Northern District of Georgia, No. C87-1517A - Witnesses - Evans, Offie

    STATE OF GEORGIA ) 
COUNTY OF FULTON ) 

Ss: 

JILL DARMER, being duly sworn, states: 

l. 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 

ati 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, 1 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. 

11. 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 

was very serious, but so is a death sentence. Our jury 

tried hard to do the right thing in a very difficult case. IT think 

we were entitled to all the evidence. It Xpears we didn't get it. 

\ de 
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Jill Darmer 
Sworn to and subscribed before me 

this 122 day of May, 1987 

2 ap Mirna 
  

Notary Pubic, Fulton County, Georgia 
My Commission Expires May 30, 1950 

 



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STATE OF GEORGIA ) ; 
COUNTY OF GWINNETT ) SS° 

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 

gome 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. TI 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. I 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. It 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, 1'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 I 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 

4 1 

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pr | 
Robert F. Burnette 

fair that we weren't told about it. 

  

  

Sworn to before me this q2 day 
of May, 1987 

Horned’ £ ‘ Mowe, 
  

gn © 770 oh hey vais rvs 3A A 
Notary Public, Fulion Coun 

   My Commission Expires May 30, 1 

 



  

4 
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STATE OF GEORGIA 
COUNTY OF FULTON 

AFFIDAVIT 
  

y J" 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 is 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. 

Te 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. 

dan zuat” P Morus 
  

Harriet P. Morris 

Sworn to and subscribed before me, 

this the 4/Z day of May, 1987. 
J Sy A 7 A, J ’ 

(Lie Sf fe A ftir 
Notary Public 
  

My Commission expires: ¢/15/¢f 

 



  

D-# 

S-# 

#1, #2 

EXC. 

IN)
 

BX
 

SA-# 

DA-# 

Alt. # 

KEY 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 
  

 



w 

JURORS IMPANELED FOR STATE v. McCLESKEY, A-40553 
  

  

    

    

    

    

JUROR RACE JURY JUROR RACE JURY 

PANEL NO 6 PANEL NO 9 

Philip S. Morris Ww D-1 Darmer, Mary G. Ww #11 

Walters, Doris S. B S-1 Lavroff, Waldtraut WwW S-7 

Marshall, W. E., Jr. W D-2 League, Joseph C. W D-16 

Thompson, W.M. Ww Exc. Kilgo, Suzanne H. W S-8 

Hurd, Windle W. Ww Exc. Dane, Joseph R. Ww S-9 

Shively, Lucille T. W D-3 Lane, William A. Ww D-17 

Larson, Leonard J. Ww D-4 Mason, Johnson B. W D-18 

Walls, Edna B S-2 Hickey, Mrs. H.H. W #12 

Bohler, MargueriteP. W #1 Montgomery, BruceE.W 2? 

Hudgins, Ronald O. W #2 Kirbo, Margaret L. W 2? 

Glover, Mildred F. W D-5 Dukes, Patricia J. B SA-1 

Reale, Paul J. W #3 Beavers, WillardE. W DA-1 

PANEL NO 7 PANEL NO 10 

Holder, John M. Ww D-6 Greene, William J. W DA-2 

Martin, Wayne F. W D-7 Abernathy, John M. W Alt.1 

Hamilton, Robert L. B #4 Cox, Mary J. SA-2 

Ballard, Carolyn J. W #5 Baldwin, Rodney C. B Alt.2 

Moore, Mildred R. Ww D-8 Johnson, Wiley F. B 

Smith, Robert E. Ww D-9 Williams, Clarence W 

Mobley, Florence R. B S-3 Conner, Robert L. W 

Kimball, James L. W D-10 Turner, Marian D. W 

Nagle, Robert L. Ww #6 Ross, Marian C. B 

Gosden, Donald G. Ww #7 Underwood, Jean Ww 

Weston, Barbara J. B Exc. McKibben, Mary W. B 

Sears, Robert C. Ww D-11 Parrish, Judy K. B 

PANEL NO 8 PANEL NO 11 

Horne, Jessie D. S-4 Vaughn, Agnes C. B 

Awtrey, Agnes C. W #8 Alvarado, David Ww 

Nahser, Marianne W. W #9 Blackmon, Thomas F.W 

Watkins, Odel, Jr. B D-12 Grove, Samille T. W 

Sharpe, Rollin C. W D-13 Guthrie, Nancy R. W 

James, Carol A. W D-14 Becker, Cornelia V.W 

McCadden, John F. B S-5 Dennis, Autry A. 

Hiles, Joseph W. Ww Exc. Walker, Leda L. Ww 

Burnette, Robert F. W #10 Young, Margaret E. W 

Lutton, Jeannette Ww S-6 Buchanan, James F. W 

Cason, Emma T. Ww Exc, Stansberry, Jeanne W 

Smith, Dorothy W. B D-15 Jeter, Betty G. Ww 

 



  

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. 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. I was excused 

by the prosecutor. 

4, My race is Black. 

Wile 4 day of iri 21986, 

"PATRICIA DUKES 

  

  

Sworn to and subscribed before me, 

  

  

this: << 753ay of JL. 1986, 

Wotary EY ES Notary Pubic, Georgia, State Large 
My Commission Expires March 1, 1987 

 



  

AFFIDAVIT OF JESSIE D. HORNE 
  

STATE OF GEORGIA) 

}58: 
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. I 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. : {dpe 

3... 1 was not chosen asia juror in that case. 

4, My race is Black. 

; : >) Gr This 25 y day of “Wacer.] 187) , 198%. 

(NCard Severin ints 
[) JESSIE D. HORNE 

{ 
A 

  

  

  

Sworn to and subscribed 

  

before me, BR 

  

> 3 A , Notary Pubic, 
«Gy My Commission Georgia, State at Largs 

fon Expires Seqt, 5, 1987 

  

ACA 
Reiss Y SOBLIE 
  

 



  

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. "1'was a resident of Fulton Countyiduring 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. My rpce is Black. 

A= 
  

  

  

BEN on fe Thies 1 day ‘of i) 2Cem tues. ' 1986. 
oT) ( A 

( : £7") T= {7 —) 52 — ¥ pK, Leo Lp oni) VF K0, 
C FJ.ORENCE-HOBLEY 7 / / 

( Wi 
Ni” 

Sworn to,gnd Se before me, 
this [2~ day of _ [De cewmfe~, 1986. 

< 

& | a By 
/ J TN ; [ : 

  

ye Soot 3 Public. 
1 AITO LOUD Ge 

. . 1 . Sry . 
Yay Conmalasion EpILes 7 [1 ) | 

 



  

AFFIDAVIT OF EDNA WALLS 
  

STATE OF GEORGIA) 

}8S: 
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: 

l. 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. 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 a City of Atlanta 

police officer. 

3... 1 was not chosen as a juror in.that case. 

4. My race is Black. 

This Bc, 3], day of /7 5 , 1986. 
  

  

on Ape (1,. 5.) 

EDNA WALLS 
  

Sworn to and subscribed 

Sa ot i JUDE A 
before me, this - JT 

te ———————— 
News 4 

  

WO ae a C La) / 1 rn. (Aa   
ROTARr Tune 0 

 



  

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. 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 a City of Atlanta 

police officer. 

3. I was not chosen «as.a. Juror in that case. 

4, ‘My race is; Black. 

This 9A day of rcs 2471 Ae ; 1986, 
1%     

  

Sworn to and subscribed 

before py this 2G 

’ 1986. 

i flan A. Lecan 
  

  

T NOFARY cRUBLEC: At  Largf) 

My Commission Expires Ju ily 31, 3 

 



  

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