS
AND SAY THAT THE ONE THAT THEY HAD GOT FROM OUT TO BOLTON RD. WERE TWO DIFFERENT KINDS
OF MONEY ORDERS AND HE DIDN'T EVER FIND OUT WHERE THEM OTHERS COME FROM, WHERE THEY COM |
OUT OF A ROBBERY OR WHAT, BUT HE KNOWED THL ONES THAT THEY HAD THAT HE ARBOR 1 a
TEEM WAS SUPPOSED*TO BREEN DONE AWAY WITH, SAY ir J CALLED THEM ABOUT oD 41000 ONE |
SATURDAY MORNING AND ASKED TEEM TO RIDE HER AROUND SO THAT SHE COULD CASE SOME OF THE
MONEY ORDERS AND HE TURNZD HER DOWN. ‘MCCLESKY SAID THAT HIM AND HER WASN'T GETTING
ALONG TOO GOOD, THAT COULD BE ONE REASON WHY THAT SHE TOLD THAT ON ity MCCLESKY SAID
THAT THE REASON THAT SHE HAD TOLD IT WAS THAT SHE WAKNTED TO GET SOME OF THE PRESSURE OF:
HER CAUSE SEL HAD DONE A WHOLE LOTS OF ROBBERIES HERSELF. , AND THAT SHE AND aad
L EX GIVEN FREELY AND VOLUNTARILY BY HE..
~
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WITHISS S13 Lol rg COMPLAINT # = 451548 LW |
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ATLANTA BUREAU ‘Of. SOLICE SERVICES DATE"! TINE or
STATEMENT OF _ OFFIE GENE EVANS | RACE - SEX DOB SEY
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS ; PHONES =
BUSTRESS [7 HO®
DETAILS:
WHO WAS SUPPOSED TO HAVE BEEN HER HUSBAND, HAD DONE A LOT OF ROBBERIES TOGETHER. AND
THEN.MCCLESKY ASKED ME IF I EVERY KNOWED A GUY BY THE NAME OF , ANYWAY HE GOT KILLED,
NAMED LEGS, SAID THAT HE AND QE AND SSSEERERSEEP USED TO DO A LOTS' OF ROBBERIES.
MCCLESKY SAID THAT BECAUSE "Rg AND #SSSENSSNSSEF AND @SM{ HAD PULLED A ROBBERYON
GORDON RD. AT A LIQUOR STORE WHERE SOME MAN WAS KILLED, SAID @@ DID THE KILLING,
BUT WENA WAS IN ON IT. MCCLESKY SAID THEY LOCKED 0 UP AND @M§ ESCAPED OUT OF THE
BIG ROCK JATL AND WENT TO A DUDE'S HOUSE, I THINK THEY SAID EIS NAME EAS UEESEEEN, AND
HE SAID THAT $B WAS ONE OF THE PEOPLE WHO KNEW THAT EB VAS AT MESSED HOUSE AND THE
POLICE SURROUNDED THE HOUSE AND KILLED @@¥% IN A SHOOTOUT. AND HE SAID THAT IS XKE
m TN
PROBABLY THE REASON THAT &&®® KEEP BUNNING BACK AND FORTH. DUPREEE KR! *
roach ]
b ood TALKING AGAIN SAVING "THAT THEY HOPE T ENOUGH HEAT WAS ON BEN, SO THAT TEEY WOULD KI|
Sa BEN WHEN THEY RAN DOWN ON IT, Si IF THEY DOKILL EIM, IT WOULD BE BETTER IN THEIR FAVOR,
m—
BECAUSE HE KNOW THAT BEN WAS Pi ABOUT THEM POINTING THE ] KILLING AT HIM, CAUSE THEY
KNOW THAT BEN WOULD GO AND TELL THE TRUTE TO KEEP FROM GETTING TIED UP IN THAT MURDER.
rr coman——
DUPREE TOLD MCCLESKY § TIMES OUT OF 10, THEY ARE GOING TO KILL EIM ANYWAY BECAUSE BEN
WASN'T AS SMART AS HE THOUGHT THAT HE WAS, CAUSE HE BET THAT BEN WASN'T 200 MILES FROM
ATLANTA, AND COMING IK AND OUT OF ATLANTA, CAUSE HE SAID THAT THE NIGGER DON'T KBSOW
NOBODY "BUT SOMEBODY ir IN AND OUT OF THE PENITENTARY, CAUSE EL BEEN IN JAIL JUST ABOUT
! HAVE READ/HAVE KAD READ TO ME/THE &BOVE STATEMENT ARD IT IS TRUE TO ‘THE BEST OF
Mv BELIEF AND HRA St AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE..
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ATLANTA BUREAU of OLICE SERVICES DATE ST ==ETINE ’
STATEMENT OF - OFFIE GENE EVANS - RACE SEX DOB =
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
: E / Hose
- DETAILS: |
HIS LIFE. MCCLESKY SAID THAT "NO HE AIN'T HARDLY AROUND NONE OF THEM PEOPLE WHO
BEEN AROUND THE PENITENTARY, CAUSE THEY WOULD HAVE BEEN TURNED HIM IN AND GOT THAT
REWARD OFF HIM. DURREE ALWAYS SAY "YOU GET IN TROUBLE, YOU CAN GO TO HARLEM AND
STAY 20 YEARS, JUST DON'T GET IN NO TROUBLE. MCCLESKY SAID "I GUESS YOU RIGHT ON
THAT, BUT THAT BER AIN'T GO STAY OUT OF TROUBLE, CAUSE BEN DON' T KNOW HOW TO DO
NOTHING BUT STICK UP. MCCLESKY SAID "YOU BETTER SHOW HOPE THAT HE GET KNOCKED OFF
AND THEY DO CATCH HIM CAUSE HE WILL DO ANYTHING TO KEEP FROM GETTING THAT ELECTRIC
CHAIR CAUSE HE KNOW THATS' WHAT CRIMES LIKE THAT RUN TO. ABOUT THAT TIME SOMEBODY
ELSE CAME IN, I DON'T KNOW WHO IT WAS, AND THEN MCCLESKY STOPPED TALKING.
SOME OF THE OTHER THINGS THAT MCCLESKY AND DUPREE SAID DURING THEIR CONVERSATIONSS
WERE:
A) MCCLESKY SAID THAT HE HAD A GIRL FRIEND NAMED USNEEER. HE SAID THAT HE HAD
A GIRL FRIEND FOR A WITNESS, HIS SISTER, AND HE SAID THAT HE HAD ANOTEER ONE,
BUT I CAN'T THINK OF THE NAME, BUT HE SAID THEY WERE GOING TO TESTIFY THAT
DURING THE DAY WHEN THE ROBBERY JUMPED OFF, THAT HE WAS IN MARIETTA THAT DAE
AND THAT EE DIDN'T COME TO ATLANTA UNTIL ABOUT 3:30 P.M.-4:00 P.M. AND SAY
THAT HE HAD ALREADY GOT A MAN IX MARTETTA TO WRITE A LETTER SAYING THAT ON
ONE CAME
ANOTHER ROBBERY UP THERE, THAT HE WAS AT TBF PLALL WORKING WHEN TRAIT
I RAVE READ/HAVE HAD READ TO ME/THE ABOVE ; Mt Et STATEMENT ARD IT IS
Hr BELIEF AND RAOWLELS SE AND HAS BEEN GIVEN FRE ELY AND 0.1 15 THE To me ne
: . ; eh :
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ATLAKTA BUREAU 0] ‘OLICE SERVICES pATE {15785 ypu = Ee
STATEMENT OF _ OFFIE GENE EVANS > RACE SEX DOB
HOME ADDRESS APT | CITY/STATE
BUSINESS ADDRESS PHONES | TT RTRESSTRR =
DETAILS:
OFF IN MARIETTA. THAT HE WAS GOING TO TRY AND GET THAT SAME MAN WHO GAVE HIM THE
ALIBI IN MARIETTA, TO GIVE HIM AN ALIBI FOR THE ROBBERY THAT HAPPENED IN ATLANTA,
THAT HE HAD SEEN HIM THAT DAY THAT THE ROPBERY CAME OFF. MCCLESKY SAID "NOW THEY
AIN'T GO LET ME MAKE NO PHONE CALL, BUT THEY WILL LET YOU MAKE ONE, NOW I WANT
T AND CHECK WITH THE PEOPL
PY YOU TO CALL b nmnat ASK HER IT EVERY THING WAS ALLRIGH
Infeies AND FOR HER TO CHECK WITH THE PEOPLE AND COME OUT THERE SUNDAY AND ‘LET HIM KNOW
TO visit HI AND LET HIM KNOW WHAT WAS GOING ON.
| SUNDAY WHEN SEE CAME T ,
WROTE THE NUMBER ON A PIECE OL PAPER AND THROWED THE NUMBER OUT ON THE HALLWAY
MCCLESKY
THIS 15 THE SAME
AND PUT THE BLANKET OVER THE PIECE OF PAPER UNTIL I GOT 31.
PIECE OF PAPER THAT I GAVE TO DET. HARRIS, DET. DORSEY AND .DIST. ATTORNEY PARKER
THERE WAS TWO' PIECES OF PAPER wiTe SEEEEE0 RAMS
E DATED Wi
WHER THEY CAME TO INTERVIEW ME.
A i ed AE
ON IT, 1. IRI
ED TO CALL Emme® WHILL TRE D. A. AND THE DETECTIVES WERE SITTING
i — —
THERE BUT 1 WAS UNABLE TO GET AN ANSWER, THE PHONE JUST RANGED. THATS' WHAT L
—_—e SL ————————=—
————————
——
crtmemmte ee
Top MAC [WEEN I GOT BACK TO THE CELL,
=r
(MCCLESKY)
HE SAID "OK, SHE'LL PROBABLY BE OUT HERE
SUNDAY. THEN MCCLESKY SAID THAT "WHEN THE POLICE COME TO HIS HOUSE IN MARIETTA,
EY LOOKED IN
HE SAID TREAT THEY JUST DID OVERLOOK SOME MONEY ORDERS, THAT TH
YY TY
m= POCKETBOOK AND FOUKD TWO OR THREE REEFERS, AND OVERLOOKED A GUN, I THIN
) ML/THE ABOVZ STATEMENT AN
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Cte COMPLAINT # . 163548 VLIW
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pte LL {ms wi Bales ATLANTA BUREAU OF «-OLICE SERVICES DATE nr ;
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE
BUSIRESS ADDRESS PHONES :
BUSTRESS / FROME 5
DETAILS:
|
THAT HE SAID IT WAS A 25 AUTOMATIC THAT BELONGED TO HIS OLD LADY, THAT IT WAS
_. IN THE REFRIGERATOR. HE SAID THAT SEEM HAD GOT $500.00 BOND FOR THE REEFERS
THAT WERE FOUND IN HER POCKETBOOK. MCCLESKY SAID THAT HE WASN'T TOO MUCH
WORRIED ABOUT THOSE CASES CAUSE THE D. A. WAS TRYING TO GET SOMEBODY TO TURN
STATES EVIDENCE, THAT THERE WASN'T NOBODY TO TESTIFY sUT SEE AND SHE WAS IN
ON IT HERSELF TOO. LATER ON MCCLESKY SAID THAT HE WERT TO COURT TO BE INDICTED
ON A RUBBERY, MURDER CHARGE AND HE BE GOT DAMN IF THE D. A. DIDN'T COME UP WITH
A SECRET INDICTMENT ON HIN. T TOLD HIM "YOU KNOW YOU CAN'T GET NO TIME FOR NOTHI!|
LIET THAT.Y NCCLESKY SAID THAT HE DIDN'T KNOW THAT HE THOUGHT THAT HE SEEN sore |
BODY IN THE COURTROOM THAT HEL KNOWED THAT COULD HAVE PINPOINTED HIM ON THE SCENE. |
: |
xx**x DUPREE SAID THAT HE HAD A SHOTGUN CASE OUT IN DEKALB COUNTY, A SAWED OFr SHOTGUN, |
XND THAT SHOTGUN HAD BEEN IN ON SOME ROBBERIES, TOO.
**x%x MCCLESKY TOLD ME "MAN THE SHERIFF IN COBB COUNTY TOLD ME THAT HE DIDN'T LIKE HOW
THEY WAS DOING HIM, THE ONES WHO HAD WENT TO PICK HIM UP, AND THAT ON EIS WAY BACH
! ’ }
EE FIBURED THAT IT WAS COIN; TO BE SOME SHIT WHEN THEY GOT HERE IN ATLANTAS AND
WHEN THEY GOT HERE IN ATLANTA, AND STARTED QUESTIONING. THAT HE WAS INTENDED TO
MAKE THE SAME CONFESSION THAT HE HAD MADE IN MARIETTA. EE SAID THAT THEY -QUESTIC
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE 5 EAD/HAVE HAD READ TO ME/THE ABOVE STATEMENT 7
BELIEF AND KNOWLEDSE AND HAS BEEN GIVEN FREELY aD VOLUNTARILY BY Me
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COMPLAINT § 0453548. VIS
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ATLANTA BUREAU ‘OP\. OLICE SERVICES DATE lk TIME ;
STATEMENT OF OFFIE GENE EVANS RACE © SEX DOB 2
HOME ADDRESS APT CITY/STATE
SUSINESS ADDRESS PHONES
BUSINESS / ROME
DETAILS:
BEIM A WHILE. MCCLESKY SAID THAT THIS GREAT BIG SON OF A BITCH GRABBED ME BY
__. MY COLLAR AND SNATCHED ME OUT OF THE CHAIR, SNATCHED ME OUT OF THE CHAIR,
AND HIT HIM UP SIDE HIS HEAD, AND SAID "YOU KNOW YOU SHOT THAT MAN, DIDN'T
YOU DO IT.? MCCLESKY SAID THAT HE SAID "NAW." MCCLESKY THAT THE DETECTIVE
KEPT ON. MCCLESKY SAID THAT HE TOLD THE DETECTIVE THAT ANYTHING THAT YAWL
WANT ME TO SAY, I'LL SAY IT. MCCLESKY SAID THAT THE DETECTIVE WENT ON TO TELLING
HIM ALL THAT HE WANTED KIM TO SAY AND THAT ALL HE DID WAS SAY YEAH. 1 TOLD
HIM THAT HE WAS JUST A FOOL, THAT IF I DIDN'T KILL A POLICE, 1 WOULDN'T SAY IT.
MCCLESKY SAID THAT HE THOUGHT THAT HE WOULD HAVE A BETTER CHANCE IF HE WOULD
GO AHEAD AND SAY IT THE WAY THEY WANTED HIM TO SAY IT, AND .GONE AND TELL HIS
WYER ABOUT IT, AND SEL COULDN'T HIS LAWYER DO SOMETHING ABOUT THAT." MCCLESKY
SATD THAT THE LAWYER SAID THAT HE THOUGHT THAT HE COULD HANDLE IT, BECAUSE T=EY
DIDN'T HAVE'NO SMART D. A.'S OVER THERE NO WAY.
x%%x MCCLESKY TOLD DUPREE AND TOLD ME LATER ON. TEAT WHEN HE WAS GOINGTO ROB THAT
J— a
KE WAS LOOKING FOR LIFE AND DEATH, THAT HE WOULD RATHER LIVE ALL HIS LIFE IM
8 THE PENITENTARY THAN TO BE DEAD. THAT HE DIDN'T GIVE A DAMN IF -IT HAD BEEN A
DOZEN OF THEM SON OF A BITCHES THAT HE WOULD STILL EAVE TRIED TO SHOOT HIS waY OC
DURES "YoU DAMN SURE
I mn ATI
_ tv Weil, SATD THAT WHEN IT COME DOWN TO RILLING, THAT'S 17.
1 HAVE KEAD/HAVE HAD READ TO ME/THE ASOVE STATEMENT
HY BE Tc > STATEMERT AND IT 8 ;
BELIEF AND KNOWLEDC E AND HAS EEEN GIVEN FREELY AND 0 IT Is TRE To Tie eld
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ATLANTA BUREAU OF ~OLICE SERVICES DATE §o1o78 TIME ;
STATEMENT OF Arr1r GENE EVANS RACE . QEY 2.7] ;
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
; = BUSINESS / HOE =
DETAILS:
RIGHT.
x%% "I OVERHEARD MCCLESKY AND DUPREE TALKING ABOUT ANOTHER GUY WHO HAD BEEN
ARRESTED. THEY CALLED HIM Gf OR @ER, I DON'T REMEMBER WHICH ONE. THEY
WERE TRYING TO FIGURE OUT HOW THEY COULD GET TO HIM AND TALK TO HIM AND
TELL HIM TO GET HIM SOME WITNESSES AND NOT TO MAKE A DEAL WITH THE D. A.
BECAUSE THEY. NOT GOING TO DO NOTHING BUT TRICK HIM. ALL THE D. A. IS GOING
To DO IS TELL EIM WHAT HE GOING TO RECOMMEND AND SAY AFTER HE RECOMMEND, THE
JUDGE NOT GOING TO GO ALONG WITH THE RECOMMENDATION. MCCLESKY AND DUPREE
SAID THEY HOPED THAT THIS OTHER MAN NEBR DON'T GET WEAK AND STICK TO HIS
STATEMENT. TEEY SAID THAT THE OTHER MAN HAD A RLATE IN HIS HEAD AND THEY WERE
GOING TO TELL HIM THE REASON HE PLEAD GUILTY WAS BECAUSE HE DID NOT WANT TO GET
BEAT BECAUSE OF THE PLATE IN HIS HEAD. MCCLESKY SAID THAT HIS LAWYER, JOHN
TURNER TOLD EIM THAT THE D. A. WAS GOING TO TRY AND GET oNE OF THEM, © &
0% T0 TURN STATES' EVIDENCE SO HE WANTED TO GET IN TOUCH WITH THIS OTHER
MAN SO HE WOULDN'T FALL FOR TEIS. DUPREE SAID THEY DIDN'T THANK THEY COULD
BE PUT IN THE PENITENTARY OFF OF WHAT {SEER SAID BECAUSE IF SHE KNOW TOO MUCE
IT WOULD SHOW THAT SHE WAS ON THE SCENE, OR WAS A CONSPIRACY TO WHAI HAPPENED.
DUPREE SAID THAT SEES TOLD EIS LAWYER THAT TEEY DID NOT HAVE NOTHING TO DO WITH
I HAVE READ/HAVE HAD READ TC ME/THE ABOVI STAT ; ATEMERT AND IT IS T £
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREZLY AND ala hse
» J ai SY
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JTHESS 2 2 Sr one COMPLAINT ¢ . 4€3548 Viw t
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F¥2339 a |
ATLANTA BUREAU orl. OLICE SERVICES DATE {ove TINE
STATENEN + QFFIE GENE EVANS
for RACE. SEX DOB
HOME ADDRESS APT CITY/STATE
BUS
: IRESS ADDRESS PHONES
/ HONE -
DETAILS:
:
THE ROBBERY. THAT WAS THE FIRST LAWYER THAT DUPREE SAID. THE LAWYER SAID
_. THAT HE COULD NOT TESTIFY UO THAT AND REPRESENT THEM TOO, SO HE WOULD JUST
‘GET OFF THE CASE. SO THATS' WHAT HAPPENED TO THE FIRST LAWYER.
xx* ONE DAY DUPREE TOLD MCCLESKY "YOU KNOW I ALWAYS BEEN DOING YOU RIGHT, BUT
© YOU PUT MY NAME IN THE CONFESSION AND YOU KNOW THEY COULDN'T IDENTIFY ME
OR NOTEING. AND WHAT WOULD YOU THINK IF I JUST GO ON LATER AND COME OUT
AND TELL THEM THAT YOU WERE THE TRIGGER MAN. THEN MCCLESKY TOLD DUPREE
"gOU KNOW THAT I DIDN'T HAVE A CHOICE BUT TO PUT YOUR NAME IN IT, CAUSE Ef
TOLD THEM ALL OF OUR NAME ANYWAY." DUPREE SAID 'f® HAD A BAD RECORD AND
WHEN SHE GET ON THE STAND, SHE GOING TO INDICATE HERSELF BEGAUSE SHE KNOWS
TOO MICH, THAT SHE WOULD HAVE TO BE IN OK 17 TO KNOW THAT MUCH, THAT A MAX
WOULDN'T GO AND TELL HER ALL OF WHAT SHE IS GOING TO TELL, THE WAY SHE IS GOING
TO TELL IT. MCCLESKY SAID THAT "WITNESSES CAN GET YOU IN THE PENITENTARY RND
WITNESSES CAN GET YOU OUT, CAUSE HE HAD THREE WHO WERE GOING TO TESTIFY WHERE
HE WAS AT DURINGTHE TIME TBAT THE ROBBERY HAPPENED. MCCLESKY TOLD DUPREE THAT HE
WISHED THAT HE KNOWED SOMEBODY IN THE STREET THAT HE COULD MAKE SOME ARRANGEMENTS
NOT
FOR ¢@Eg*> TO COME TO COURT. THAT HE DIDN'T BELIEVE THAT SHE WAS COMING ANYWAY
D<
: ;
&
|
I HAVE READ/HAYE HAD READ TO ME/T : es
1 HAVE READ/HAVC HAD READ TO ME/THE ABOVE STATEMEHT AND IT 0.
BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND oLONTRRILY BY NE
WITNESS Vr 2 | Fo |
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= 700 bys VICTIM 2 SCLLATT, FRANE R, {(OFF.) |}
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COMPLAINT é SCHLATT, TRANL R, (OFF.
LAYS :
= : :
2
= ig 3 LE3548 Vin
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N
’
nn pd POLICE SERVICES DATE 31.78 TIME E
STATEMENT OF nur cove BASE pace cosEy DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
: : BUSTHESS J HOWE o%
DETAILS:
x%% DUPREE TOLD MCCLESKY "IT MIGHT HAVE BEEN A BETTER THANG IF BEN, HAD GON. ON AND
—- KILL YOU WHEN WE WAS OVER IN TECHWOOD. I ASKED MCCLESKY LATER ON WHAT DUPREE
WAS TALKING ABOUT. AND HE SAID "YEAH ME AND BEN HAD A LITTLE RUN IN, I THANK
g=mf) WAS THE CAUSE OF BEN JUMPING ON ME " MCCLESKY SAID THAT HE WAS SAVING
b:%
BENS' LIFE $AS WELL AS HE WAS SAVING HIS OWN. MCCLESKY SAID THAT BEN HAD JUMPED
~ON HIM ,THAT HE CAME UP TO HIM AND SNATCHED HIM OUT OF THE CAR AND TOLD HIM
"MAN WHAT THE HELL YOU DO THAT FOR, DON'T YOU KNOW THAT YOU DONE GOT ALL OF US
FUCKED UP CAUSE YOU SHOT THE GOT DAMN POLICE."
T WHEN THEY WENT TO THE PRELIMINARY HEARING THEY TALKED TO
} pen E :
THE DUDE, «3 OR YR, AND TOLD HIM NOT TO FALL FOR ae OF THAT SHIT.
Zz
*x** MCCLESKY SAID THA
x%*THE FOLLOWING QUESTIONS ARE BEING ASKED OF MR. EVANS BY DET. W. HARRIS, JR,
OF THE ATLANTA POLICE DEPARTMENT HOMICIDE SQUAD AND BEING WITNESSED BY MR.
RUSS PARKER AND INV. GRADY ESKEW OF THE FULTON COUNTY DISTRICT ATTORNEYS
OFFICE:
Q: EARLIER IN YOUR STATEMENT YOU TOLD US ABOUT LENGTHI CONVERSATIONS YOU HAD
HTH WARREN MCCLESKY, HOW WERE YOU ABLE TO CARRY ON THESE CONVERSATIONS WITHOUT
DUPREE BEING ABLE To HEAR? HOW COULD YOU HEAR TEE CONVERSATIONS BETWEEN MCCLESK:
NLY W: INC WAS THAT HE WOULD HAVE TO BE IF
Az
| HAVE READ/HAVE HAD READ TO MZ/THE ABOVE STAT 5 VE HAD R Mu/THZ 8BOVE STATEMENT AND S : PY BELIEF AND KNOWLECGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY Ne ©
~~ —
-
Sp, ay i hg SE
: STGAATURE /,/
WITNESS Vow & Lf
oe ll DATE © oe Ln TIME
WTnEeS INV of 2
{bes Soil tid de I i VICTIM SCHLATT, FRANK R. (OFF.)
WITHE Ca gi on |
withess_ dd Lada COMPLAINT § 463348 VIM
THIS : :
Ee RE ae
ym VS |
ATLANTA BUREAU of SOLICE SERVICES DATE §. ~78 TIRE
STATEMENT OF OFFIE GENE EVANS RACE . SEX DOB
HOME ADDRESS APT CITY/STATE
SUSIRESS ADDRESS : PHONES
SUSTRESS 7 TORE
DETAILS:
:
TO THE VENI CAUSE-HE-WAS OVER US, SO WE LAID DOWN ON THE FLOOR, MCCLESKY WAS ON
__ THE FLOOR AND I WAS ON MY BED, AND WE TALKED AROUND THE BARS FROM THE FRONT PART
TE RRR
OF THE CELLS. THE BACK PART OF THE CELLS HAVE VENTS TO IT ABOUT 9 FEET HIGH AND
THRE IS A SINK RIGHT UNDER THE VENT. FOR MCCLESKY AND DUPREE TO UNDERSTAND ONE
ANGTHER AND TALK TO ONE ‘ANOTHERFARH ONE OF THEM WOULD HAVE TO STAND UP ON THE SINK
AND TALK AND LISTEN. AND THEN I COULD STAND UP ON MY SINK IN MY CELL AND 1 COULD
HEAR EVERYTHING THEY SAY ..
Q: DID YOU OVERHEAR MCCLESKY OR DUPREE SAY ANYTHING THAT WAS TAKEN IN THE ROBBERY
OF THE FURNITURE STORE?
A: MCCLESKY SAID THAT THEY GOT ABOUT $2,200.00 SOME OF THAT WAS CHECKS. AND THAT
FY WENT TO DUPREES' OLD LADYS' HOUSE AND SPLIT TEE MONEY UP. AND HE SAID THAT
ode
HE DIDN'T TEINK THAT GEER VAS SATISFIED BECAUSE SHE THOUGHT THAT IT WAS SUPPOSED
TO BE MORE THAN THAT.
TEE PEOPLE MNTIONED IN YOUR STATEMENT, WHICE ONES DID YOL KNOW PRIOR TO
BEING ARRESTED AND SENT TO THE FULTON COUNTY JAIL?
~rT
A: BEN WRIGHT AND BERNARD DUPREE ARE THE ONLY TWO THAT I KNOW. I DON'T KNOW MCCLES!
BUT I KNOW EIM BY SIGHT BECAUSE HE PASSED ME CELL ONE DAY WHEK HE WAS TAKEN
oUTh oo TO TAKE 4 SHOWER
I HAVE READ/HAYE HAD READ TO ME/THE ABOVE STAT | HAY; HAVE HAD RE ME/THE ABOVE STATEMENT AND IT IS TRUE TO -THE BE
MY BELIEF AND KNOWLEDGE AND KAS BEEN GIVEN FREELY AND VOLUNTARILY BY NE. Eifel
2 ars). i
1% 77 ET
WITRESS pol ~~ as DETE © SF TIME
. ~. ’ ! i. c kL / 2 . ~~
ireneee LT hg
Te 3
WITNICS ro ter Pr Lh VICTIM SCHL:TT, FRANEL R. (OFF,
ii : v vs fi iv =
WITHZSS ED Ee COMPLAINT § 4623548 VLE
p
_
—
n
.
f]
¥ b
t
i
~
=.
PAGE 21 { "& y
DATE .~78 TINE 1657 HRS. A1LANTA BUREAU OR JOLICE SERVICES
STATEMENT OF OFFIE GENE ryan RACE. 5x DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
BISTRESS 7 ot
DETAILS:
Q: 1S THE ABOVE STATEMENT TRUTHFUL TO THE BEST OF YOUR KNOWLEDGE AND GIVEN FREELY
__ WITHOUT ANY PROMISES RENDERED TOWARD YOU?
Ar" YES, Ei
END OF STATEMENT
1 HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT I | ZEST § THE &BOVEZ STA S TRUE TO ‘THE BEST OF MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY NE. . ;
» t A 7) ~~ x. AN A <<” } |
a or aT | le SIGNATURE |
TNE vil gy. f =
Vr - / : - - — z ~ i TNESS ad Corl. DATE feo re TIME
2 ; . oan} A -
Sos nls Ee i 1377 5 ; vv bo a i al, : VICTIM SCHLATT, FRANK R. (OFF.)
oy Fr 4 z
RITHESS er. “2 bE ten CCHPLAINT £ L63548 Vin
T™27Q : J
¢ a EN | pn ea
\
Cg 72 an
Loh
"HR. PARKER: You fay cone down, sic.
THE COURT: Call your next witness.
fusiad Ed)
MR, PARKER: Call cette Cena ‘Evens,
EASE al y iN of
orem: as tvs, Hed
; | ol Ly ion LXAR EAT "101 GA hs ho i»
pi BY MR. PARK tieeteb
28 i iv, would vou give us Yous: npney Dissent :
’ Ta ot te Cone Evans. | | Ji i: ‘ ; : SORTS YER fap Ys y Es : ig) Sh . Fi § 2. :
will you pull up and talk into the microphone, Lluaze.
r 3
Qs
A gu ofEfe Gene Evans
0
Ben AE oly A "iy 3 Se 4 : oq YF; rE Rei
3 "All right, sire ‘And, Hr. Evans, are you an inmate
LSE : PRE I Hs ;
at 207, locat ton at che Jrengns tine? ¥ 1h + Heh
Yes, at the Atlanta Federal pentcentiacy. 4
P fyret Ae ow
FALL Tight) sire And how Long have you been ag. ‘the Fiialy
1 . $
Atlenta Federal Feaitentiary on thi stay, sir?
. oh § J
And. prior to August ‘the 8th where wore you? 5
: , ; 2
In the Fulton County Jail. oo ; HL
“3 ‘ ; 1 LH oT 1 et? . ho.
22 4) And waull you tell us why you were in the Fulton
: Se Bik ' may fiz es
Ey County Jail? ERE Co
’ 3 . d I 3 te : y + 1 !
Ali A . I haé¢ an incident at the halfway house and they ii
’a SE Foon 4 hd : 20 Pe 1‘ 3
A charged re “itn escape status “and took ne out thetfe.
‘ np went PILES =i vy . '
Wh ? TUE COURT: Can you all hear the witness?
ates io THUY JUROR: Lot Slenvlye 5
Taiin SEO Ps oH a
2 Maher, Fair se end i RELY Wr oo) :
«ily ol ; s
: -95~
% a
20r on
vary ed ra i,
hl? ies ian gba d de $2 iAZY, ORY 40) BVA Cs Moos rman, ss Snes, PS EEE on Lat LEE SE EO SS > — ary “om vias tl a (, - . »
i
TRE COUKT: Mr. Evans, move your chair up just a
‘little forward, © 3 2
A! vos, sir.
Has thin the Federal Halfway House?
Te
if Right. Lh 2
TH And wero is it located?’ a wi
Tren M Sper Wa Jer mtr given “0%,
on Heponough bostovard, rs ficL
Is that near ‘the Federal Fenitentiery?
it ’,
hae! s Fight, Era b,
PRET JL SUNT AR vA te HR 1) BA AYA
"And you were then arrested? | ar XY +}
: ' ie . 5 faint : Fa SR .
Fp fe cy Ta _ ie iy
vs Yes, air. — Sve Aw ed er Fate -
and Charana wien escape? {
es’ sir.
Q And where were you taken, sir?
Si i A J Out to the Fulton County Jail,
eT et g 8 ! :
urreal hoi Earnad te 0 9. Do you know vhen you were Edrsc taken to the
: i go Gag oo 3 y
oe EE ; 9 of July the 3rd?
i & A Yes, sir.
-959~
FS TON PREY ES. SIE 1 Yb SVEN SPRUE TOCIer GU SP JPY. LIE ep IY SPURPCIRE I NETS SUONCORES Pit SYS LER IP Ed A RA
0 . by He. packer] ALL right, air. YOu ware at a
Zh PY aay 3 SETI Hk
Of En Sa
Que You stayed there about a moth?
3 Vaan . 1 oY . Aree
< A Stayed there until Atauet the Eth.
Q i right, sir. How, Ee Evans, you have Leen con=-
. : P : Sa RaF 2p are
victed for a number of tines, Have you not?
A Yes, sir.
Q hy €ir, back in the year 1953 ore you convicted for
burglary in the State of Georgia?
. aXe s, sir, di
fo you recall what type of sentence you Got?
..' Three years,
Jey Sif, three to five, : god
. \ 1 RE iT Yr
Q
A
0 7 Would tt have been three to five yecers?
A
t
Q
Were ‘you also Sonvtoted in the yaar 1855 for simple
Pas rand vit : ERE ¢ ELL
azceny? Fan i = a XG :
LRA Fade A be CT eta eB Se ee A A ' UR 2 . Ha
L A Yen, sir, ; %
* oe as :
SQ pg you Yow what type, of ‘ne atence you got there?
“. 4 .
[1 \7
¢ \ "
3 Fg I got a twelve month probation,
Q low, in the year 1959 were you convicted for carrying
a concealed weapon and carrying a pistol without a licenso?
A : Yes, PLATE
it Q . bo you re call what type oF sentence you got?
i. os : ; :
A A Twelve months. | :
E30 Qi was that straight tine?
AC Yas, sir. we ;
a gic, in tha year 1961 vets vod convicted for burglary
SE EY RCE EY
doo
-260~
ISRO Se ara HITTIN
a
: in the State of Georgia?
: k | A Yes, six. fo pee ; : a
% ¥ > iq : DO you recall what type of sentence ‘you So%, sic?
ied i i A I got probation for that. 111 (rai Se
‘ Eyl Q | All right, sir. And were you on previous probation
gL at that time? es /
: Sy I disremonber [sic]. I don't think 1 was, thoughe
Fi vot Shh a by ALL right, sir. ow about the year 1582 Were you
3471 convicted for burglary, sir? - Sie 2 LL . : bas : Co
IAIN A Yes, oir. end : i
Po you know phat type sentence you got that year? -
1 think 3 308 - RS got probation for it, 1 didn't i
Yi | ¢
ri \ ' Er Plea raids
vould you heve perhaps Jot between five and seven
2] ' pian aly sie TY Fy 4 . ee iy
years) six, that eOLd have been concurrent with “the forgery, SX
NTE) ; £5 va Sh Voip ie ; AE
Cl £1 : El HI 3
: tL. count? . AEE ani WELL
: TENDER : £3 thy 5 A A ER
i XR : re py ee i. et i! : x : x ; ip s ;
: 2! : A 3X pt Yeo ’ sic. Y ) uh v A : 3 : AGIA ; % TE BL he
Hh hr Q : sir, tn the year 1968 were you convicted for Federal
’
nl al the ft?
ht . Yan, x ET
2, Nita, WR. CAlLEYs Your tenor, that ia a leading question
0 i ang Bhat. to his asking Leading Gatationts i :
i he ni THE COURT: It is leading questions, but I will Yat bs
Ms LR yon 1und this ined in hte one instance.
olf ITE . :, yt PE {ror AIT 4 fveo troy
il 0 (By ME. parker] Do you recall what type of sentence
a hs : 3
-961-
» " Ce Ah emt =, bina TATE AL Tee
oar A a
you got then, sir?
A . 1 got two years. 1% oe
) ed tf ri . . : wt ol
5 rE w= ; Ea ow about the year 1973, do you reunenbar any con- At
MRR AL Spmbl neta Sra es 2 01
“vo {ctions that year, sir? .- :
A : Yes, sir. :
: Qe Do you roRemyeE iat it might have been? ;
i in I got five years. Lp :
: Lt la : And what wag that for lc? Es aril
: of Se rossens ion of ARE !
: J Lr Q : 211 rights sit. And how about possession of tools
: : a to commit a crine, de you renenbur anyehiing 4 about that?
iy CRA heat TRI ate A SrA Ne A Ee Ud 1:
> 4 What type of sentence did you gat on that, zir?
he ; 2 didn’ t get no time tox that. :
vest, tonne : ECE EN OF I i ; i K)
: : : ALL eiobe. ov, you ce ander vederal sentence
!. 8 : i
now for what, sir?
1 =A This is ‘the one I got in '73, possession of stolen
: nails
i Q What type of gentance did you get?
Ly oh oA six-year ‘sentence.
7 ju REP 2 And what © are yoo serving. tine now for, sir?
: fedy “SEK 71 am on the same sentence.
: “lo a Sic, have you ever been officially charged with es-
CRI Se or 5 FA S ;
qr : capo when you walked away Fron the Nalevey house? 3
oh :
a a Be lio, sty 1 hadn' t been charged with it.
© Vl oe
-962~
Cal ih SEER _ Tilia x
ER a #2 he
Hay rene - Re “r Sr ine "wo .y LAE
BEE
>
na we ’ “A. 2 3 a rh Sin aE Ale Se Pe a
Lol CEE PRACT
LT d Ce MYER
RG, CA
By, FA
ral : Q What, if anything, have you askad me for testifying
a here, sir? : a rbd roan ghee,
3 A aid haven! t aske 29 You 2ov mottling.
pdt nk 2 LN po you hogs to ‘gain ‘anything, sir? 7 ETT Af das
May Ey i I don't -- Sin! t nothing I could gain because I
Fo: RE -
LI done did my tine anyway cut there. Ye
a Tay 9 How much nore time do you have, sir?
: ied Sh . January the 26th. 3
- Bave you heen Droheca.Bd for that escape charge, ¥ :
y fr em ry oy EE Fis :
: 45 visa Ll Til
Ci Noi ste. Le ho Sadtnl Aa? i ier;
Eh Are you nin that ‘you won't get) prosecuted? | :
ol Yes, sir, 1 hope 1 ‘don x, £3 BL a :
i Ds Hr. Evans, ee FRO HE Bebice? ?
ven sir, Live rivet v3
Fas ' H Sik ¥ Et Nae ; " Ana do you sce Nin in the cour troon today? : Hl 3
: “i You, | sir, that's hin’ sitting right there)’ , SENT
h “iat iz he wearing, sic? ie fey he
Brown pants and a brown shirt.
UR, PARKLE: Hay I have the record reflect he has
24 : 2d 7 Liontifiad o etaniant Lepree?
Jone ol : THE COURTS Let the record so reflect.
: ety FER : oy ne. parker] Could you ell us how long you
3] ) “have known Rin, sir?
IR 34, 2A i Eves since about '64,
“G6 3=
J CA x
In A taken gb oy . s BE Rea = DCD SE SIE NS ey Met hrm Sb an BS te wr P ge
wide Favatwn iam,
hd .
ow.
ot Since 1964? Live Q
oe oy AY Yes, sir.
Q lave you Gareied. on conversations with him? PRAARIUE RETIN EErS ARS IORoY (PP ATE LOR KC RE RT OR Se] Sia baad
Al ‘ ¥ 8 is 2 a Yes, sir. Pha ny
v A A oh Ee : bari “ Rg ty ‘ «4 ut ;
A
Sivas HE Q ' Is he nore ‘than just a casual acGuaintance?
A Bot as far as RS know.
SEER Q cil Hr. vans, hile you ware in the, Fulton County Jail
21a Joa ever have any conversations with Hr, Topree?
Vora ge vif AEE
ves, sis, Y had some. $15)
\ Yes, sir. Vee > 40 HED : : i £
5 5 i Eb Rr) i AR ; \
of id ; od i TR WE a
DIRS ein forn? Co
or # ak ‘rs ’
wn.
- : rd,
Ci iE = PRA Gy
: is Yes, Bir. i
Void : 3 ‘ EE Ea .
53 y Would you tell us who you told?
O°
kell, 1 told the deputy, ‘The deputy heard it and he
asked ne about it, Bo 1 told him. He asked me that if he called
the homicide detectives would I telk to them, and 80 I told him
; yea. SY ; voir: : 70
! ; CL. Q Mh: And did a homicide detective come out and talk to pie a A re id? ork ; vain 24g sn hy bod
i wi gon
: Yi A Yes, air. £3 SALE :
h Vind PRR Bo LB) . ” RA y 2 § or t
ro» ” RA RH
2 Q 2g who was that, air? - : Se i. ; ty
; » yi
Ls
~964~
\
= Sheen > an
Did you wver have shy conversat tons wien HE » MeClesky?
A 3K)
a rs Tal Sri rh a I RET SE
: Das
CA Yo neh Pi !
¢ ¢
= i Ie hh A Mr. Harris and Loraey.
25 Sire “0 And have you seen ne before, sic?
CRE Ah or A ‘si Yas, sir. fete xs tony « x
: Friis : Fr a : ci :
Bt, - Q 5 fihere have you geen pe before? 4
A |’ You come cut there. ; 7
fry ah yl To the Fulton County Jail?
EE es ws,
a ow a i nave you seen me anywhere else? ,
A 7 No more than A here. in :
; AT fin :
Y Fra rd How about the Atlanta Police station? ; 3
i Tid: Yosy sire. That! s Ion, i seen yoo ow hers Th
vow, Mr. Evans, can you tell us if you have ever
heard 1 wel bopros Fay anything to HeCleaky abcut HeCleshy putting ;
4 pepree? ae in a \ statement? yak CER y ody “AN Ak i
' A | featis Ta {
5 Gag Yeah, he asked a why did he indicate tate] x
ny “bin in Teh statonvit when he Xnowed that Ye a be fdent i=
uel di STA i he rE a 1 £15 bap vi ny
Snir ] J : Ars Sa Loa i
NE ta ae Q "le sald what?
j A ir He asked HoCleaky why di¢ he put him in that stato=
Lg ment when he Knowed that he couldn’ t be identified. 23
8 Be at - isc Ald right, sir. pid Mr. Depree say anything else
i fk $405 about Li that we. HoClonky might ‘huve nade?
RA Hn AE Ho asked HeClasky, he told McClusky, said chat he
5 i nean’ t aia nothing wrong to him for nin to indicate {sic] hin
get die in hit te tment, and he gad how would he teed {f ho was tO
] 'w % : Tae
i meet
AIAN Sr oh
~-965~
i. =
4
90 on and tell that Mcllesky was the gunnan, the triggerman in
Ee that robbery. : ; : FR Ve ;
r gt g Yow, did you ever hear Depree say anything about ==
pes wos ny hi WASHINGTON ‘bijection, Your’ tionor, he is Tasd=r
ate SH ing the witness. is a: 2 .
Ti No, ! Hy ea MR. PARKERS 1'vill rephrase the question.
Sri oslie nmi gL [By ie. “parker] Can you tell us if bepree ever sald
A ASE AREV ARS SEARS SR a
EL anything’ that you overheard concerning visitors with He. pepree?
Saki Cyean, he’ said he thinks that ‘the reason < that his. Fo
Jgleleriens hadnt t been out ‘there to see him is because he Sg
Sy : IA SS LTE p Men
that ee) night have said: something about that they split the
7 Roney up at her house. lh SEA Tan! :
Te whose “house? iid CER A
HE PCA TEL UE oy ASEH TAILA
. Ris Siviie tan! Be A rd Yin iE i 1 )
can you toll us ie you SveL h a! Bopree =o Ler IaT: by
’ Mra NASIK INGTON: Sheet ton, Yous tonor, he is lead~-
LH : : ng © the witnesse : } 3 : = Sedu :
ER ni :2 . MR, PARKER® May 1 finish the question? ]
; RR, oh i
Se LIN ng couRTi Yen, sir.
: Hn (By Br. Parker] Can you tell ue if you ever heard
2 Lepree voll Heslosky anytatng about Ben Wright? :
in 23 A ets Yoah, so gaid eit —— he suid it once, that he hoped
“i ha Den “vans golng to get caught before they go to court, Socsuze
kata \ no
, ie might vould tell how that thing went dow, and he sald that he
¢ nT
Noped. that nine out of ten in the case of Ben Soy were going to fy a : . TROLLS Fhe
ETE, GFE i
‘
* 1)
‘ if fl] -
-9 66
" .
'
He
) p Zon
Ye (ET bis ; {
FEY SBI ITT SUPTURL TUL NY VERS yvepet Gupte Br —4 TE TEE SEE Beck 'A : PN, Ty Grp
ehh ‘ut REL IIL 3 A A
DR TL
SHEL ERED hin anyway. Ra 3 ;
Sa ty | 2 Q . hig is what Depree said?
mn fied A ol Yas, ir. 0 Sdn, ol A TR i Ate Ra hpi
NS he Fo a Hl Lid _ ever hear Doprse talring to McClesky about : i
Aer A : any other individual out at the Fulton County Jail?
ee on nt "Ao he said that he hoped that his other guy, I think
4; 3 nie lust nase WAS Burney, don't get weak and rake no ‘deal with
el » ’ the De as or Court or nothing Like that, but be couldnt t ge et a ;
: chance to got to tell hin about nl I 4 oo : 5
din = : MR, GAILEY: Your donor, we Sojecs to anything ‘ 237,
ke further ‘that | he could have Said abo bout that, Eeiecss iz EN
i Visteiss ir. Burney" 8 rights to confront his accusers. 0
LEE Warn ' Phe? . sin
2 ie then put those. poopie on the stand or ask thee if ei
tq RAITT : Orr Way ; vr
A they said Tess Ha A SIRE PAY CAEL
rl i ea THE COURT: All right. I will == do you went to Sh
1 be Neard? 3 vr San iden pe
She MR, PARKER: Your Honor, I don't think it's any oa
* yiolation of anybodyis right. He simply is stating what
he overheard !r. Deprea state.
th ah MR. GAILEYt Your kono, could we continue this
‘“t
, Sutaidg the ‘presence. of the Juzy?
THE Counts. x ghink 2 know what your argument is "Yn
Th "going to be.
Ladies and gentlenan, Y will let you ¢o to the jury
PS .
3
1 believe you need a 1ittle exercise anyway afror
rOOa
-967~
" THK: er duneh h 2s £7. a
CEA wn hie Ja (Mheraupan; the jury retired from thu courtroo:n,
rears di LY erste Star which the following proceed ings were had,] | INN a 5 ,
! ie XR. GAILEY: We would object to any further evidence
: is 2d a8 to what was maid about Me. Puthey. Mr, Burney, if {it
CobeEns him, he has a right to confront whoever said it.
"Anything concerning nr. Burney, we think they should bLe
’ | meda to put that perech on the prendy and we would object
4 any hearsay about ic, nat’ violates his rights to cone
: Yor front his accusers, 11 eof A .
od gos mie count Who sald that abcut Hr, Burney, bapree
Baty or HeClesky? aiid did $d Lj, A TALE 2 ja a CB ry HOR xi : { a rod k - NEE Ry SEY
THE WITNESS 1 I dian‘ understand you. is
Leta RT
THE ‘couns 3 00 were you quot ing a. minute age, Derrea.
i 3 or neciesky? is J : ; 7] ;
rs THE WITHESS: Depreo. ke y
J eh ca ab Cm COURT Fevrec? Ln
2 es H% : Lhe HR, CGAMUEY: In that evant we would like to make a
3 | notion to sever at this point In tino if this is going to
! ut : become an tue, ro % :
oh i TUE COURT 1 will deny that notion,
{iis EHS ow, gotting back to your first wotien os
i Lk I LA MR. PARKER: Your Honor, 1 don't insist upon it, I
a will Just stay away tron the whole thing.
Tn on vo CHP COURTS 1 bollove there is BOmE denser, lie can
[
=-968-
yo
5, H
tor chy sy ioneL Vea LYNN wy SE 1 BE TL ILRE BL Ly TOR PO LI SAL Uns ie aa Ea melt one FRR i RY, AR Ts REP ESE A . Vl ’ ada J ERE hl Sh : . RE 1 ‘a “ge Wt ee yhes ries ste. Na i 3 Lh ; ao
Yh . ai \
ENA > . b
dn . 5 confront this witness, but he couldn't confront Depree
AES rik unless Deprce takes tha stand, Bo rather than take that °°
apa Stance 1 will sustain the iret objection a%% oversole
: A rode g ; the second ong, if it is still & notion, Te fy gm
Ir oy : ; 2 All ight, being the Sarg back,
423 AE oa Sink ingreupon, tho jury returned 0 the COUrtroown, :
Er SEE TN which the following procesdings wore had. ]
ETRE TAREE ry |THE counts 4% sustain the last object ton, ladies v7
i ol ih 3 ana gentlencn, and y you will ditraners what. thia Titnese. hy
: oe says as Applies to -- disregard the last question end
FIR anaver just before you were sent out of the courtroom. hl]
All rigbt, proceed.
y 1s at ST : Dora bod fs es "
: % MR. CAILEY1 For the record ¢ Ray we make a motion
for mistrial in this Patter? ERE
AR ud 5 EONS x, Yo N a VI hin eg i tay Jeetan ta ings J SF as = ’ 14
Jan THE COURT: Do you. want ne to say Anything tether (dry
: : RA FL
to the Jury? Set AE SE UTRAK
ETERS bam Tal Cons nbniad ood baad ST ;
; ENE MR. GALLEY No, sir, just right now to have it on
SE henge Ls the record. 7 i Pe i og
Eo THE COURT: Proceed,
2 Carian HR. PARKER: I believe that is all I have.
STE Se \, CROSS=EXAMINATION
INE py wm. wamwvowonny Te LL RL
Ve TR ey Sa FE 4 PRs = . . }
ai “1 ne. Evans, you have spent a lot of time in the peni-
i ir : : tentiary, ‘havent ’e you? 4
No SHE : A FF ean, 1 have heen there several times,
-969~
EE CI
I
hh Vl TW Sea Nie. en
'
Qa The deputy came to you about this conversation
ALLRT didn't he? oviged glen id
ha AT Yes, Bits, is Mas 45d 4 mai HIRE) ry val fds aie:
Q Do you know Ben weigher
+ a A ¥ Yes, sir, 1 Xiiow ime i i :
En Pretty well? WES 3
, FELLER ts :
“ AT You, sir, pretty wetty or, Te :
Rn igen As 2 generel rule, prisoners don’ t testicy agatnot
LPR PE ee : ; Cort RAT A gore nT HE :
R (4 each other, go they? ery a Filta ; pe
i: Well, I think if one wanted to tell the truth he |
Aan, \ SIS : oh
could 1 he wanted to. Said he Hl
GI ne y TIA hh we “4 se
2 usually there. 1s something to be gained from :
ra Sowct hy ‘a ih STS £8
th : LEY !
vi ge RENE ] ee Nr
vert, 1 an Just telling you what i heard and I
. ‘a PNET TT AY ATH CE he Wa 0 Ry pe 13 gre ursh f
: ata t “adding nothing to i ang 1 ain! t taking nothing away
oo v oi i “ :
y ; fron it, 20 what cones out. ot it, At Jus t comes out, of ic. RELI
nr Ta) i iby ¥. or) er “dak . hy ds A 1S AN .
WER, EI HR. WASHINGT Tote 1 don t have Ei Bine else,
SE ®t, PARKCR} Yori donor, 1 do believe that 1 should
briny something to the Court's attention and the jury's
’ attention,
5 Sanyal ed : Lin THE COURTS outside the jury's prosence?
A al PER MR, PARKER: Mo, sir, in their presence. I think I
should do it outside Hr. Evana' presence,
= MR. GAILEYs For the record, we don't have any crosse-
.% t 3 "4 . :
examination of this witness.
-970-
a
Tae val w adhe ant Lg BAe I ry gt AAG 1 Heir ae ss Smit ip Ame vo Re OE AC ve Wor ie .
be Bud 14 tei, yng. RANE FTE JER J LE TY | SPR 8 PO PY “aL Can aegis ’
' o * Y Pus 2 Ta . * Add - 4
Yo 5 ;
a" nel,
FERRIS RESET RE Vo AT TW Bros ”
vy “1
yi LE THE COURTI He. Evans, you nay ge. to the witness >
roon with the sheriff and wolt,
TERE Er ITAVE € LRIRR tod sant hineceugon, the vitnens zatived tron ihe. courtroom, Pa
after which the 2otToning proceedings were had.] BE
MR. PARKER: Your Honor, for PUEpOses of the record, ie
'
I would like to state that following HE. Evans’ toscinony
previously, x have contacted the pent with to ‘Poderal
rE ha k fy ela
Ho tral by, bureau of tnvestigation to determine Lr he wag going £9
RTE
FAY LON
: continue to press charges of encape.: x have not mi him
ve; grep charges of GSCOEC, but I til fave he’ ie going to by
TR fr act on that information I have pas sed to hin, that 1s} Hr, ¢
oN . GY evans did testity ‘once before. and I con! ‘t believe that the
eh Pederal charges of escape, khe Sntaat Fodocst “aharges, will '
{ERE BA be procesied. against Mr. Evans. nist. nas oh, Baan & Sordi
von of Mr. Evans’ ‘testinony, Lut 3 believe that inforna-,
: tion should be brought to the Saiy! 0 ‘attention.
Kaw, if they have any further atts
that, that ts why I vented te do it outside Nr. Evans?
presence, er 2 ie
MR, GAILEYs Vie have nothing. et
ts HR. ASH INGTON _tiothing further, has nd
3 i rue courer All right, cell your next » witness. Ny
id Ai, PARKERS Call Mr. a tods. or ;
; 4 THE COURT: Who? 2nd Wg : Si LA
MR. PARKER: Mr, Oliver. — ©..n. : rs
¢ ’
-971~
CR ns Th Tae To sol EDU rare HARA gL
AFFIDAVIT OF DORIS F. WALTERS
STATE OF GEORGIA)
}SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared DORIS F. WALTERS, who,
after being duly sworn, deposed and stated as follows:
1. My name is DORIS PF. WALTERS. 1 am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of
any kind.
2. I was a resident of Pulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
I recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of shooting a City of Atlanta
police officer.
3. “I. was not chosen as a juror in that case.
4. My race is Black.
This 22 day of Lr smdbos , 1986.
loin ~ ad Loa L 5.)
DORIS F. WALTERS
Sworn to and subscribed
before y this AGH
A
+1986.
7 NOTARY cP 192 Bla £1
My C amnmi 351i on Expire Y hy 4 be 1d
AFFIDAVIT OF EDNA WALLS
STATE OF GEORGIA)
}SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared EDNA WALLS, who, after
being duly sworn, deposed and stated as follows:
1. My name is EDNA WALLS. I am more than eighteen years
of age, and am under no legal disability of anv kind. This
affidavit is given voluntarily and without coercion of any
kind.
2. 1 was a resident of Fulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
I recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of shooting a City of Atlanta
police officer.
3. 1 was not chosen as a3 juror in that case,
4. My race is Black.
This [he 3/, day of /9 8 , 1836.
bs, Lo PRT A Ss)
EDNA WALLS
Sworn to and subscribed
before me, this Lil
AFFIDAVIT OF FLORENCE MOBLEY
STATE OF GEORGIA)
SS:
COUNTY OF FULTON)
Personnally before the undersigned officer duly authorized
by law to administer oaths, appeared FLORENCE MOBLEY, who, after
being duly sworn, deposed and stated as follows:
i. My name is FLORENCE MOBLEY. I am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of any
kind.
2. 1 was a resident of Fulton County during 1978, and was
called for jury duty during the week of October 9, 1978. I
recall being questioned individually as one of a number of jurors
called as a potential juror in the trial of a man [Warren
McCleskey] accused of shooting an City of Atlanta police officer.
3. I was not chosen as a juror in that case,
4, ce is Black.
gh
This Lf day of DN ifivrn late ; 1986.
2
2 fete re Lan = Lh,
C FLORENCENMOBLEY by
\. / sf
Ey 3
NL
Sworn Lo, and EE before me,
this ze ~dayviof = /¥.ciomtie~; 1986.
|
fi, {ol ,
Notary Public
Er, PILE b FT
Nohovn Paxla ah yas Dolly, Ged hE A .
hy Chniratiea Hxpicow 3 | £1
/
AFFIDAVIT OF JESSIE D. HORNE
STATE OF GEORGIA)
SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared JESSIE D. HORNE, who,
after being duly sworn, deposed and stated as follows:
l. My name is JESSIE D. HORNE. 1 am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of
any kind.
7.5 1 was a resident of Fulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
1 recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of. shooting a City of Atlanta
police officer. : ST |
3. 1 was not chosen as a juror in that case.
4, My race is Black.
This 254 day of “War ] FE) + 198%.
\ =i ysl
Sworn to and subscribed
before me, this 2
day of Hana ini 1987.
SK, Notary Public, Georgi Ago TE mrs denen stewie
«” NOTARY PUBLIC
AFFIDAVIT OF PATRICIA DUKES
STATE OF GEORGIA)
}SS5:
COUNTY OF FULTON)
Personnally before the undersigned officer duly authorized
by law to administer oaths, appeared PATRICIA DUKES, who, after
being duly sworn, deposed and stated as follows:
1. My name is PATRICIA DUKES, 1 am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of any
kind.
2. . I was a resident of Fulton County during 1978, and was
called for jury duty during the week of October 9, 1978, I
recall being questioned individually as one of a number of jurors
called as a potential juror in the trial of a man [Warren
McCleskey] accused of shooting an City of Atlanta police officer.
3. I was not chosen as a juror in that case. 1 was excused
by the prosecutor.
4. My race is Black.
thie 5. any of Zier 1986,
PATRICIA DUKES
Sworn to and subscribed before me,
this iy of Llo.0. y 1986.
1 DIES Lh ce 07
otarv Public Notary Public, Georgia, State at Large
My Commission Expires March 1, 1987
STATE OF GEORGIA
COUNTY OF FULTON
AFFIDAVIT
s fu My name is Harriet P. Morris. I reside at 4655 Jett
Road, N.W., Atlanta, Georgia 30327.
2. On Wednesday, May 20, 1987, I visited the Fulton County
Voter Registration Office, Room 106, 165 Central Avenue, S.W.,
Atlanta, Georgia 30335 to view the Master Voter Registration List
in use at the time of Warren McCleskey's trial in Fulton County
in October, 1978. The Voter Registration List is preserved on
microfiche, and ls available for public viewing in the
Registrar's office. The List which I viewed was current as of
July 28, 1978,
3 The Voter Registration List contains the following in-
formation: Name of Voter, Current Address, Voting Precinct, Con-
gressional District, State Senate District, State House District,
City Council District, Year of Birth, Race, Sex, and Date of
Oath.
4, By reviewing the Voter Registration List, I was able to
determmine the race of sixty-nine (69) of the seventy-two (72)
jurors who comprised the six (6) panels from which Warren
McCleskey's jury was chosen. See, Exhibit A.
5% The names of three (3) jurors whose names appear on the
jury list which is a part of the McCleskey record and who were
voir dired prior to the selection of the jury which heard the
case do not appear on the Voter Registration List which I viewed.
Jessie D. Horne, Panel No 8, Juror #85; Mary J. Cox, Panel 10,
Juror #111; Autry A. Dennis, Panel 11, Juror #127.
6. In an attempt to determine the race of these persons, I
viewed the Master Voter Registration List which immediately
preceded the July 28, 1978 list. This list, dated September 11,
1977, did not contain the names of these persons.
I reviewed the Trial Transcript of the Voir Dire and
Jury Selection to determine which prospective jurors had been
excused, which had been peremptorily stricken by the State and
the Defense, and which had ultimately been seated as jurors.
Further Affiant saith no more.
doisnil P Morvug
Harriet P. Morris
| “SWorn to and subscribed before me,
‘this’ the ANZ day of May, 1987.
2 Pe
‘Notary Public
My Commission expires: ¢/45/¢%
D-#
S-#
#1, #2
Exc.
27
SA-#
DA-#
Alt. #
REY TO JURY LIST
Defendant's Peremptory Strikes
State's Peremptory Strikes
Jurors Seated To Hear Case
Jurors Excused From Case
Jurors Who Were Voir Dired But Omitted From
The Striking Process; Trial Transcript Silent
As To Reason
State's Peremptory Strikes for Alternate
Jurors
Defendant's Peremptory Strikes for Alternate
Jurors
Alternate Juror
EXHIBIT A
JURORS IMPANELED FOR STATE v. McCLESKEY, A-40553
JUROR RACE JURY
PANEL NO 6
Philip 8S. Morris Ww D-1
Walters, Doris S. B S-1
Marshall, W. B., Jr. W D-2
Thompson, W.M. Ww Exc,
Hurd, Windle Ww. Ww Exc.
Shively, Lucille T. W D-3
Larson, Leonard J. Ww D-4
Walls, Edna B S-2
Bohler, MargueriteP. W #1
Hudgins, Ronald O. Ww #2
Glover, Mildred F. W D-5
Reale, Paul J. Ww #3
PANEL NO 7
Holder, John M. Ww D-6
Martin, Wayne F. Ww D-7
Hamilton, Robert L. B #4
Ballard, Carolyn J. W #5
Moore, Mildred R. W D-8
Smith, Robert E. Ww D-9
Mobley, Florence R. B S-3
Kimball, James L. Ww D-10
Nagle, Robert L. Ww #6
Gosden, Donald G. Ww #7
Weston, Barbara J. B Exc.
Sears, Robert C. Ww D-11
PANEL NO 8
Horne, Jessie D. S-4
Awtrey, Agnes C. Ww #8
Nahser, Marianne W. W #9
Watkins, Odel, Jr. B D-12
Sharpe, Rollin C. W D-13
James, Carol A. W D-14
McCadden, John F. B S-5
Hiles, Joseph W. Ww Exc.
Burnette, Robert F. W #10
Lutton, Jeannette W S-6
Cason, Emma T. W Exc.
Smith, Dorothy W. B D-15
JUROR RACE
PANEL NO 9
Darmer, Mary G. Ww
Lavroff, Waldtraut Ww
League, Joseph C. W
Kilgo, Suzanne H. W
Dane, Joseph R. Ww
Lane, William A. W
Mason, Johnson B. W
Hickey, Mrs. H.H. W
Montgomery, BruceE.W
Kirbo, Margaret L. W
Dukes, Patricia J. B
Beavers, WillardE. W
PANEL NO 10
Greene, William J. W
Abernathy, John M. W
Cox, Mary J.
Baldwin, Rodney C. B
Johnson, Wiley F. B
Williams, Clarence W
Conner, Robert L.
Turner, Marian D.
Ross, Marian C.
Underwood, Jean
McKibben, Mary Ww.
Parrish, Judy kK,
PANEL NO 11
o
i
l
re
ui
B
E
Vaughn, Agnes C. B
Alvarado, David Ww
Blackmon, Thomas F.W
Grove, Samille T. Ww
Guthrie, Nancy R. W
Becker, Cornelia V.W
Dennis, Autry A.
Walker, Leda L. W
Young, Margaret E. W
Buchanan, James F. W
Stansberry, Jeanne W
Betty G. W Jeter
JURY
#11
S-7
D-16
S-8
S-9
D-17
D-18
AFFIDAVIT OF DORIS F. WALTERS
STATE OF GEORGIA)
})SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared DORIS F. WALTERS, who,
after being duly sworn, deposed and stated as follows:
l. My name is DORIS F. WALTERS. I am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of
any kind.
2. 1was a resident of Fulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
1 recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of shooting a City of Atlanta
police officer.
3 I was not chosen as a juror in that case,
4. My race is Black.
This 29 day of allecam fees ; 1986,
wo fo Gal.
—_ . WALTERS
Sworn to and subscribed
before me, this AGH
day/of itis, 1986.
A scan
NOTARY CBUBLAG: Ft rip)
3 IE
My Commission Exp res Jui ty 31 LO
AFFIDAVIT OF EDNA WALLS
STATE OF GEORGIA)
}SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared EDNA WALLS, who, after
being duly sworn, deposed and stated as follows:
1. My name is EDNA WALLS. I am more than eighteen years
of age, and am under no legal disability of any kind. This
affidavit is given voluntarily and without coercion of any
kind.
2. 1 was a resident of Fulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
I recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of shooting a City of Atlanta
police officer.
3. 1 was not chosen as a juror in that case.
4.. My race is Black.
This Dei 3/, day of (750 , 1986.
bd nonlin. S$.)
EDNA -WALLS
Sworn to and subscribed
AFFIDAVIT OF JESSIE D. HORNE
STATE OF GEORGIA)
}SS:
COUNTY OF FULTON)
Personally before the undersigned officer duly authorized
by law to administer oaths, appeared JESSIE D. HORNE, who,
after being duly sworn, deposed and stated as follows:
l. My name is JESSIE D. HORNE. I am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of
any kind.
2. 1 was a resident of Pulton County during 1978, and
was called for jury duty during the week of October 9, 1978.
I recall being questioned individually as one of a number of
jurors called as a potential juror in the trial of a man
[Warren McCleskey] accused of shooting a City of Atlanta
police officer.
3. 1 was not chosen as a juror in that case.
4. My race is: Black.
This 2-H day of car ' 198}.
+
Nei Olin Ss.)
JE SIE D. HORNE
Sworn to and subscribed
before me, this LEA
a ————————
day of J Des oles, 1987.
TE Wor Notary Public, Georgia, State at Large
” - : [|] -
“NOTARY PUBLIC YAommisson Expires Sent. 5, 1947
AFFIDAVIT OF PATRICIA DUKES
STATE OF GEORGIA)
}SS:
COUNTY OF FULTON)
Personnally before the undersigned officer duly authorized
by law to administer oaths, appeared PATRICIA DUKES, who, after
being duly sworn, deposed and stated as follows:
1. My name is PATRICIA DUKES. I am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of any
kind.
2. I was a resident of Fulton County during 1978, and was
called for jury duty during the week of October 9, 1973. 1
recall being questioned individually as one of a number of jurors
called as a potential juror in the trial of a man [Warren
McCleskey] accused of shooting an City of Atlanta police officer.
3. "I was not chosen as a juror in that case. I was excused
by the prosecutor.
4, "My race is Black.
thie 4 anv of Ziv ~ 1936.
PATRICIA DUKES
Sworn to and subscribed before me,
this «Pay of [loo , 1986,
otary Public Notary Public, Georgia, State at Large
My Commission Expires March 1. 1987
AFFIDAVIT OF FLORENCE MOBLEY
STATE OF GEORGIA)
)SS:
COUNTY OF FULTON)
Personnally before the undersigned officer duly authorized
by law to administer oaths, appeared FLORENCE MOBLEY, who, after
being duly sworn, deposed and stated as follows:
1. My name is FLORENCE MOBLEY. I am more than eighteen
years of age, and am under no legal disability of any kind.
This affidavit is given voluntarily and without coercion of any
kind.
2. IT was a resident of Fulton County during 1978, and was
called for jury duty during the week of October 9, 1978, I
recall being questioned individually as one of a number of jurors
called as a potential juror in the trial of a man [Warren
McCleskey] accused of shooting an City of Atlanta police officer.
3..-1 was not chosen as a juror in that case.
This day of Ee gpltn , 1986
# )
PPA aE
CF ORENCE MOBLEY
Sworn to, gnd subscrihed before me,
this [> day of + eife~, 1986.
|
)
Coches 4 pie
Nota vo Public
ah eta Cog iy, Georgia.
ty Coinatisioa fxpires . 3 #9)
STATE OF GEORGIA ) Se:
COUNTY OF FULTON ) :
JILL DARMER, being duly sworn, states:
1. I am a citizen of the State of Georgia. I reside at 1445
Monroe Drive, N.E., in Atlanta, Georgia. In 1978, under my former
married name, Marg Darmer, I served as a juror in the trial of Warren
McCleskey.
2. Our jury had a hard struggle with the evidence in this
Case. We discussed the issue of guilt or innocence for a long time.
We were able to agree without alot of difficulty that all four men,
including Warren McCleskey, had at least participated in the armed
robbery. But the issue of responsibility for the shooting was
different.
3. The evidence about who fired at Officer Schlatt struck
me as far too pat. The Atlanta Police Department was obviously disturbed
that one of its officers had been killed. I had the feeling, however,
and other jurors did as well, that the State had decided to pin the
shooting on Warren McCleskey, even though the evidence was not
clearcut that McCleskey had actually been the one who fired the shots
at the officer.
4. The testimony from Ben Wright, the other co-defendant,
didn't impress us much, since he obviously could have committed the
shooting himself and had everything to gain by blaming McCleskey.
The evidence on who was carrying the silver gun seemed to point to
McCleskey, but it was contradictory at several places. Several
witnesses stressed McCleskey had been the one to come into the front
of the store, but three of the robbers gathered all the store personnel
together in the middle of the store, and nobody even saw which one of
the three ran toward the front when Officer Schlatt arrived.
5. That left us with the testimony of Offie Evans, who had
been in the cell next to McCleskey. Evans told us that McCleskey had
admitted to him that he had shot Schlatt; McCleskey even said he would
have shot his way out no matter how many police had been there. This
testimony made a real difference in my opinion. Unlike Ben Wright, I
didn't think Evans had anything to gain. I knew Evans had a prior
criminal record -- they brought that out during the trial -- but,
despite that, I didn't see any reason why he would deliberately tell
a lie to get McCleskey into trouble.
6. We finally decided to convict McCleskey of malice
murder, even though some of us continued to have some doubts about
the evidence.
7. I was surprised after we gave our verdict when they told
us we would have to determine the sentence. I thought the judge would
do that; so did some of the other jurors, I remember. During the
penalty phase, some of us talked alot about our doubts on who did the
shooting. This was a very close case for me on whether to give life
or death. If we had found any valid reason not to give death, I am
certain that I, and a number of other jurors, would never haven given
McCleskey a capital sentence. But the defense attorney, honestly, just
wasn't nearly as good as the prosecutor. We weren't given any real
reasons we could stand by, except our doubts about who did it, to vote
for a life sentence. On the evidence we had, even though it was
Very, very close, I think we did the right thing.
8. Earlier this week, two persons involved with McCleskey's
defense came to see me at my apartment. They asked me what I remembered
and I told them. TI was very disturbed when I learned that a police
detective had promised Offie Evans in 1978 to speak with federal
authorities on his pending escape charge.
9. My own vote depended alot on Evans' testimony. The
idea that Evans might have testified hoping to avoid conviction on
federal escape charges changes my view of the whole trial. It gave
Evans a strong motive to lie that we didn't recognize at the time.
10. As I said, this was for me a very close case. It took
Evans' testimony for the State to prove to me, beyond a reasonable
doubt, that McCleskey was the triggerman. Without Evans' testimony
I definitely would not have voted for a death sentence, and I believe
at least a few other jurors would have agreed.
ll. Let me go further. I knew then that it only takes one
juror to hold out against the rest. I am certain that had I known
that Offie Evans had an arrangement with an Atlanta detective -- if
I had heard Evans' testimony in the state habeas corpus proceedings --
I would never have voted to impose capital punishment. I believe I
could have remained firm in my vote no matter what other jurors may
have decided. It would have been enough to leave a big question in
my mind about who actually killed Officer Schlatt.
12. The crime McCleskey and his three friends were involved
wag very serious, but so is a death sentence. Our jury
tried hard to do the right thing in a very difficult case. I think
we were entitled to all the evidence. It pears we didn't get ‘it.
Ji11 Darmer
Sworn to and subscribed before me
this 12™ day of May, 1987
dont ef ’P: Monsis
Notary Pubtic. Fulton County. Georgia
My Commission Expires May 30, 1990
STATE OF GEORGIA I aes
COUNTY OF GWINNETT ) y
ROBERT F. BURNETTE, being duly sworn, states:
l. I am a citizen of the State of Georgia. I reside
at 213 Kenvilla Drive, Tucker, Georgia 30084. In 1978, I served
as a juror during the trial of Warren McCleskey in the Superior
Court of Fulton County, Georgia. If I had known during the trial
what I have recently learned about one of the State's key witnesses,
Offie Evans, I believe it could have made a difference in whether I
voted for a death sentence, and I believe it would have affected
some of the other jurors too.
2. It wasn't an easy case. We spent a long time
discussing the State's evidence. All of the jurors in our case
were very responsible and concerned to be fair. It did seem clear
that, from the evidence we heard, McCleskey had been one of the four
men who robbed the Dixie Furniture Store. The hard question for us
was whether he was actually the one who shot the police officer,
and whether it had been with malice.
3. Ben Wright, the other robber who testified for the
State, said that Warren McCleskey had admitted the shooting. I
honestly never trusted Wright and I don't think the other jurors did
either. He seemed like a man without a conscience. He was very
cool and arrogant when he testified. I had the feeling that if he
had done the shooting himself, he wouldn't have had any remorse at all.
4. I also remember Offie Evans, who had been in jail, and
who testified that McCleskey had admitted to him that he had done it.
Evans also said, I remember, that McCleskey told him he would have
shot other policemen to get out of there. That was important
evidence to us. It looked like Evans had nothing to gain from what
he said.
5. We finally decided that whoever shot the policeman
had deliberately tried to take his life. I was not 100 percent sure
that McCleskey was the triggerman since there was nothing that
absolutely proved he was the one -- but on the evidence we were given
he seemed to be the one.
6. When we started to discuss the sentence, our decision
got even harder. It seemed we took a very long time, and some of us
were looking for a good reason, any reason, to give McCleskey a life
sentence. I come from a broken home myself; I was passed around from
relative to relative coming up, and I spent a year and a half in the
Methodist Orphanage. I know that what a person's been through can
affect his view of life. But no one in this case gave us any real
reason to vote for life.
7. Even without any background on McCleskey, it was a
very hard thing to vote for death. TI remember I did so only because
I thought, based on the evidence we had, that McCleskey had
deliberately taken that officer's life.
8. On May 7, 1987, two people representing McCleskey came
to ask me about the case. After I told them what I remembered, they
told me about the Atlanta police detective who had promised to speak
to federal people about Offie Evans' escape charge that he had at
the time of the trial. Nobody ever told us about that during the
trial. 1t puts a very different light on Evans' testimony. It
sounds like he was probably hoping to get off of his escape case by
testifying against McCleskey. The jury should have known that, I
think. It changes the State's whole case.
9. Like I said, we had a hard time deciding who did the
shooting, and a hard time deciding to impose the death sentence. I've
read the part of the trial transcript where Evans testified, and
I've also read what Evans said in the state hearing in Butts County.
I would definitely not have voted to sentence McCleskey to death if
I had thought he might not have been the triggerman. Even without
Offie Evans' testimony, l've naturally wondered alot if I did the right
thing. Knowing now that Evans could have lied to cover his deal with
the detective definitely could have made a big difference to me, and to
other jurors, I think -- at least in deciding to give the death
penalty. It keeps me from being sure, and 1 don't see how you can
impose the death penalty if you're not very sure.
10. Apart from Ben Wright, who might have done it himself,
and from some evidence about who had the murder weapon, which never
quite added up, the whole case against McCleskey for shooting the
policeman came down to Offie Evans. If he was just testifying to
save his own skin, I couldn't have trusted that. No one can always be
certain, but I honestly do think knowing about his deal with the
detective could have made the difference to me. It doesn't seem
Robert F. Burnette
fair that we weren't told about it. i
Aad
lg Py
Sworn to before me this ql day
of May, 1987
Horued £. Howus
Notary Public, Fulion County. Ceorgl a
My Commission Expires May SO, 1650
¥
MEMORANDUM
TO: MCCLESKEY FILE
FROM: RHS
RE: GIGLIO
There are a number of new cases which should be
considered in any new briefing with the Supreme Court on
Giglio. The 11th Circuit ruled against McCleskey on his
Giglio claim on 2 points (1) .Was the promise to Offie Evans
a "Giglio" promise and (2) Even 1f it was, was it's non-
disclosure harmless error?
There are a number of Circuit Court cases which are
contrary to the 11th Circuit's holding that a non-specific
promise, such as was made to Offie Evans, is not covered by
Giglio. Aside from the earlier cases (Boone v., Paderick,
547 F.28 447 (4th Cir., 1976); Campbell v, Reed, 594 F.27 14
(4th. Cir., 1979); DuBose v, Lefevre, 619 F.24 973 {2nd Cir.,
1980) there is also: Bagley v. Lumpkin, 798 F.24 1237 (3th
Cir., 1986) and Haber v, Wainwright, 756 F.24 1520 {31th
Cir., 1985).1. These all go to the 1st question disposed of
by the 11th Circuit--whether the promise to speak a good
word was a Giglio promise.
7 The Eleventh Circuit has been busy distinguishing
McCleskey. It did so in both Haber, supra, and Brown v.
Wainwright, 785 F.24 1457 (11th Cir., 1986). Haber, by
limiting McCleskey's reach so dramatically, may hurt us as
much as help us in the Supreme Court.
The 2nd question--the harmless error question--creates
more problems than the 1st. It is essentially a factual
question, with the rival statements of fact being Roney's
for the majority and Godbold for the dissent.
There's not much in the way of law to help on this
point. There is the Supreme Court's intervening decision in
United States v. Bagley, 105 S.Ct. 3375 (1985) but it
doesn't really add anything new to the Giglio analysis.
The thing that is hard to get hold of with Roney's
opinion is that his recitation of facts could have been
written in support of a decision granting relief. It's just
that the conclusion is wrong. He cites the correct law; he
recites many of "our" facts, he just comes oul the wrong
way.
It seems to me his recitation of the fact that the
prosecutor relied directly upon Evans's testimony in his
closing argument should support us in our meeting the Giglio
test for materiality. The fact that the prosecutor made
other arguments does not mean that the State has shown that (
Evans's testimony was either non-critical nor unworthy of
belief so as to render the promise evidence immaterial. Is
there any law to be found to support us on this point?
The overriding problem with the Giglio claim is: How
is the 11th Circuit's harmless error analysis a Supreme
Court issue?
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a statute. We'll certainly waive his
presence for the stipulation, assuming he's
on the way back and it's just a matter of
his coming, I think we'll waive his
presence.
THE COURT: Open the door, Mr. Stroup
and see if they're in there. I heard
coughing just a moment ago,
MR. BOUGER: There were witnesses to
whom I believe his presence was quite
important.
THE COURT: Well, he's been here except
for the last five minutes,
MR. BOGER: That's correct. 1£ the
Court is inclined to wait, I'l11 be ~~ that's
obviously fine by us and the client --
THE COURT: Apparently he'll be here in
a minute or two. Just go get worthy and
let's get him sworn and we'll be ready.
Come up front to be aworn if you will.
(Whereupon, a discussion ensued off
the rtecord.)
Whereupon,
ULYS5EBS WORTHY,
having been duly sworn, was examined and testi-
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25
fied as follows:
EXAMINATION
BY MR. BOGER:
Q Mr. Worthy, what's your current
employment status?
A I'm clerk at Spellman College.
Q All right. And prior to 198) what was
your employment?
A Fulton County Sheriff's Department.
Q What was your role at Fulton County
Sheriff's Department?
A I was a captain of the day watch in
charge of the jail detention.
Q That's at the Fulton County Jail?
A Fulton County Jail, yes, sir.
Q And captain of the day watch meant
what? What was your basic responsibility?
A Supervising of the employees and
inmates.
Q How long did you serve at the Fulton
County Jail?
A Approximately 19 years, 18 or 19 years.
Q And how long were you captain?
A Twelve.
Q All rignt. Do you recall an inmate in
®
3
ON
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your institution in 1978 named Offie Gene Evans?
A Yes, 8ir I recall the name.
Q Okay. Do you remember ever having
conversations with Mr. Evans yourself?
A Yes, sir. I remember talking with Mr.
Evans. The nature of the conversation I just
can't really remember at this particular time.
Q DO you remember whether you ever spoke
with him about the death of police officer Frank
Schlatt?
A I believe we did mention that.
Q Dia he ever tell you -- were you in the
presence of any other official, State -- City of
Atlanta, Atlanta Police or District Attorney or
someone from their office?
A You mean during the course of that
particular conversation?
Q During those conversations.
A l really don't recall during those
conversations,
Q Let me be more specific. Do you recall
any time when you may have met with Mr. Evans and
Detective Sidney Dorsey?
A Yes, sir, 1 believe so.
Q Okay. And do you recall during that
147 -
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conversation that you think you recall, whether
Or not you discussed the McCleskey case or the
S8chlatt murder?
A If 1 can remember correctly, that
conversation was brought up between Detective
Dorsey and Mr. Evans. 1f I can recall,
Q And you were simply present, you were
not a participant?
A No, I was not a participant. I was
present.
Q Okay. Were any other people there at
that time or was that the three of you together?
A I don't recall whether his partner was
with him or not. i really don't know,
Q Okay. DO you recall Mr. Dorsey saying
to Mr. Evans that he wanted him to -- let me
withdraw that question.
Do you recall whether Mr. Dorsey asked
Mr. Evans to listen to what he heard in the Jail
from those who may have been near him?
A NO, sir, 1 don't recall that.
Q Do you recall whether he asked him to
engage in conversations with somebody who might
have been in a nearby cell?
A Seems I recall something being said to
oO
On
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25
that effect to Mr, Evans.
Q Okay.
A But I'm not sure that it came from Mr.
-- from Detective Dorsey or who,
Q In other words, somebody present in
that conversation said that but you're not
certain whether it was Mr. Dorsey or perhaps his
partner or somebody else there?
A I'm really not sure.
Q Okay. Did Mr. Evans, to your
recollection, agree that he would do that?
A I'm not sure,
Q Now, during earlier proceedings in this
case Mr, Evans gave some testimony, I'd be glad
to show it to you if vou'd like to read it, in
which he said at one point Mr. -- Detective
Dorsey promised to speak a word for him.
M8. WESTMORELAND: Your Honor, 31'11}
object to getting back into the Giglio
issue again.
THE COURT: If the purpose 18 refresh-
ing nis recollection only, I'll allow it,
i£ it does.
BY MR. BOGER:
Q That he would speak a word with him
24
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with respect to Federal charges, pending Federal
charges if he gave testimony against Mr.
McCleskey at trial. DO you recall whether
Detective Dorsey said that during this
conversation?
A
NO, 8ir, I do not,
Q Do you recall whether they discussed at
all what might be involved for Mr. Evans if he
would serve as a listening post during any of the
conversations with Mr. McCleskey?
A l don't recaill that, sir.
Q SO generally your testimony is then, as
I understand it, is that You're not sure about
those aspects of the conversation but you do
remember a conversation where My, -- Detective
Dorsey was present and Perhaps some other officer
as well and Mr. Evans and someone of those
officers asked Mr, Evans to engage in
conversations with McCleskey who was being held
in the jail?
A I believe so.
Q
Okay. Now, did you ever have any
[ Subseguent Conversations where -~- or Subsequent
meetings with Mr, Evans where he reported back to
@elther Mr. -- Detective Dorsey or his partner?
24
25
A If I'm correct, I believe that he had
requested to call them.
Q In other words, after this meeting Mr.
Evans requested at some later occasion to call
those detectives?
A Correct.
Q And they came back out and met with him
or what?
A Well, they were out several times.
Q Okay. And do you remember at one point
Russell Parker or Detective Welcome Harris coming
and using your office to interview Mr. Evans?
A Yes, sir.
Q Was Sidney Dorsey there on that
occasion?
A I can't remember.
Q You weren't present during that
meeting, were you?
A At one time I was in the office but 1
wasn't part of the meeting.
Q Okay. And sO that may well have been
the occasion you're talking about where Mr. Evans
called subsequently and came back -- they all
came back out?
A Could have.
24
25
Q Now, Mr. Worthy, was there ever an
occasion during your twelve years as captain
where the police would ask to have someone placed
in a cell near another person on the
understanding that one of the people was likely
to listen in on the other inmate and maybe get
some information that would be useful to the
police?
MS. WESTMORELAND: Your Honor, 1
would object unless it's related to this
specific case. What may have happened
in other cases is totally irrelevant,
THE COURT: Overruled.
BY MR. BOGER:
Q You can answer.
A Yes, I have had that request.
Q And when a request like that was made,
would you honor it?
A Yes, sir,
Q Okay. Did that request need to be from
Louis Slayton or the head of the Atlanta Bureau
of Police Services or could any detective or
Other person make that kind of request?
A Usually it would be determined by the
officer that's handling the case.
wil15: =
Q Okay. Do you recall specifically in
this case whether such a request was made?
A Yes, sir.
Q Who made the request?
A 1 really don't know, sir.
Q And was Mr. Evans put in a cell next to
Mr. McCleskey?
A To my recollection he was.
Q Okay. And that was at the request of
some officer who made the -~-
A The officer on the case.
MR. BOGER: Excuse me one second,
Your Honor.
(Whereupon, a discussion ensued off
the record.)
MR. BOGER: No further questions.
THE COURT: Okay, cross,
EXAMINATION
BY M8. WESTMORELAND:
Q Mr. Worthy, let me see if I understand
this. Are you saying that someone asked you to
specifically place Offie Evans in a specific
location in the Fulton County Jail so he could
overhear conversations with Warren McCleskey?
A Yes, ma'am.
®
NN
oO
o
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Q When was that request made and by whom?
A I don't know exactly who made the --
who asked for the request but during this
particular time there were several interviews of
Mr. Evans by various officers.
Q All right, Ang —-
A And the exact one that asked that
request be made, I really can't say now, I
really don't know,
Q All right, Now, 80 you're saying they
did -- they wanted Mr. Evans to go in and serve
as a listening post? 1s that what they asked you
to Go?
A Well, they asked that he be placed near
Mr. McCleskey.
Q Was that when Mr, Evans first came into
the jail?
A I'm not sure whether that was when he
first came in or not. I'm not sure,
Q Mr. Worthy, do you remember having a
conversation with me out in the hall shortly
before this hearing began, early this afternoon?
A Yes,
Q DO you remember my asking you If anyone
ever asked you to plant someone in a jail cell Or
n
t
e
a
W
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N
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have them planted there to serve as an informant?
A Well, now, when you said plant I looked
at that differently than from someone who was
already in jail and being requested to be placed
in jail.
Q So you're saying that placing somebody
there you don't mean the same thing that you did
when you said -- when you were talking about
planting someone in jail?
A No, that's different.
Judge, may 1 clarify that?
Usually when they said plant someone in
jail, that someone is brought in off the street
and placed in there and in this particular case
this particular person was already incarcerated.
They just asked that he be moved near where the
other gentleman was,
Q Where was Mr. Evans housed when he was
originally brought into the Pulton County Jail?
A l really don't know, That's the casing
Officer that take care -0of that, I really don't
Know,
Q DO you -- you don't recall when it was
that you were asked to move Mr. Evans then?
A NO, nROt after he came into the jail, 1
- 155% ~
do not.
Q Do you have any idea how long a time
period might have passed?
A No, ma'am.
Q Do you know {if he overheard any
conversations based on anything at that point in
time?
A At that time, I 40 not.
Q And you don't recall who made this
request of you?
A No, na‘'am, I don't.
MS. WESTMORELAND: If I may have a
moment, Your Honor.
(Brief pause.)
MS. WESTMORELAND: Your Bonor, I don't
have any further questions of Mr. Worthy.
TBE COURT: Redirect?
MR. BOGER: No questions, Your Honor.
THE COURT: All right. You can be
excused.
(Whereupon, the witness was excused
from the witness stand.)
THE COURT: Anything else for the
Petitioner?
MR. BOGER: 1 guess we have the
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