Transcript of Proceedings Vol. 3

    IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF GCEORGIA 

ATLANTA DIVISION 

WARREN MCCLESKEY, DOCKET NO, C37—-1517A 

PETITIONER, ATLANTA, GEORGIA 

~Y&- ALIGLIST 10, 1987 

RALPH M. KEMP, SUPERINTENDENT, 

GEORGIA DIAGNOSTIC AND 

CLASSIFICATION CENTER, 

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RESPONDENT, 

VOLUME i 

TRANSCRIPT OF PROCEEDINGS 

BEFORE THE HONORABLE J. COUWEN FORRESTER. UNITED STATES DISTR 

JUDGE 

APPEARANCES OF COUNSEL: 

FOR THE PETITIONER: ROBERT H. STROUF,. ESA. 

JOHN CHARLES BOGER. ESO. 

FOR THE DEFENDANT: MARY BETH WESTMORELAND, ESG. 

SYDNEY HUSEBY 

OFFICIAL COURT REPORTER 
UU. =, COURTHOUSE 

ROOM 2347, 7% SPRING STREET: S.W. 

ATLANTA, GEORGIA 3I0303X 

  

  

 



  

  

  

(ATLANTA, FULTON COUNTY, GEORGIA AUGUST 10, 1987, 

IN OFEN COURT.) 

THE COURT: ARE THERE ANY WITNESSES PRESENT IN THE 

COURTROOM? 

MS. WESTMORELAND: YOUR HONOR, WE HAVE NO WITNESSES 

r PRESENT IN THE COURTROUM. 

MR. BOGER: NONE, YOUR HONOR. 

THE COURT: ALL RIGHT, MS, WESTMORELAND. WHAT DO YG 

FROFOSE TO DOY 

MS. WESTMORELAND: YOUR HONCR, WE HAVE ADVISED, 1 

RELIEVE, THE COURT AND MR. BOGER AS WELL. WE HAVE SIX 

WITNESSES THAT WE ANTICIPATE CALLING TODAY. ALL OF WHOM DIO 

TESTIFY BEFORE THE COURT PREVIOUSLY. AND WE WOULD PROPOSE TO 

CALL THOSE WITNESSES FOR A LIMITED PURPOSE TO ADDRESS 

SPECIFIC TESTIMONY THAT CAME QUT AT THE CONCLUSION OF THE 

VERY LAST HEARING, THE LAST DAY, THE TESTIMONY OF MR. WORTHY, 

SPECIFICALLY. 

AS I ALREADY INDICATED QUR FIRST WITNESS HAS NOT 

ARRIVED YET. I UNDERSTAND HE IS ON THE WAY. HE SHOULD EE 

HERE SHORTLY. I APOLOGIZE FOR THE DELAY. EVERYBODY WAS 

SUBPOENAED FOR 9:30 AND JUST DIDN’T SEEM TQ MAKE IT HERE ON 

TIME THIS MORNING. 

THE COURT: WHO IS IT? 

MS. WESTMORELAND: ITS MR. WORTHY. 

  

  

 



  

  

  
30

 

THE COURT: I GATHER FROM SOME CORRESPONDENCE I SAW. 

MR. BOGER. THAT YOU HAVE SOME OBJECTIONS TO THIS PROFOSALTY 

MR. BOGER: WE DO, YOUR HONOR. WE, I BELIEVE, MADE A —+ 

OR FILED A MOTION. THE MOTION WAS ADDRESSED TO YOUR HONORE 

DISCRETION. YOUR HONOR DOES HAVE DISCRETION IN TERMS OF THE 

ORDER OF PROOF TO PRECLUDE THE OTHER SIDE FROM RECALLING 

| PEOPLE. THEY AAVE HAD A CHANCE TO EXAMINE THEM ON 

CROSS~-EXAMIMATION, AND THEY HAVE BEEN EXCUSED OR FERMITTEDR TO 

BE EXCUSED. FOUR OF THE SIX WITNESSES THAT MI. WESTMORELAND 

HAS NOTIFIED US SHE INTENDS TO CALL THIS MORNING WERE 

WITNESSES WHOM SHE DID HAVE AN OPPORTUNITY TO EXAMINE. SHI 

SAID NO FURTHER QUESTIONS, AND SHE FINISHED HER 

CROGS-EXAMINATION., THE WITNESSES WERE EXCUSED, AS —— THOSE 

FOUR ARE DETECTIVES HARRIS, JOWERS. DORSEY, AND MR. WORTHY. 

AZ TO RUSSELL PARKER: THE ASSISTANT DISTRICT ATTORNEY 

AND DEPUTY HAMILTON, THE ASSISTANT JAILER AT FULTON COUNTY 

JAIL, MRS. WESTMORELAND RID NOT MAKE A SIMILAR RESIGNATION, 

AND WE THINK SHE IS ENTITLED TO CALL THOSE WITNESSES. 

OUR ARGUMENT, YOUR HONOR, IS BRIEF. WE THINK THAT THE 

COURT GOT STRAIGHTFORWARD TESTIMONY FROM ALL OF THESE 

WITNESSES WITHOUT REALLY EXTENSIVE PREPARATION. INDEED, 

WITHOUT INTERVIEW BY EACH SIDE, CERTAINLY NOT BY QUR SIDE. 

THERE 1S NO EXCUSE OFFERED BY THE STATE FOR THEIR FAILURE TO 

FULLY EXAMINE EACH OF THOSE WITNESSES, INCLUDING MR. WORTHY. 

CERTAINLY, MR. WORTHY HIMSELF WAS HERE, AND WHATEVER 

  

  

 



  

    

TESTIMONY HE OFFERED WAS AVAILABLE TO THE STATE FOR 

CROSS-EXAMINATION AT THAT TIME. WE DON'T THINK THE COURT 

CONTEMPLATED WHEN IT GAVE A NEAR-MONTH RECESS OF THIS HEARING 

ANYTHING OTHER THAN PRESENTATION OF NEW EVIDENCE. I DONT 

THINK THE COURT HAD IN MIND, AT LEAST ITS GUR SUBMISSION 

THAT IT WOULD HAVE BEEN INAPPROPRIATE SIMPLY TO INVITE THE 

OTHER SIDE TO CONFER AND THINK OUT SOME WAY TO RESPOND TO 

TESTIMONY THAT HAD BEEN FROFFERED, CERTAINLY NOT WHEN ONE OF 

THE THINGS THATS ALLEGED IS THAT THERE MAY HAVE BEEN 

ACTIVITY BY THE FOLICE FORCE AND PROSECUTORS IN FULTON COUNTY 

Ta, IF YOU WOULD, SHIELD A RELATIONSHIP BETWEEN MR. EVANS AND 

THEIR DEPARTMENT FROM DISCLOSURE. 

WE THINK THAT THERE WoULD BE PREJUDICE TD THE 

DEFENDANT BY FERMITTING THE RECALLING OF THOSE WITNESSES AT 

THIS TIME AND FOR THAT REASON HAVE MADE THE MOTION, YOUR 

HONOR. 

THE COURT: ALL RIGHT. WHY IS IT NECESSARY TO RECALL 

il
 

ES? THESE WITNES! 

MZ. WESTMORELAND: YOUR HONOR, I WOULD POINT OUT To 

THE COURT THAT THE CIRCUMSTANCES UNDER WHICH WE HELD THE LAST 

HEARING CERTAINLY WERE EXPEDITED BY NECESSITY. OBVIOUSLY, 

BECAUSE OF PENDING —-- THE PENDING EXECUTION DATE. AT THE 

TIME WE CALLED WITNESSES. IN PARTICULAR, JOWERS. HARRIS, AND 

DORSEY. 

THE ALLEGATION BEING ADDRESSED BY THE COURT AT THAT 

  

  

 



  

  

  

POINT IN TIME WAS THE QUESTION OF WHETHER AN AGENCY TYPE OF 

RELATIONSHIP AROSE DURING THE JULY 12TH INTERVIEW AND WHETHER 

THERE WERE STATEMENTS ACQUIRED AFTER THAT INTERVIEW WHICH 

WOULD CAUSE A 4TH AMENDMENT VIOLATION OR THAT TYPE OF ILE 

BUESTION ALTHOUGH WE DID GET INTO AN ABINITIO QUESTION. 

THAT WAS THE ISSUE WE WERE ADDRESSING. THOSE 

~ITHESSES WORD GUESTIUNED ON THAT FOINT. MR. WORTHY. AS THE 

COURT WILL RECALL, DIDNT EVEN SHOW UP AT THE COURTHOUSE 

UNTIL, I BELIEVE, SOMETIME AROUND 2:30 ON THAT FRIDAY 

AFTERNOON. WE HAD A BRIEF INTERVIEW WITH MR. WORTHY. HIA 

TESTIMONY CAME AS A COMPLETE SURPRISE TO US. THAT WAS THE 

if
 FIRST INDICATION ANYBODY HAD MADE WHATSOEVER THAT MR. EVAR! 

MAY HAVE BEEN MOVED AT SOME FOINT IN TIME AFTER HE ARRIVED AT 

THE FULTON COUNTY JAIL. 

OUR PURPOSE FOR RECALLING THE WITNESSES AT THIS FOINT 

IN TIME, PARTICULARLY POLICE OFFICERS JOWERS, HARRIS ANID 

DORSEY, IS TO QUESTION THEM REGARDING WHETHER THEY HAVE ANY 

KNOWLEDGE OF THAT FACT, WHETHER THEY MADE ANY INQUIRY ALCGNG 

THOSE LINES. WHETHER THEY MADE ANY SUCH REQUEST. 

THE COURT: MY NOTES REFLECT THAT THEY WERE EXAMINED 

ON THAT SUBJECT. CERTAINLY DORSEY WAS. 

MS. WESTMORELAND: YOUR HONOR, I DIDNT RECALL 

SPECIFICALLY THAT EACH ONE WAS ASKED SFECIFICALLY AND 

PARTICULARLY IN RELATION TO MR. WORTHY. I DONT BELIEVE HMR. 

WORTHY “3 NAME WAS EVEN MENTIONED UNTIL DETECTIVE HARRIS 

  

  

 



  

    

TESTIFIED, AND HIS ONLY TESTIMONY WAS THAT THEY UTILIZED MR. 

WORTHY “SS OFFICE, NOT THAT ANY CONVERSATIONS WERE HAD WITH MR. 

WORTHY ALONG THOSE LINES. 

THE COURT: HAVE YOU GOT —- HAVE YOU GOT A TRANSCRIPT? 

S. WESTMORELAND: YES, YOUR HONOR, I DG. 

THE COURT: WELL. THEN YOU KNOW MORE THAN I DG, BUT —- 

MS. WESTMORELAND: I DONT RECALL THE TESTIMONY 

SPECIFICALLY. AND AS I SAID, YOUR HONOR. WE ANTICIPATE A 

MAXIMUM OF PERHAPS 10 TO 12 QUESTIONS PER WITNESS DIRECTED 

SPECIFICALLY TO THIS POINT. 

OUR PURPOSE FOR RECALLING MR. WORTHY IS THAT WE HAVE 

HRD THE OPPORTUNITY TO INVESTIGATE THE NATURE OF WHAT HE HAS 

SAID. £ WAT CALLED IN ON THE SPUR OF THE MOMENT. HE WAS 

CALLED OFF HIS JOB. WE FEEL LIKE. BASED ON WHAT HE HAD TOLD 

ME QUT IN THE HALL AND WHAT HE SAID ON THE WITNESS STAND, 

THAT THERE IS CERTAINLY SOME AMBIGUITY THAT NEEDS TO BE 

CLARIFIED. AND THATS OUR PURPOSE FOR RECALLING MR. WORTHY. 

I WOULD POINT QUT TO THE COURT WE HAVE NOT HAD AN 

OFFORTUNITY TO PRESENT ANY EVIDENCE IN THIS CASE, AND OUR 

EVIDENCE IS GOING TO BE IN THE NATURE OF THESE WITNESSES 

ADDRESSED TO THIS PARTICULAR FOINT AND CERTAINLY THINK IT-S 

WITHIN THE COURTS DISCRETION TO ALLOW US TO PRESENT THESE 

WITNESSES AT THIS TIME. 

THE COURT: I PRESUME YOU HAVE INTERVIEWED THEM. 

MS. WESTMORELAND: YES, YOUR HONOR. 

  

 



  

  

  

THE COURT: I PRESUME THAT AT LEAST THE THREE 

DETECTIVES WILL SAY THAT IT NEVER HAPPENED. 

M3. WESTMORELAND: VYE=, YOUR HONOR. 

THE COURT: [ID THEY MAKE THAT OR WILL THEY MAKE THAT 

AVOWAL BASED ON REFERENCE TO ANYTHING RUT THEIR MEMORY? 

MS. WESTMORELAND: NOT THAT IM AWARE OF, YOUR HONOR. 

HEY ALL TESTIFIED —— MY INTERVIEW WAS BASED ON WHAT Di YOU 

REMEMBER. AND THEY HAD ALREADY -—- I THINK MOST OF THEM HAD 

REFRESHED THEIR RECOLLECTION WITH MR. PARKERS NOTES AS Ta 

THE ONES THAT WERE FRESENT AT THAT JULY 12TH INTERVIEW WHICH 

THEY HAD IN THE COURTROOM. BUT WE DID NOT EVEN HAVE THOSE 

NOTES AT THE TIME I INTERVIEWED THEM. 

OUR QUESTIONS WERE WHAT IS YOUR MEMORY IN RELATION TO 

THIS PARTICULAR FOINT. 

THE COURT: AND WHAT D0 YOu EXFECT MR. WORTHY TO 

TESTIFY? 

MS. WESTMORELAND: YOUR HONOR, I EXPECT MR. WORTHY AT 

THIS POINT IN TIME TO BE ABLE TO NAME THE NAME OF THE PERSON 

THAT HE THINKS ASKED HIM TO MOVE OFFIE EVANS AND TO FINPOINT 

A TIME WHEN THAT OCCURRED, WHICH HE COULD NOT RECALL AT THE 

LAST HEARING. 

THE COURT: WELL. AT THE LAST HEARING HE SAID IT WAS 

DORSEY AND SOMEBODY ELSE, DIDNT HE? 

MZ. WESTMORELAND: YOUR HONOR, AT THE LAST HEARING MR. 

WORTHY SS TESTIMONY WAS EXTREMELY EQUIVOCAL AT BEST. I 

  

  

 



  

  

  

BELIEVE HIS STATEMENT WAS TO THE EFFECT -— LETS SEE ~- 1 

BELIEVE HE CONTINUALLY SAID, 1 BELIEVE. I“M NOT SURE WHO TOLD 

ME, AND I DON‘T THINK HE EVER MENTIONED A NAME AT ALL OF 

ANYRODY WHO MAY HAVE TOLD HIM TO MOVE MR. EVANS. 

HE CERTAINLY DID NOT MENTION A TIME AT WHICH HE WAS 

TOLD TO MOVE MR. EVANS. WE SIMPLY INTERVIEWED MR. WORTHY. 

ASKED HIM IF HE HAD HAD A CHANCE TO REFLECT UPON IT. HE HAL. 

HIS INDICATION WAS TO US THAT HE I3 —— HE NOW KNOWS OR 

REMEMBERS WHEN AND WHO, 

THE COURT: LET ME SEE THE TRANSCRIPT OF HIS 

TESTIMONY. 

MR. BOGER: YOUR HONOR, I THINK I CAN ASSIST THE COURT 

IN AT LEAST LOCATING THE PAGES THAT WE'RE INTERESTED IN OF 

MR. WORTHY SS TESTIMONY. 

MS, WESTMORELAND: I HAVE IT, YOUR HONGCR. IT" IN THC 

SECOND VOLUME. IT BEGINS ON PAGE 145 OF THE SECOND VOLUME 

AND HEARING, 

MR. BOGER: YOUR HONOR. IF YOU LOOK AT THE BQTTOM OF 

FAGE 147 AND THE TOP OF PAGE 143, I BELIEVE THE RECORD WILL 

REFLECT THAT MR. WORTHY RECALLS THE CONVERSATION WITH SIDNEY 

DORSEY AND CONVERSATION BETWEEN DETECTIVE DORSEY AND MR. 

EVANS AT THAT TIME. 

MS. WESTMORELAND: YOUR HONOR, I WOULD REFER THE COURT 

SFECIFICALLY TO —— 

THE COURT: WAIT. I CANT READ AND LISTEN AT THE SAME 

  

  

 



  

  

(93
) 

MS. WESTMORELAND: IM SORRY. 

THE COURT: LET ME READ WHAT HES REFERRING TQ. 

ALL RIGHT. AND YOUR REFERENCE®Y 

MS. WESTMORELAND: YOUR HONOR, I WOULD REFER THE COURT 

TO APPROXIMATELY PAGE 154 OF THE TRANSCRIPT IN WHICH HE SAYS 

S NOT KNOW WHO MADE THE REQUEST. I BELIEVE THAT 

EARLIER DISCUSSION REFERRED TQ HAS TO DO WITH CONVERSATIONS 

HE MAY HAVE REMEMBERED HAVING AT THE JAIL BUT LDOESN‘T DEAL 

WITH MOVING MR. EVANS. 

THE COURT: 154% 

Ms. WESTMORELAND: THATS MY NOTES, YOUR HONOR. Iv 

MAY BEGIN ON 153, 

THE COURT: All RIGHT. IT STARTS == 

THE COURT: WELL, BOTH STATEMENTS COULD BE CORRECT. 

MS. WESTMORELAND: MY RECOLLECTION OF THE TESTIMONY, 

HONOR, WAS THAT UNTIL THE VERY END OF MR, WORTHY S 

TESTIMONY HE WAS NOT EVEN SPECIFICALLY ASKED ABOUT BEING 

REQUESTED TO MOVE MR. EVANS, AND THAT CAME UF AT THE VERY END 

S TESTIMONY. AND THAT WAS WHEN HE SAID HE DID NOT   WHO MADE THE REQUEST. THE COURT HAS THE TRANSCRIPT. 

MR. BOGER: YOUR HONOR, THE PROBLEM I HAVE -- 

THE COURT: YOU'VE GOT A —— JUST A SECOND. MR. BOGER. 

THE PROBLEM YOUVE GOT IS THIS @ AND A: "DO YOU 

WHETHER HE ASKED ~- TALKING ABOUT DORSEY ~— HIM TO 

  

 



  

1Q 

  

  

ENGAGE IN CONVERSATION WITH SOMEBODY WHO MIGHT HAVE BEEN IN A 

NEARBY CELL." 

IT SEEMS I RECALL SOMETHING BEING SAID TO THAT EFFECT 

TO MR. EVANS. BUT HE SAYS: “BUT I“M NOT SURE THAT IT CAME 

FROM MR. DORSEY OR WHO." 

WELL, I THINK WHAT I WILL DO IS START WITH MR. WORTHY, 

| AML THEN ILL DETERMINE WHAT TO DO FROM THERE ON. BUT AS 1 

UNDERSTAND IT, IT IS YOUR REPRESENTATION THAT THE THREE 

DETECTIVES, OR FOR THAT MATTER MR. PARKER OR ANYBODY ELSE 

THAT YOU HAVE CALLED. DID NOT HAVE AN OFPORTUNITY OR HAVE NOT 

BEEN ABLE TO OR HOWEVER YOU WANT TO SAY IT, TO REFRESH THEIR 

RECOLLECTION BY REFERENCE TO ANYTHING THAT WAS NOT AVAILABLE 

TQ THEM EARLIER. 

MZ. WESTMORELAND: NOT TO MY KNOWLEDGE, YOUR HONOR. I 

CERTAINLY HAVE NOT -- I CANNOT SPEAK FOR WHAT THEY MAY HAVE 

DONE. THEY WERE NOT FROVIDED WITH ANY ADDITIONAL INFORMATION 

(0
) FROM ME. WE SIMPLY ASKED THEM WHAT THEIR RECOLLECTION WAS A 

TQ THE SPECIFIC POINT DURING THE INTERVIEWS, AND I DID NOT —- 

I DONT THINK ANYBODY HAD ANYTHING FROM WHICH TO REFRESH 

THEIR RECOLLECTION. 

MR. BOGER: YOUR HONOR, WE MAY GO INTO SOME OF THIS IN 

THE CROSS-EXAMINATION, BUT THE COURT MAY BE AWARE THERE WAS 

AN ARTICLE IN THE ATLANTA CONSTITUTION ON THE DAY FOLLOWING 

THIS HEARING IN WHICH THE SUBSTANCE OF THE CLAIM WAS SET 

FORTH. AND SOME OF THE TESTIMONY OF MR. WORTHY WAS RECOUNTED 

  

  

 



  

    

11 

IN THAT ARTICLE. 

MZ. WESTMORELAND: THAT I3 CORRECT. YOUR HONOR. AND I 

BELIEVE SOMERCQLDY —-- THEY MADE MENTION OF HAVING READ THE 

ARTICLE: BUT I HAVE NO CONTROL OVER NEWSPAFER ARTICLES. 

THE COURT: MY POINT TO THE STATE IS THIS, MR. BOGER: 

THE TESTIMONY OF A WITNESS WHO NOW KNIWS WHAT A CLAIM IS, WHO 

CHANGES HIS TESTIMONY IS OBVIOUSLY SUSFECT. THE TESTIMONY OF 

THE WITNESS WHO REALLY DIDNT KNOW WHAT THE ISSUES WERE AND 

NOW THAT HE UNDERSTANDS THE ISSUES AND HAS GONE BACK TO HIS 

FILE AND LOOKED AT DOCUMENTS OR OTHER THINGS THAT WOULD 

REFRESH HIS RECOLLECTION WHEN HE WAS IN TOWN. QUT OF TOWN, 

DID THIS DIDN'T DO THAT. IS A WHOLE DIFFERENT CREDIBILITY 

CHOICE. 

AND WHAT I AM TRYING TQ DETERMINE 13 WHETHER MS. 

WESTMORELAND IZ FPROFFERING TO THE COURT WITNESSES WHO HAVE 

ANYTHING MORE CREDIBLE BY VIRTUE OF UNMANIFULATEABLE 

CIRCUMSTANCES THAN THEY WERE WHEN THEY WERE QUESTIONED ABOUT 

i
 

So
w SIMILAR ITEMS BEFORE. AS 1 UNDERSTAND IT THEY ARE NOT, © 

WILL SEE WHAT MR. WORTHY HAS TO SAY. 

15 HE HERE YET, DC YOu KNOW? 

MS. WESTMORELAND: I DON'T KNOW, YOUR HONOR. IF THE 

COURT -- COULD HAVE JUST A MOMENT TC CHECK. 

YOUR HONOR. WHILE WERE WAITING FOR MR. WORTHY, IF I 

COULD JUST MAKE TWO COMMENTS FOR THE RECORD FURPOSES. FIRST 

OF ALL, ID LIKE TQ POINT QUT TG THE COURT THAT MR. W.B. HILL 

  

  

 



  

    

IS PRESENT WITH COUNSEL. 

ho
 

THE CLERK: MR. WORTHY IS HERE. 

THE COURT: THANK YOu. GLAD TO MR. HILL. 

ME TO PREPARE MS. WESTMORELAND: AND MR. HILL 

PERMISSION HE WILL BE FOR THIS HEARING. AND WITH THE CQURT’S 

WORTHY SINCE WE HAD CONDUCTING THE EXAMINATION QF MR. 

CONSTRAINTS. 

I UNDERSTAND THE AND ONE MORE THING FOR THE RECORD, 

TO NOTE FOR COURTS FREVIOUS RULING, BUT WE WOULD JUST LIKE 

THE RECORD WE HAVE NOT WAIVED ANY ASSERTION OF 

WRIT ON ANY ALLEGATIONS AND STILL 

ACKNOWLEDGE THE COURTS RULING AT THE FREVICQUS HEARING AND 

JUST WANTED TO NOTE THAT FOR THE 

DIFFICULT PROBLEM, THE COURT: WELL, IT FRESENTS 

WESTMORELAND. THERE MAY OR MAY NOT HAVE BEEN ARBUIE OF 

WRIT, BUT WE NOW HAVE SWORN EVIDENCE UNDER CATH THAT WOULD 

MR. MCCLESKEY MIGHT ERE SUGGEST THAT HAD IT NOT BEEN ABUSED, 

ENTITLED TO A NEW TRIAL. 

ALL RIGHT. MR. WORTHY. 

ATH. 

COME UP. YOU ARE STILL UNDER 

STATE YOUR FULL NAME FOR THE CLERK: SIR. WOULD You 

THE REPORTER. 

THE WITNESS: ULYSSES WORTHY. 

ULYSSES WORTHY 

  

  

 



  

  

  

13 

BEING PREVIOUSLY DULY SWORN, RESUMED THE WITNESS STAND AND 

TESTIFIED FURTHER AS FOLLOWS: 

DIRECT EXAMINATION 

BY MR. HILL: 

Gt. MR. WORTHY. DO YOU RECALL HOW YOU WERE EMPLOYED IN 

APRIL OF 1963 THROUGH APRIL OF 192817 

Fe YE&, SiR. 

Gl AND HOW WERE YOU EMPLOYED? 

[A DEPUTY SHERIFF OF FLLTON COUNTY, 

Gl. ALL RIGHT. DID YOU —— WHERE WERE YOU STATIONED AS A 

DEFUTY SHERIFF? WHERE DID YOU WORK? 

Ra THE LAST YEARS, AT THE JAIL. 

2. IS THAT THE FULTON COUNTY JAIL? 

A. CORRECT. 

AN ALL RIGHT. AND THEN DID vO SERVE IN SOME PARTICULAR 

CAPACITY, SAY, DIHWIRING YOUR LAST 12 YEARS AT THE FULTON COUNTY 

JAIL? 

A. AS SUPERVISOR. 

. WERE YOU ALSO REFERRED TO AS A WATCH COMMANDER? 

A. YES, SIR. 

1. ALL RIGHT. NOW, AT THE FULTON COUNTY JAIL. WAS THERE 

A —-— A POLICY IN 1978 WITH REFERENCE TO THE ASSIGNMENT OF 

INMATES BASED ON SECURITY CLASSIFICATION? 

A. YES, SIR, THERE WERE. 

(dw ALLL RIGHT. IN 1273, WHERE WERE THE SERICGUS FELONS AND 

  

  

 



  

    

i4 

THE ESCAPE RISKS HOUSED IN THE FULTON COUNTY JAIL? 

A. THEY WERE HOUSED EITHER ON THE NORTH WING COR THE 

SINGLE CELL, ISOLATION CELL. 

Gla ALL RIGHT. NOW, I WANT TO ADDRESS YOUR ATTENTION 

SPECIFICALLY BACK TO THE SUMMER OF 1978 AND ASK YOU DQ you 

RECALL AN INMATE THAT WAS HOUSED AT THE FULTON COUNTY JAIL 

WHO WAS NAMEL OFFIE EVANST 

a. YES, SIR. 

(8 ALL RIGHT. COULD YOU EXFLAIN TO THE COURT THE FIRST 

INSTANCE BACK IN 1978 IN WHICH OFFIE EVANS WAS BROUGHT TO 

YOUR ATTENTION? 

A. WELL, HE WAS BROUGHT DOWN TO MY OFFICE BY ONE OF THE 

TATED THAT —~- THAT MR. EVANS WANTED TO CALL -- ti
} DEPUTIES AND 

m MAKE A CALL TO EITHER THE DISTRICT ATTORNEY'S OFFICE OR THE 

FOLICE DEPARTMENT, THAT HE HAD SOME INFORMATION HE WANTED TO 

FASS TO THEM. 

Gd WHO BROUGHT OFFIE EVANS TO YOUR ATTENTION? 

A. AT THAT TIME IT WAS MR. HAMILTON, MR. CARTER HAMILTON. 

fd NOW, ON THIS FIRST OCCASION, DID YOU SPEAK TO CARTER 

HAMILTON AROUT COFFIE EVANS AND THEN HE LATER BROUGHT OFFIE 

EVANS DOWN TO YOUR OFFICE OR DID HE BRING HIM DOWN ON THAT 

THAT INITIAL CQCCASIONT? 

A. TO MY KNOWLEDGE HE BROUGHT OFFIE EVANS WITH HIM. 

(NR ALL RIGHT. WAS THIS YQUR FIRST MEETING WITH OFFIE 

EVANS? 

  

  

 



  

  

  

A. YES+ EIR. 

THE COURT: EXCUSE ME. IVE GOT A JURY DELIBERATING. 

I THINK THEY HAVE A VERDICT. 

MR. HILL: YES, YOUR HONOR. SHALL I CONTINUE ON? 

THE COURT: LET ME FIND OUT WHAT THE JURY WANTS. 

MR. HILL: YES, SIR. 

(PAUSE) 

THE COURT: GO AHEAD, MR. HILL. 

MR. HILL: THANK YOu, YOUR HONOR. 

BY MR. HILL: 

(:!. JUST TQ RECAF AND BRING US BACK, I BELIEVE THE TENOR 

OF YOUR LAST RESPONSE WAS THAT CARTER HAMILTON HAD BROUGHT 

OFFIE EVANS TO YOUR OFFICE AND CARTER HAMILTON HAD ASKED FOR 

FERMISSION TO GET IN TOUCH WITH THE OFFICERS INVESTIGATING 

THE SCHLATT MURDER AND REFER THEM TO QFFIE EVANS, aM I 

CORRECT? 

A. HE BROUGHT HIM DOWN AND SAID THAT HE HAD SOME 

INFORMATION THAT HE WANTED TO FASS ON TO -~ ON TQ —- 

(8 AND WHAT WAS CARTER HAMILTON'S REQUEST OF yOu? 

A. FOR PERMISSION TQ CALL -—- TO MAKE THE CALL TO THE 

AGENCY WHICH HE WANTED TO CONTACT. 

Me. AND DID YOU GIVE CARTER HAMILTON THAT PERMISSION? 

A. YES, 1 DID. 

(8 ALL RIGHT. TO YOUR KNOWLEDGE, WHEN WAS THE FIRST TIME 

THAT OFFIE EVANS WAS INTERVIEWED BY THE INVESTIGATORS OF THE 

  

  

 



  

  

4]
 

oo
 

  

SCHLATT MURDER AT FULTON COUNTY JAIL? 

MR. BOGER: OBJECTION, 

THE COURT: BASIS? 

MR. BOGER: YES -— WELL, UNLESS HE DOES HAVE KNOWLEDGE 

DIRECTLY, HE CERTAINLY CAN-T TESTIFY ABOUT WHAT HE KNOWS 

ABOUT EVENTS THAT WERE OUTSIDE HIS OWN —— HIS OWN KNOWLEDGE. 

RTs I THOUGHT MR. HILLS QUESTION WAS, TO YOUR 

KNOWLEDGE, WHEN IS THE FIRST TIME. BUT IF IT WASN'T, IT 

GUGHT TO BE. 

MR. HILLS YOUR HONOR, I DID BEGIN MY QUESTION WITH 

THE PHRASE "TO YOUR KNOWLEDGE. 

BY MR. HILL? 

(1 LET ME REFEAT THE GHIESTION, MR. WORTHY. 

TO YOUR KNOWLEDGE, WHEN WAS THE FIRST TIME THAT EVANS 

WAS INTERVIEWED AT THE FULTON COUNTY JAIL BY THE 

INVESTIGATORS ON THE SCHLATT MURDER? 

A. THE EXACT TIME OR DATE I DONT RECALL OF THAT. 

Md. All RIGHT. WHY DON'T WE DO THIS: IN RELATION TO THE 

MEETING THAT YOu HAD IN YOUR OFFICE WITH CARTER HAMILTON AND 

OFFIE EVANS WHEN HAMILTON ASKED YOU FOR PERMISSION TO CALL 

THE INVESTIGATORS, APPROXIMATELY HOW LONG THEREAFTER DID THE 

INVESTIGATORS COME OUT TO THE JAIL AND TALK TO OFFIE EVANS? 

A. TO MY KNOWLEDGE. IT WAS A MATTER OF A FEW DAYS. 

. ALL RIGHT. NOW, TO YOUR KNOWLEDGE, WHEN THEY CAME QUT 

IN A MATTER OF A FEW DAYS, TO YOUR KNOWLEDGE, WAS THIS THE 

  

  

 



  

  

  

FIRST TIME THAT THE INVESTIGATORS EVER CAME OUT TO TALK TO 

OFF IE EVANS ABOUT THE SCHLATT MURDER? 

A. TO MY KNOWLEDGE, YES. 

Gla ALL RIGHT. NOW, WHERE DID THIS MEETING TAKE PLACE? 

A. IN MY OFFICE. 

Ge ALL RIGHT. WHO BROUGHT OFFIE EVANS DOWN TO YOUR 

| GFFICE FOR THIS MEETING? 
L] 

A. I BELIEVE IT WAS CARTER HAMILTON. 

(N3 WERE YOU PRESENT DURING THIS MEETING? 

A. I WAZ IN AND QUT OF THE OFFICE. I WASN'T IN ON THE 

MELT ING, 

Ge OKAY. WOULD IT BE FAIR TO SAY YU WERE ONLY IN AND 

QUT JUST A COUPLE MOMENTS AT A TIME? 

A. RIGHT. 

Gd. ROW OID DID IT COME TO YOUR ATTENTION THAT THE 

INTERVIEW WITH EVANS WAS QVER? 

A. WELL: I WAS CALLED FROM THE FRONT OFFICE. 

Be LL RIGHT. WHAT DID YOU DO IN RESPONSE TO THAT CALL 

FROM THE FRONT OFFICE? 

A. I THINK I REQUESTED THAT HE BE FUT BACK TO THE CELL 

BLOCK, 

Gi. ALL RIGHT. YOU SAY "HE". YOU REQUESTED OFFIE EVANS 

BE TAKEN BACK TO THE CELL BLOCK? 

A. RIGHT. 

Gla WHO DID YOU INSTRUCT TO TAKE CFFIE EVANS BACK TO THE 

  

 



  

  

  

CELL BLOCK ~- CELL BLOCK? 

Ra IT WAS EITHER CARTER HAMILTON OR THE FLOOR DEPUTY. WE 

HAD -- WE HAVE TWO WAYS OF CARRYING THEM. GF EITHER THE FLOOR 

OFFICER OR THE OFFICER THAT BROUGHT HIM DOWN. 

(RR DID YOU ~- DID YOU SEE THE —-~ THE INVESTIGATORS WHO 

HAD COME TO TALK TO OFFIE EVANS AT THE TIME THE MEETING BROKE 

UF: THE INTCRVIEW BROKE up? 

A. YES, SIR, I SAW HIM. 

Gi. WHERE WERE THEY IN THE FACILITY? 

A. WELL, THEY WERE STANDING OUTSIDE OF THE OFFICE DOOR 

WHEN I CAME IN, CAME THROUGH FROM THE BQOKING OFFICE. 

4. ALL RIGHT. DID vO GO QVER AND JOIN THEM? 

A. JOIN THEM? 

©. YEAH, DID YOu JOIN THEM? 

A. NOT REALLY, NG. 

G1, QkAY. DID ANY OF THEM EVER MAKE —- DID ANY OF THEM 

MAKE A REQUEST OF YOU AT THAT TIME? DID THEY ASK YOU TO DO 

ANYTHING. THE OFFICERS? 

A. NOT THAT I CAN RECALL. 

Gd. ALL RIGHT. WERE YOU EVER ASKED TCO MOVE OFFIE EVANS 

FROM ONE CELL TO ANOTHER? 

Gt. WHO ASKED YOU TO MAKE THIS MOVE? 

A. I“M NOT SURE, BUT IT WOULD HAVE HAD TO BE —- Ti HAVE 

BEEN ONE OF THE OFFICERS, EITHER CARTER HAMILTON OR IT MIGHT 

  

  

 



  

  

  

HAVE BEEN OFFIE EVANS. IM REALLY NOT SURE AT THIS POINT. 

i. ALL RIGHT. NOW, DO YOU RECALL THAT YOU AND I TALKED 

ON THURSDAY. JULY 23RD. “87, AND WE TALKED ABOUT WHO MADE THE 

REGUEST OF YOU TO MOVE OFFIE EVANS. DO YOU RECALL THAT 

CONVERSATION? 

A. RIGHT. 

HCN 1 SPECIFICALLY ASKED YOU AT THAT TIME WHO 

ASKED YOU TO MOVE OFFIE EVANS -—- 

A. RIGHT. 

wt. —~= WHAT WAS YOUR RESPONSE? 

A. IT WAS, CH. YEAH, I BELIEVE IT WAS CARTER HAMILTON 

THAT ASKED, 

Gl. ALL RIGHT. S50 CARTER HAMILTON ASKED YOU! TO MOVE OFF IE 

EVANS? 

A. RIGHT. 

(WR NOW, WHAT DID YOUI DO IN RESPONSE TO CARTER HAMILTON'S 

REQUEST TO MOVE OFFIE EVANS? 

A. WELL, AFTER HE EXFLAINED WHY HE WANTED HIM MOVED I 

GAVE HIM PERMISSION TO DO S00. 

Ge. AY. NOW, WHEN DID HE ASK YOU TO MOVE OFFIE EVANS IN 

RELATION TO THE INTERVIEW WITH THE INVESTIGATORS? 

A. THE SAME DAY OF THE INTERVIEW. 

Gt. ALL RIGHT. NOW, HAD THOSE ~- HAD THE INVESTIGATORS 

ALREADY LEFT AT THE TIME HE ASKED YOU TO MOVE OFFIE EVANS? 

A. WELL, I WAS IN THE BOOKING OFFICE AREA, S00 I COULDNT 

  

  

 



  

  

  

TELL FROM THE BOOKING OFFICE IN THE FRONT OFFICE. 

(8 WAS IT LATER IN THE DAY THAT CARTER HAMILTON ASKED you 

TO MOVE OFFIE EVANS? 

A. NO. IT WAS RIGHT AFTER THE INTERVIEW. 

Gl. WHAT ARE WE TALKING ABOUT. 10, 13 MINUTES? AN HOUR 

AND A HALF. AN HOUR? 

fA, MERHAPS iQ, 15 MINUTES. 

Gl. THIS REQUEST BY CARTER HAMILTON, WAS THIS THE FIRST 

TIME YOU WERE EVER ASKED TO MOVE OFFIE EVANS? 

A. YET. 

i. NOW, THIS REQUEST BY CARTER HAMILTON, WAS THIS THE 

GLY TIME YU WERE ASKED TO MOVE OFFIE EVANS? 

A a YES, SIR. 

THE COURTS. WHERE DID HE REGUIIEST TO MOVE HIM TO? 

Mix. HILL: THAT WAS GOING TiO BE MY NEXT QUESTION, YOUR 

HONOR. 

BY MR. HILL! 

Gd. WHERE WAS IT THAT CARTER HAMILTON REQUESTED THAT OFF IE 

EVANS BE MOVED TO? 

A. WELL, HE ASKED THAT HE BE PLACED NEAR MR. MCCLESKEY- S 

CELL. 

Ge. WITH REFERENCE TO MOVING AN INMATE FROM ONE CELL TCO 

ANOTHER. I5 THERE ANY PAPERWORK ENTAILED? 

Re. YES: 81R. THERE Is. 

(WH WHAT FAPERWORK ARE WE TALKING ABOUT? 

  

  

 



  

0
 

  

  
BN
 

Pn
 

A. WELL. WE WOULD HAVE TO CHANGE ALL OF THE CELL BLOCK 

CARDS THAT HE HAD. 

o. AND WHO WOULD USUALLY MAKE THE NOTATION ON THE CELL 

BLOCK CARDS THAT AN INDIVIDUAL WAS MOVED? 

A. WELL, THE OFFICER THAT MOVED THEM USUALLY. 

Ld. OKAY. NOW, IN THIS SITUATION, WOULD CARTER HAMILTON 

HAVE DEEN THE OFFICER WHO ACTUALLY, FHYSICALLY MOVED OFFIE 

A. THAT I“M NOT SURE OF BECAUSE AS 1 STATED, WE HAVE THE 

OFFICERS THAT WORK THE FLOOR. THEY ALSO ASSISTED IN MOVING 

MEN ARCUND, 

(. AGAIN, MR. WORTHY, ID LIKE TO DIRECT YOUR ATTENTIGHN 

BACK TO THE INTERVIEW I HAD WITH YOU ON JULY 23RD, AND DO YOU 

RECALL MY GUESTION TO YOU THEN THAT UNDER THESE 

CIRCUMSTANCES, CARTER HAMILTON HAD REQUESTED THAT UOFFIE EVANS 

BE MOVED, AND I ASKED YOU WHO WOULD HAVE FHYSICALLY MOVED 

CARTER HAMILTON -- I MEAN, WHO WOULD HAVE PHYSICALLY MOVED 

OFF IE EVANS LINDER THESE CIRCUMSTANCES. 

D2 YOU RECALL I ASKED YOU THAT? 

A I" BELIEVE 20. 

Go. OKAY. AND D0 YOU RECALL WHAT YOUR ANSWER TO ME WAS? 

Ae. YES, I THINK I TOLD YOU THAT IF CARTER HAMILTON ASKED 

THAT, I WOULD HAVE —-—- I GAVE THEM PERMISSION TO MOVE HIM, BUT 

I SAID ALSO THAT WE HAVE OTHER DEPUTIES ON THE FLOOR THAT 

ASSIST WHEN THEY MOVE A MAN, TWO. MOST TIMES ITVS TWO TO A 

  

  

 



  

    
tJ
 

Ni
 

MOVE. 

de BUT CARTER HAMILTON WOULD HAVE REEN PART OF THE 

PHYSICAL MOVE OF OFFIE EVANS? 

[*] ONE OF THE ONES. YES, SIR. 

NS DCO YOU KNOW WHAT CELL EVANS WAS HOUSED IN WHEN HE 

FIRST CAME INTO THE FULTON COUNTY FACILITYY 

= NO, SIR, I DD NOT. 

-l 

HE FIRST CAME INTO THE FULTON COUNTY FACILITY? 

A NG, SIR. 

ld. 00 YOu KNOW WHAT CELL OFFIE EVANS WAS MOVED TO IN 

RESPONSE TO CARTER HAMILTON'S REQUEZTY 

A. NC, IT [WD NOT. 

(1. DO YOU KNOW FOR A FACT THAT OFFIE EVANS WAS EVER 

ACTUALLY MOVED? 

A. I GAVE THEM PERMISSION TO MOVE HIM. THEY Usually —- 

Ga LET ME REPEAT MY QUESTION NOW. 

Li YOU KNOW FOR A FACT THAT QOFFIE EVANS WAS EVER 

ACTUALLY PHYSICALLY MOVED FROM ONE CELL TO ANOTHER? 

A. NG, SIR. 

Ga NOW, OTHER THAN THE MEETING THAT Yau HAVE ALREADY 

TESTIFIED TCO THAT TOOK PLACE IN YOUR OFFICE BETWEEN OFFIE 

EVANS AND THE FULTON COUNTY INVESTIGATORS, ARE YOU AWARE OF 

(8 D2 YOU KNOW WHAT CELL MR. MCCLESKEY WAS PLACED IN WHEN 

ANY OTHER OCCASION ON WHICH THE INVESTIGATING OFFICERS IN THE 

SCHLATT MURDER CAME TO THE FULTON COUNTY JAIL TO INTERVIEW 

  

  

 



  

  

  
V)
 

(F
Y 

OFFIE EVANS ABOUT THAT MURDER? 

A. REFEAT THE QUESTION AGAIN. 

(. OKAY. OTHER THAN THE MEETING THAT TOOK PLACE IN YOUR 

OFFICE BETWEEN OFFIE EVANS ANDY THE INVESTIGATORS FROM FULTON 

COUNTY, ARE YOU AWARE OF ANY OTHER OCCASION ON WHICH THOSE 

FULTON COUNTY INVESTIGATORS CAME TO THE FULTON COUNTY JAIL TO 

TALK TO OFFIE EVANS ABOUT THE MURDER OF POLICE OFFICER 

A. I UNDERSTAND THERE WERE SEVERAL VISITS MADE, BUT IN MY 

PRESENCE, I WAS NOT —— 

Gd. CKAY. BUT IM ASKING YOil, DO YOU KNOW FOR A FACT THAT 

THOSE OFFICERS EVER CAME OUT TO THE FULTON COUNTY JAIL TO 

TALK TO OFFIE EVANS ABOUT THE SCHLATT MURDER OTHER THAN THAT 

ONE OCCASION WHERE THE MEETING TOOK PLACE IN YOUR OFFICE 

YES OR NO, 

A. WELL, I SAID —-- I ANSWERED THAT BEFORE, THAT THERE WAS 

SEVERAL THAT CAME OUT TO INTERVIEW HIM BUT NOT IN MY 

FRESENCE. 

2. ALL RIGHT. 

MR. HILL: LET ME REPEAT MY QUESTION AGAIN. 

! MR. BOGERD: YOUR HONOR, I THINK ITS BEEN ASKED AND 

ANSWERED. 

THE COURT: SUSTAINED. 

BY MR. HILL! 

Gd. AT THE MEETING THAT TOOK PLACE IN YOUR OFFICE. DID you 

  

  

 



  

/ 
/ 

  

  

MN
 

& 

OGVERHEAR ANYONE INSTRUCT OFFIE EVANS TG LISTEN TO AND REPORT 

BACK CONVERSATIONS BETWEEN MCCLESKEY AND ANY OTHER 

INDIVIDUAL? 

A. NO, I DIDNT. 

Gd. MR. WORTHY, DID WELCOME HARRIS EVER ASK YoU TO MOVE 

OFFIE EVANS TO A PARTICULAR CELL SO THAT HE COULD OVERHEAR 

LETS ITN INAS ao 
MOCLLESKEY "5S 

A. NC, 

- 

CUNVERSAT IONS? 

SIR. 

Gl. OKAY. DID SIDNEY DORSEY EVER ASK YOU TO MOVE OFFIE 

EVANS TO A 

MCCLESKEYS 

PARTICULAR CELL £0 THAT HE COULD OVERHEAR 

CONVERSATIONS? 

  
A. NG, SIR. 

( DID W.K. JOKERS EVER ASK YOU TO MOVE OFFIE EVANS TO A 

PARTICULAR CELL 50 THAT HE COULD OVERHEAR MCCLESKEY = 

CONVERSATIONS? 

A. NQ, I DON'T RECALL HIM. 

G4. DID RUSSELL PARKER EVER ASK YOU TO MOVE OFFIE EVANS TO 

A PARTICULAR CELL SO THAT HE COULD OVERHEAR MCCLESKEY SS 

CONVERSATIONS? 

A. NO, SIR. 

MR. HILL: CAN I HAVE JUST A MOMENT. YOUR HONOR? 

(PAUSE) 

MR. HILL: YOUR HONOR, I HAVE NO QUESTIONS —— FURTHER 

QUESTIONS AT THIS POINT IN TIME. 

THE COURT: ALL RIGHT. WELL BE IN RECESS FOR ABOUT 

   



  

  

nN
 

  
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A 

TEN MINUTES WHILE I CONFER WITH THE ATTORNEYS IN THE OTHER 

CASE. WHEN I COME BACK I HAVE TO RECHARGE THE JURY, SO YOU 

ALL MIGHT WANT TO MOVE BACK A TABLE. 

(WHEREUFON, A BRIEF RECESS WAS HAD.) 

THE COURT: COME BACK TO THE STAND, MR. WORTHY. 

RIGHT. MR. BOGER, YOU MAY CROSS-EXAMINE. 

CROSS-EXAMINAT ION 

BY MR. BOGER: 

(te MR. WORTHY, [0 YOU RECALL YOU TESTIFIED IN THIS 

COURTROOM ON JULY THE 9TH OF THIS YEAR: IS THAT CORRECT? 

A. YES: SIR. 

Gla ANLI WAS YOUR TESTIMONY AT THAT TIME TRUE, TO YOUR BEST 

ARILITY® 

Fa YES. SIR. 

MR. BOGER: YOUR HONOR, MAY 1 APPROACH THE WITNESS? 

THE COURT: YES. 

BY MR. BOGER:® 

G1. MR. WORTHY, I HAVE JUST HANDED YOU A COPY OF THE 

TRANSCRIPT OF THE PROCEEDINGS ON JULY THE PTH IN THIS COURT. 

BEFORE WE BEGIN TO LOOK AT YOUR TESTIMONY ON THAT DATE, I 

WANT TO CLARIFY ONE OR TWO MATTERS ABOUT YOUR TESTIMONY THIS 

MORNING. 

YOU AGREE THAT THERE CAME A TIME WHEN THERE WAS A 

REWLUEST FOR A MOVE FOR MR. EVANS? 

  

  

 



  

  

nN
 

(R
 

  
[N
 

o 

A. YES, SIR. 

Ge AND THAT REQUEST WAS BY SOME OFFICIAL ASSOCIATED WITH 

THE STATE OF GEORGIA OR FULTON COUNTY OR THE CITY OF ATLANTA? 

MR. HILL: YOUR HONOR. I WANTED TO OBJECT TO —— I 

REALIZE MR. BUOGER HAS HIM ON CROSS-EXAMINATION AND HE CAN ASK 

LEADING QUESTIONS, BUT MR. BOGER IS SIMPLY TESTIFYING AND 

AGKING MR. WURTHY TO AFFIRM HIS TESTIMONY. 

I THINK THATS IMPROPER. 

THE COURT: THATS A FROFER CROSS-EXAMINATION, 

COUNSEL. 

MR. HILL: WELL, YOUR HONOR, MR. WORTHY DID NOT 

SFECIFICALLY TESTIFY THAT THE REQUEST CAME FROM ANY 

INDIVIDUAL WHO WAZ IN A POSITION OF AUTHORITY WITH FULTON 

COUNTY. THATS MR. BAOGER"S CHARACTERIZATION OF THE 

TESTIMONY, AND IT'S THAT FORM OF CROSS-EXAMINATION WHICH 

CONSTITUTES TESTIMONY RY MR. BQGER THAT I OBJECT TO. 

THE COURT: HE'S GOT HIM ON CROSS~EXAMINATION, 

COUNSEL. YOU'RE IN A ~— MR. HILL, SO WE DONT MISUNDERSTANKND 

EACH OTHER —- YOU'RE IN THE FOSITION OF HAVING CALLED A 

WITNESS WHO HAS MATERIALLY RECANTEDR PREVIOUS TESTIMONY UNDER 

OATH. 

MR. HILL: YES, SIR. 

THE COURT: AND UNDER THOSE CIRCUMSTANCES THAT JUDGE 

EDEN FIELD USED TO SAY, CROSS-EXAMINATION IS AS BROAD AS THE 

CANOFY OF HEAVEN. 

  

  

 



  

  

  

MR. HILL: I UNDERSTAND, YOUR HONOR, AND I OBJECT TO 

MR. BOGER‘S CHARACTERIZATION OF HIS TESTIMONY THAT WAS NOT 

HIS TESTIMONY. 

THE COURT: I HAVE QVERRULED THE OBJECTION. 

BY MR. BOGER: 

0. LET ME REFHRASE THE QUESTION FOR YOU, MR. WORTHY. 

YOU HAVE ESTIFIED THAT THERE WAS A REQUEST FOR A MOVE 

OF MR. EVANS AT SOME POINT, THATS CORRECT, ISNT IT? 

A. THAT IS CORRECT. 

4a AND THE REQUEST WAS BY SOME OFFICIAL, EITHER OF THE 

STATE OF GEORGIA OR THE FULTON COUNTY OR THE ATLANTA BUREAU 

OF POLICE SERVICES BY SOME OFFICIAL ASSOCIATED WITH THE 

STATE? 

A. THAT IS CORRECT. 

Gt. OKAY. LET ME REFER YOU TO FAGE 153 OF THAT TRANSCRIFT 

THAT YOU HAVE BEFORE YOU. LET ME REFER YOU TO THE BOTTOM OF 

THE PAGE. WHAT I THINK IS ABJUT LINE 20. IT'S A QUESTION BY 

- 

MRS. WESTMORELAND. 11
1 

53
) QUESTION IS: "MR. WORTHY. LET ME SEE IF I UNDERSTAND 

THIS. ARE YOU SAYING THAT SOMEONE ASKED YOU TO SPECIFICALLY 

FLACE OFFIE EVANS IN A SFECIFIC LOCATION IN THE FULTON COUNTY 

JAIL 50 HE COULD OVERHEAR CONVERSATIONS WITH WARREN 

MCCLESKEY?" AND YOUR ANSWER IS: “YES, MA’AM." 

DO YOU RECALL THAT TESTIMONY? 

A. YES. 

  

  

 



  

  

  

Wl. WAS IT TRUE? 

@. ALL RIGHT. £0 YOU RECALL A REQUEST TO MOVE EVANS EY 

SOME OFFICIAL ASSOCIATED WITH THE STATE TO PUT EVANS IN A 

CELL NEXT TO MR. 

OVERHEAR ~~ THE STATE PUT IT, 

PY er Tau ud IVE oe V Lar 
Wil MRR. MOCLESKEY? 

A. YES: SIR. 

a a0) THERE ARE SEVERAL 

WITH YOUR T 

DETECTED SE 

OiNE 

2TH. I“ BEL] 

WHICH INVESTIGATORS 

LET 

ON LINE 3, 

MEETING, MR. EVANS 

THOSE DETEC 

"CORRECT. 

WITH 

MCCLESKEY SU, 

MATTERS 

ESTIMONY IN JULY. AND THE 

VERAL MATTERS THAT MAY BE 

= 

UTHER MATTER THAT YOU TES 

EVE, WAS THAT THERE WERE 

ME REFER YOUE TO PAGE 1%1, 

THE QUESTION IS: 

AS YOU PUT IT. HE COULD 

HE COULD OVERHEAR CONVERSATIONS 

TODAY THAT ARE IDENTICAL 

N I BELIEVE I HAVE 

AT SOME VARIANCE. 

TIFIED TO ON JULY THE 

SEVERAL OCCASIONS O 

CAME OTs: IS THAT CORRECT? 

rt 
IA 

IF. 1 MIGHT, BEGINNING 

"IN OTHER WORDS, AFTER THIS 

TIVES." YOUR ANSWER 15: 

THE QUESTION: 

HIM OR WHAT?" YOUR ANSWER: 

SEVERAL TIMES." 

"AND THEY CAME BACK OUT AND 

"WELL, THEY WERE QUT 

WAS THAT YOUR TESTIMONY ON JULY THE 2TH? 

A. YES. 

4. AND I5 THAT CORRECT? 

REQUESTED AT SOME LATER OCCASION TO CALL 

MET 

  

  

 



  

    
hy NJ 

A. YES SiR. 

i. OKAY. THE TWO MATTERS IN WHICH I DETECT SOME 

MOVEMENT, MR. WORTHY. BETWEEN YOUR TESTIMONY ON JULY THE 9TH 

AND YOUR TESTIMONY THIS MORNING ARE WHEN A MOVE OR REQUEST 

FOR A MOVE TOOK PLACE AND WHO MADE THAT MOVE. 

NOW, I WANT TO G0 BACK WITH YOU AND LOOK AT SOME OF 

Yard TESTIMONY ON JULY THE 9TH ABOUT YOUR MEETINGS WITH 

FEOPLE INVOLVED IN THIS CASE. LET’S FIRST GO BACK TO PAGE 

147, IF YOU DON'T MIND. 

NOW, LETS LOOK DOWN AT LINE 2i ON PAGE 147. 

THE QUESTION IS: “LET ME BE MORE SPECIFIC. DO YOU RECALL 

ANY TIME WHEN Yi! MAY HAVE MET WITH MR. EVANS AND 

DETECTIVE SIDNEY DORZEY?Y AND YOUR ANSWER IS: "YES. S1Ry 

BELIEVE S00, 7 

THE QUESTION CONTINUES: "OKAY, AND DO YOU RECALL DURING THAT 

CONVERSATION THAT YOU THINK YOU RECALL WHETHER OR NOT YOU 

DISCUSSED THE MCCLESKEY CASE OR THE SCHLATT MURDER?" 

YOUR ANSWER: "IF I CAN REMEMBER CORRECTLY. THAT CONVERSATION 

WAS BROUGHT LF BETWEEN DETECTIVE DORSEY AND MR. EVANS, IF I 

CAN RECALL." 

THEN I ASKED YOU WHETHER YOU WERE FRESENT OR A 

PARTICIPANT. YOUR ANSWER IS: "NO, I WAS NOT A 

PARTICIPANT, I WAS PRESENT." THE NEXT QUESTION ON LINE 11: 

"OKAY, WERE ANY OTHER PEOPLE THERE AT THAT TIME OR WAS THAT 

THE THREE OF YOU TOGETHER?" YOUR ANSWER IS: v1 DON'T RECALL 

  

  

 



  

ny
 

  

  

20 

WHETHER HIS PARTNER WAS WITH HIM OR NOT, I REALLY DONT." 

Do YOu RECALL THAT TESTIMONY? 

A. YES. 

Go. AND WAS THAT TESTIMONY TRUE? 

A. YES. 

Go. 50 THERE WAS A MEETING THAT YOU RECALL AT WHICH you 

WERE PRESENT AND Mik. EVANS WAS FRESENT AND DETECTIVE DORSEY 

WAS FRESENT: IS THAT CORRECT? 

A. THE MEETING THAT MR. DORSEY WAS PRESENT, IF I CAN f 

REMEMBER CORRECTLY WHAT YOU ASKED. THAT WAS THE TIME THAT THE 

OTHER OFFICERS WERE PRESENT ALSO. 

Gla WELL, YOU AT LEAST —- 

on
 A. MR. DORSEY WA 

MR. HILL: YOUR HONOR -—- 

THE WITNESS: MR. DORSEY WAS THERE ALONG WITH THE 

OTHER OFFICERS. YOU ASKED SPECIFICALLY IF MR. DORSEY WAS 

THERE, AND I SAID, YES, HE WAS. 

BY MR. BOGER: 

(x. THATS RIGHT. SQ YOU REMEMBER A MEETING WHERE MRK. 

DORSEY WAS PRESENT? 

A. MR. DORSEY WAS FRESENT AND THE REST OF THE OFFICERS 

WERE THERE. 

Go. NOW, WHEN I ASKED YOU ON LINE 11 WERE ANY OTHER PEOPLE 

THERE AT THAT TIME OR WAS THAT THE THREE OF YOU. YOUR 

TESTIMONY WAS: "I DON'T RECALL WHETHER HIS PARTNER WAS WITH 

  

  

 



  

~ 
2 

  

  
{a Ps
 

HIM OR NOT, I REALLY DON‘T.™ 

WAS THAT CORRECT? 

A. THATS CORRECT. 

Gl. SO you DIDNT RECALL AT THAT TIME. I ASKED youl 

WHETHER OTHER PEOPLE WERE THERE, AND YOU SAID I DON'T KNOW 

WHETHER DETECTIVE DORSEY OR HIS PARTNER WAS THERE? 

i : rel cil ke 
A. PRY ®t | | » 

J DID YOU ANSWER ANYTHING ABOUT ANYONE ELSE BEING 

PRESENT AT THAT MEETING? 

[A 1 OID YOU ASK ME WHAT? 

“. DID YOU RESPOND TO ANYONE ELSE? DID YOU SUGGEST IN 

YOUR ANSWER THAT ANYONE ELSE WAS PRESENT BESIDES MR. DORSEY 

AND PERHAF3 HIS PARTNER? 

A. NG, BECAUSE THAT WASN'T THE QUESTION THAT WAS ASKED AS 

I UNDERSTOOD, WASN'T MR. DORSEY PRESENT. 

(FI EXCUSE ME A MINUTE. 

NOW. AT THE BOTTOM OF THAT PAGE -—- 

MR. HILL: WHAT FAGE, MR. BOGER?? 

BY MR. BOGER: 

Gl. PAGE 148, LINE 22, THERE'S A QUESTION: “DO YOU RECALL 

WHETHER HE ASKED HIM" -- AND WERE TALKING ABOUT MR. DORSEY 

AND MR. EVANZ —-- "TO ENGAGE IN CONVERSATIONS WITH SOMEBODY 

WHO MIGHT HAVE BEEN IN A NEARBY CELL?" AND YOUR ANSWER 

IS: "SEEMS I RECALL SOMETHING BEING SAID TO THAT 

EFFECT TU MR. EVANZ.™ 

  

 



  

  

  
FX
] 

Ma
i 

DO YOU RECALL THAT TESTIMONY? 

A. YES. SIK. 

Gl. AND WAS THAT CORRECT? 

A. YES, SIR. 

THE COURT: WHAT WAS YOUR ANSWER? 

THE WITNESS: YES. SIR. 

BY FRR. DUGERG 

oH. JUST TO COMPLETE, I THEN ASKED, OKAY. AND YOU RESFOND: 

"RUT IM NOT SURE THAT IT CAME FROM MR. —-— FROM DETECTIVE 

DORSEY OR WHOL ™ 

15 THAT RIGHT? 

A YES. 

Aa BUT DURING THAT MEETING WHERE MR. -- OR DETECTIVE 

DORSEY WAS PRESENT AND PERHAPS SOMEONE ELSE, YOU RECALL THAT 

TESTIMONY? 

A. YES, SIR 

Gl. OKAY. NOW, DURING YOUR TESTIMONY IN JULY, I ASKED YOu 

A NUMBER OF QUESTIONS, MR. WORTHY. ARBOQUT THE POSSIBILITY OF 4 

LATER MEETING. LATER THAN THE MEETING THAT WE'VE JUST BEEN 

TALKING ABOUT. 

LET ME REFER YOU TO PAGE 150. AND TO SET THE STAGE 

BEGINNING ON PAGE ~- ON LINE 12, THERES A SUMMARY QUESTION: 

"SO GENERALLY YOUR TESTIMONY IS. THEN, AS I UNDERSTAND IT. 

THAT YOURE NOT SURE ABOUT THOSE ASPECTS OF THE CONVERSATION" 

AND THATS REFERRING TO SOME POSSIBLE GIGLIO DEAL -—- "BUT vil 

  

  

 



  

  

  

DO REMEMBER A CONVERSATION WHERE MR. —— DETECTIVE DORSEY WAS 

PRESENT AND FERHAFS SOME OTHER OFFICER AS WELL AS MR. EVANS 

AND ONE OF THOSE OFFICERS ASKED MR. EVANS TO ENGAGE IN 

CONVERSATION WITH MCCLESKEY WHO WAS BEING HELD IN THE JAIL?" 

AND THE 

ANSWER IS: "I BELIEVE SO." 

IS THAT YOUR TESTIMONY? 

A. YES. 

Q. AND THAT WAS CORRECT? 

A. YES, £IR. 

Ga NCW, THEN. LOOK AT LINE 22 WHICH FOLLOWS IMMEDIATELY 

FROM THAT LAST QUESTION: "OKAY, NOW, DID YOU EVER HAVE ANY 

SUBSEQUENT CONVERSATIONS WHERE" -- AND THERES A DASH —— "OR 

SUBSEQUENT MEETINGS WITH MR. EVANS WHERE HE REPORTED BACK TO 

EITHER MR. -— DETECTIVE DORSEY OR HIS PARTNER?" YOu 

ANSWER ON THE TOP OF PAGE 151: RIF -I”M 

CORRECT, I BELIEVE THAT HE HAD A REQUEST TO CALL THEM." 

GQUESTION CONTINUES ON LINE 3: "IN OTHER WORDS, AFTER 

THIS MEETING, MR. EVANS REQUESTED AT SOME LATER OCCASION TO 

CALL THOSE DETECTIVES?" AND YOU ANSWERED: “CORRECT. " 

A. CORRECT. 

«. D0 YO! REMEMBER THAT TESTIMONY? 

A. YES: SIR. 

(WN ANDI IS THAT CORRECT? 

A YES, EIR. 

  

  

 



  

rJ
 

a 

  

  
(1%

) 
8
 

a OKAY. ON LINE 7, THE QUESTION CONTINUES: "AND THEY 

CAME BACK OUT AND MET WITH HIM OR WHAT?" AND YO! ANSWER: 

"WELL, THEY WERE COUT SEVERAL TIMES. ™ 

WAS THAT TESTIMONY CORRECT? 

A. YES: SiR. 

Gl. BEGINNING ON LINE 10, QUESTION: "OKAY, AND DO yOu 

REMEMBER AT UNE POINT RUSSELL PARKER OR DETECTIVE WELCOME 

HARRIS COMING AND USING YOUR OFFICE TO INTERVIEW MR. EVANS ?T 

THE ANSWER WAS: YES, "SIR." THE 

RUEST ION: "WAL SIDNEY DORSEY THERE OM THAT QUCASIONTY 

AND YOUR ANSWER IS: "I CAN'T REMEMBER." 

00 YOU REMEMBER THAT TESTIMONY? 

3 YES, SIR. 

(1. AND WAS THAT TESTIMONY TRUE? 

“A YES. SIR. 

Go. AND WE GO DOWN TO THE BOTTOM OF THE PAGE —- 

LINE 21: "OKAY, AND SO THAT MAY WELL HAVE BEEN THE OCCASION 

YOU'RE TALKING AROUT WHEN MR. EVANS CALLED SUBSEQUENTLY AND 

CAME BACK, THEY ALL CAME BACK OUT?" ANSWER: "COULD HAVE." 

I5 THAT YOUR TESTIMONY? 

A YES, Z1R. 

Go. AND IS THAT CORRECT? 

A. YES. SIR. 

Gl. MR. WORTHY, YOU HAVE NOW TESTIFIED TO ONE MEETING AT 

WHICH YOu REMEMBER SIDNEY DORSEY BEING PRESENT, THE MEETING 

  

  

 



  

  
  

IN in 

OVER ON PAGE 147 AND THAT WE LOOKED AT, AND WHEN YOU WERE 

ASKED. YQU SAID YOU COULDNT REMEMBER BUT THERE MIGHT HAVE 

BEEN OTHER -- ANOTHER OFFICER PRESENT: IS THAT CORRECT? 

A. POSSIBLY, YES. 

a. AND OVER ON PAGE 150 AND 151i, YOU'RE TESTIFYING THAT 

WHAT WE“VE CALLED A SUBSEQUENT MEETING. A LATER MEETING. A 

MEETING AFTER THIS MEETING, A MEETING AT SOME LATER OCCASIGN 

WHERE THE OFFICERS CAME BACK, THAT -—- I COUNTED AT LEAST FIVE 

INSTANCES IN THIS QUESTION AND ANSWER IN WHICH WE TALK ABOUT 

SOME PERIOD OF TIME PASSING AND THEN ANOTHER MEETING. 

WOULD YOU AGREE WITH ME AT LEAST THAT THERE ARE THOSE 

MANY REFERENCES: IS THAT CORRECT? 

A. WELLL, LETS SAY I WAS NOT PRESENT AT THOSE MEETINGS. 

I UNDERSTAND THAT THE OFFICERS DID COME BACK SEVERAL TIMES T 

TALK WITH HIM ABOUT -—- 

Gl, BUT YOU WERE FRESENT AT A MEETING WITH RUSSELL PARKER 

AND DETECTIVE HARRIS, YOU TALK ABOUT IT ON PAGE 151: IS THAT 

CORRECT? 

A. RIGHT. 

ol. AND YOU WERENT SURE WHETHER DETECTIVE DORSEY WAS 

FRESENT ON THAT QCCASION, AT LEAST THATS YOUR TESTIMONY? 

A. I'M NOT SURE. 

W. AND THEN YOU TALK ABOUT ANCOTHER MEETING WHERE YOU 

REMEMBER DETECTIVE DORSEY BUT YOURE NOT SURE WHO ELSE WAS 

PRESENT ON THAT OCCASION. DOESNT THAT SUGGEST TO You, MR. 

  

  

 



  

xy
} 

0
 

  

  

WORTHY, THAT THERE MAY HAVE BEEN TWO MEETINGS AT LEAST, ONE 

WHERE YOU REMEMBER DORSEY AND THE QTHER WHERE YOU REMEMBER 

FARKER BUT DON‘T REMEMBER DORSEY: IS THAT POSSIBLE? 

A. I REMEMBER SEVERAL OFFICERS COMING TO THE INTERVIEW. 

THE INTERVIEWING. ALL OF THEM I DID NOT KNOW AT THAT TIME RY 

NAME. STILL DONT KNOW THEM BY NAME. 

TE COURTS IS THIS THE TIME WHEN RUSSELL PARKER CAME? 

THE WITNESS: YES, SIR, I BELIEVE IT WAS. THAT WAS 

THE FIRST TIME, THAT WAS MY FIRST SEEING THEM AT THE Ja&IL TO 

INTERVIEW HIM. 

BY MR. BOGER: 

0. BUT YOU HAD MAD A MEETING WITH DETECTIVE DORSEY PRIOR 

TO THAT MEETING? 

A. NZ, SIR. I HAD NOT. 

Gd. I BELIEVE YOUR TESTIMONY REFLECTS THAT BOTH LAST MONTH 

AND THIS MONTH. 

Aa NC, SIR. I ONLY HAD ONE —~-~ THE ONE ENCOUNTER WITH THE 

OFFICERS WHEN THEY WERE CALLED TO COME GUT. I WAS FRESERNT 

WHEN THEY CAME. 

Gi. BUT YOU HAD A MEETING THAT YOU TESTIFIED TO ON PAGE 

147 IN WHICH YOU REMEMBER DETECTIVE DORSEY AND YOU WEREN'T 

SURE WHO ELSE WAS THERE. AND THEN YOU VE GGT 4 MEETING ON 

131 IN WHICH YOU REMEMBER MR. PARKER BUT YOU ARE NOT SURE MR. 

DORSEY IS AT THAT MEETING. 

MR. HILL: YOUR HONOR, I WANT TO POSE AN GBRUIECT ION. I 

  

  

 



  

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- y 
-~ 

KNOW THAT QUESTION HAS BEEN ASKED AND ANSWERED THREE TIMES, 

AND WHAT WERE DOING IS CONFUSING THE WITNESS. HE HAS MADE A 

STATEMENT AS TO WHAT HE RECALLS, AND I THINK ITS THE CLOSEST 

TO HIS RECOLLECTION WITHOUT MR. BOGER TRYING TO SUGGEST TO 

HIM ADDITIONAL MEETINGS. 

THE COURT: IT IS CLEAR TO THE COURT THAT THERE WERE 

| TW MEETINGS. THE ONLY THING THAT'S UNCLEAR IS —— I THINK 

ITS CLEAR TO ME. 

Or YOU UNDERSTAND WHAT MR. ROGER IS SUGGESTING? youl 

HAVE TOLD UZ ARGUT ONE TIME. YOU REMEMBER TALKING TCO DORSEY 

ABOUT OFFIE 

THE WITNESS: I REMEMBER —-— 

THE COURT: ~- AND ABCUT OFFIE ENGAGING MCCLESKEY IN 

CONVERSATION. 

DO Yo REMEMBER THAT MEETING? 

THE WITNESS: NOT BY HISSELF. THERE WERE OTHER 

OFFICERS PRESENT WITH DETECTIVE DORSEY AT THAT TIME. 

THE COURT: AT THAT TIME. 

THE WITNESS: YEZ. I DONT RECALL EVER TALKING TO MR. 

DORSEY INDIVIDUALLY ABOUT IT. 

THE COURT: DO YOU KNOW RUSSELL PARKER, [DISTRICT 

ATTORNEY? 

THE WITNESS: YES, SIR, I KNOW HIM. 

THE COURT: WAS HE THERE WHEN YOU HAD THAT 

CONVERSATION WITH DORSEY?   
  

 



  

  
  

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THE WITNESS: I BELIEVE HE WAS, MR. PARKER, DETECTIVE 

HARRIS. 

THE COURT: WELL, WE KNOW THAT MR. PARKER WAS THERE 

WHEN THEY INTERVIEWED OFFIE ABQUT WHAT MCCLESKEY HAD SAID. 

THE WITNESS: RIGHT. 

THE COURT: AND YOU TOLD US THAT YOU COULDN'T REMEMRER 

WHETHER DORSEY WAS AT THAT MEETING. WHAT AM I SUFFPOSED TO 

THINK ABOUT THAT? 

THE WITNESS: RIGHT. WELL, AS I SAID, IT WAS SEVERAL 

OFFICERS THERE, AND THEY GAVE ME THE NAMES OF THE OFFICERS 

WHO WERE THERE. AS I STATED, I COULDN'T REMEMBER ALL OF THEM 

BY NAME. I KNOW SOME OF THEM BY FACE. I KNOW MR. DORSEY BY 

NAME AND FACE AND MR. HARRIS. 

EY MR. BOGER: 

LA, YOu ALS TESTIFIED AT THE QUTSET OF THIS HEARING. IT 

REFLECTS YOUR TESTIMONY ON PAGE 153, I BELIEVE, SOMEONE ASKED 

YOU TO PLACE OFFIE EVANS IN THE FULTON COUNTY JAIL CELL NEXT 

TO MR. MCCLESKEY S0 HE COULD QVERHEAR CONVERSATIONS WITH MR. 

MOCCLESKEY. 

YOUR TESTIMONY THIS MORNING WAS YOU THINK THAT REQUEST 

CAME AFTER THE MEETING WITH MR. PARKERS IS THAT CORRECT? 

A. YOU'RE SAYING AFTER THE MEETING WITH MR. PARKER, YOU 

MEAN? 

G. MR. FARKER AND THE OTHER OFF ICERST 

A. WITH THE OTHER OFFICERS, YES. 

  

  

 



  

  

Gl. THAT MEETING THAT WAS IN YOUR OFFICE? 

A. RIGHT. 

(8 WHICH YOU ATTENDED FOR SOME PORTION? 

A. NG, I WAS IN AND OUT. I DID NOT ATTEND THE INTERVIEW ~- 

a YOU WERE IN AND OUT. OKAY. 

A. =e INCH, 

| @. MR. WORTHY. I HAVE HANDED YOU A COPY OF PETITIONER'S 

  
£2
) 

~$
 

EXHIBIT 9 WHICH IS IN EVIDENCE IN THIS CASE. IT PURPORTS TO 

BE NOTES TAKEN BY THE ASSISTANT DISTRICT ATTORNEY PARKER 

DURING THE MEETING THAT TOOK PLACE IN YOUR OFFICE ON TRE 

12TH. 

1°00 LIKE TO ASK yOu1 TO FLIP TO WHAT, ON YOUR COPY OF 

THE NOTEZ, IS PAGE 6. ITS THEW FIRST LINED CORY. 

DO YOU SEE THAT FAGE THAT SAYS AT THE TOP SOMETHING 

THAT LOOKS LIKE WEDNESDAY OR WED, 7/12/7&37 

A. YES. 

(WI OD YOU SEE THAT FAGET LET ME DIRECT YOUR ATTENTION 

EFT DOWN TWO PARAGRAPHS TO SOMETHING OUTSIDE THE LEFT LINES WITH 

N—-14 AND N-15 BESIDE IT. 

DO YOU SEE THAT? 

A. YES. SIR. 

a. ARE THERE. IN FACT, NUMBERS AT THE FULTON COUNTY JAIL 

THAT WOULD BE COINCIDENT WITH THINGS LIKE NORTH 14 OR NORTH 

1&7 

tt
 

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if
 

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7 
4 

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40 

Gla ARE THOSE JAIL CELLS? 

A. YES. SIR. 

HH. LET ME READ TO YOU WHAT THOSE TWO LINES SAY:  "N-14, 

I"“M IN A CELL NEXT TO N-15, MCCLESKEY." 

NOW, THE SUGGESTION TO MR. PARKER IS THAT AT THE 

OUTSET OF THE MEETING ON THE 12TH, HIS NOTES REFLECT THAT m=. 

EVANZ SAID HE WAS ALREADY IN A CELL NEXT TO WARREN MCCLESKEY. 

DOES THIS DOCUMENT REFRESH YOUR RECOLLECTION ABOUT WHEN MR. 

MCCLESKEY'S -— OR MR. EVANS‘ MOVE MAY HAVE TAKEN FLACE OR 

WHEN A REGUEST FOR SUCH A MOVE WAS MALE? 

A. NOT REALLY. 

(AN LET ME NOTE TO YOU THE FAGE PRIOR TO THAT, FAGE 5. 

THE DOCUMENT, WHICH IN ORIGINAL WAS A SET OF THREE-BY~F IVE 

NOTES, SIMPLY ON A —— OM LITTLE TINY NOTE PAPER THAT Says 

BRENDA HARDY, FIVE, TWO, FOUR, FIVE, FIVE, SIX. FIVE, SEVEN. 

TWELVE, SEVENTY-EIGHT, A~E. AND THEN ANOTHER BRENDA. FIVE, 

i TWO, FIVE, FIVE, FIVE, SIX, FIVE, SEVEN, TWELVE, 

SEVENTY--EIGHT, 02-E. 

IF THE EVIDENCE WERE TO REFLECT THAT DISTRICT ATTORNEY 

FARKER TESTIFIED THAT OFFIE EVANS SAID THESE WERE NOTES THAT 

HAL BEEN PASZED TQ HIM FROM THE NEXT CELL BY WARREN 

MCCLESKEY, WOULD THAT REFRESH YOUR RECOLLECTION ABRCUT WHEN A 

REQUEST FOR A MOVE WAS MADE OR WHEN THE MOVE ACTUALLY WAS 

MADE? 

A. NG, SIR. IT WOULDN-T.     

 



  

  
  

41 

(WS IN OTHER WORDS, THIS IS PHYSICAL EVIDENCE THAT SHOWS 

THAT MR. —- 

MR. HILL: CQBJECTION, YOUR HONOR. THE QUESTION HAS 

BEEN ASKED AND ANSWERED. 

MR. BOGER: YOUR HONOR, I THINK IM PERMITTED TO POINT 

OUT THE IMPLICATION. 

THE COURT: DO YOU WANT ME TO BELIEVE THIS WITNESS, 

MR. HILL? QUIT PROTECTING HIM. 

MR. HILL: YOUR HONOR. MR. BOGER HAS ASKED HIS 

GIUESTTION QUITE POINTEDLY. AND THE WITNESS HAS ANSWERED. 

THE COURT: MR. HILL, THE WITNESS” TESTIMONY AT THIS 

POINT IS PREFOSTEROUS, HE IS TRYING TO ENABLE WHAT I 

FERCEIVE TO BE A FINE GENTLEMAN TO ORGANIZE A MIND. 17 15.30 

3 YOLIR BENEFIT AS WELL AS TO MR. BOGER S TO HAVE ME END UP 

BELIEVING THIS WITNESS. TESTIMONY NO MATTER WHAT IT MAKES —-— 

HE MAKES OF IT. 

MR. HILL: I AGREE. YOUR HONOR. 

THE COURT: WELL, WE LL TAKE OUR MORNING RECESS AT 

THIS TIME, AND I WOULD EXPECT THAT YOU WOULD HAVE AN 

OFPORTUNITY TO REVIEW SOME OF THE CONCERNS THAT YOU HAVE WITH 

MR. WORTHY WHILE HES ON THE STAND. 

WELL BE IN RECESS FOR 15 MINUTES. 

(WHEREUPON, A BRIEF RECESS WAS HAD.) 

THE COURT: ALL RIGHT. MR. WORTHY. COME BACK UF, 

  

  

 



  

  

  

PLEASE, SIR. 

GO AHEAD, MR. BOQGER. 

CROSS~EXAMINATION (CONT DO) 

BY MR. ROGER: 

a. MR. WORTHY. WE HAVE EEEN TALKING A LITTLE ABOUT A 

DOCUMENT THATS IN EVIDENCE TO SEE WHETHER IT MIGHT REFRESH 

YUUR RECOLLECTION OR HELP YOU TO CLARIFY, IN FACT, WHEN 

MEETINGS TOOK FLACE OR WHEN MOVEMENTS QCCURRED. I WANTED THE 

COURTS PERMISSION TO SHOW —— TO APPROACH YOU TO SHOW YOU 

ANOTHER DOCUMENT. 

MR. BOGER: THANE YOU, YOUR HONOR. 

BY MR. BOGER: 

od. MR. WORTHY, THIS DOCUMENT IS IN EVIDENCE AS 

PETITIONERS EXHIBIT &. IT IS A TRANSCRIPTION OF A STATEMENT 

THAT CFFIE EVANS GAVE TO ASSISTANT DISTRICT ATTORNEY PARKER 

AND SEVERAL POLICE OFFICERS INCLUDING DETECTIVE HARRIS ON THE 

FIRST OF AUGUST. 

ID LIKE TO ASK YOU TO LOOK TO FAGE 3 OF THAT 

DOCUMENT. AND THE WAY YOU CAN TELL WHATS PAGE 3, DOWN ON THE 

BOTTOM RIGHT—-HAND CORNER THERE ARE SOME NUMBERS ON EVERY 

FAGE, S-&68, 3, 4, 5S, ET CETERA. THE ONE WITH 3 AS THE SECOND 

DIGIT FROM THE RIGHT IS THE THIRD PAGE. 

DO YOU SEE THE PAGE THAT STARTS: "LATER DECREE" 

A. YEE. 

ta. OKAY. YO 'VE GOT THAT PAGE. LETS LOOK DMHIN TO THE 

  

  

 



  

  
  

& fy
 

FIRST FULL PARAGRAPH OF THAT DOCUMENT. MR. EVANSY STATEMENT 

AT THIS POINT 1S THE NEXT 

DAY, JULY ¥, 1978: “AFTER BREAKFAST, I TOLD 

WARREN MCCLESKEY" —-- AND THEN HE RECOUNTS, YOU CAN REVIEW IT 

FOR SEVERAL PAGES, A DISCUSSION THAT HE HOLDS WITH MR. 

MCCLESKEY. 

DC YOU SEE THAT PORTION OF THE DQCUMENT? 

A. YES. 

(A OKAY. LETS LOOK OVER (ON PAGE 7 OF 

THIS DOCUMENT, THAT STARTS: RIN JAIL HERSELF. ® 

DG YOU SEE THAT? 

d. LET "5 LOO DOWN AT THE FULL —-- FIRST FULL PARAGRAPH 

THERE. MR. EVANS 

SAYS: “THE NEXT DAY. JULY (0, 1978, AROUND 

100 A.M., WE STARTED TALKING AGAIN." AND THEN FURTHER, THE 

NEXT SENTENCE BEGINS: “"MCCLESKEY SAID," ET CETERA. AND 

THERE IZ SOME FURTHER CONVERSATIONS WITH pK. 

MCCLESKEY. 

THEN LETS LOOK OVER ON PAGE 9, IF YOU WCZULD. ABOUT 

THE MIDDLE OF THE PAGE, THERE IS SOME DISCUSSION ABOUT 

MCCLESKEY TALKING. AND OVER ON THE FAR RIGHT IT SAYS, DO YOU —- 

ASKED MCCLESKEY, GLUIQOTE: "IS YOUR PARTNER STILL DOWN THERE?" 

GUOTE, MCCLESKEY 

SAID: "YEAH: SAYS HES BENS UNCLE. DIPREE 

  

  

 



  

  

N 

  

44 

SAID, 1 DIDN'T KNOW NOTHING ABOUT BEN HAD NO UNCLE, MAN," ET 

CETERA. AND THEY GO ON TALKING, AND THEN MR. EVANS 

APPARENTLY TALKE WITH MR. DUPREE. 

D0 You SEE THAT PORTION? 

A. YES. 

Gl. OKAY. ONE LAST LOOK, LETS GO OVER TO PAGE {2 anND 20 

NEAR THE END OF THE DOCUMENT. AT THE VERY BOTTOM OF THE FAGE 

THERES SOME QUESTIONS AND ANSWERS. 

Dy) YO SEE THE "oi" PERIOD? 

A. RIGHT. 

“. "EARLIER IN YOUR STATEMENT YOU TOLD US ABOUT LENGTHY 

CONVERSATIONS YOU HAD WITH WARREN MCCLESKEY. HOW WERE YQil 

ABLE TO CARRY ON THESE CONVERSATIONS WITHOUT DUFPREE BEING 

ABLE TO HEAR? HOW COULD YOU HEAR THE CONVERSATIONS RETWEEN 

MCCLESKEY AND DUPREE®" 

ANSWER, FROM MR. EVANS: “THE ONLY WAY THAT 

DUFREE COULD HEAR US TALKING IS THAT HED HAVE TO EE UP TO 

THE VENT BECAUSE HE WAS OVER US, SO WE LAID DOWN ON THE 

FLOOR. MCCLESKEY WAS ON THE FLOOR AND I WAS ON MY BED. AND 

WE TALKED AROUND THE BARS FROM THE FRONT FART OF THE CELLS," 

AND SO ON. 

DOES ANY OF THIS TESTIMONY, THIS STATEMENT BY MR. 

EVANS, HELP TO CLARIFY IN YOUR MIND WHETHER. IN FACT. MR. 

EVANS WAS MOVED AFTER THE MEETING ON THE 12TH GR POSSIBLY 

REFORE? 

  

  

 



  

  
  

4% 

A. THE ONLY ENCOUNTER I HAD WITH THAT IS THAT I WAS —- 

ASKED FOR HIM TO BE MOVED AFTER THE INTERVIEW. 

Qo. NOW, THIS IS THE INTERVIEW WITH MR. DORSEY; I5 THAT 

CORRECT? 

A. THERE WAS SEVERAL ALONG WITH MR. DORSEY. 

©. IS THIS THE INTERVIEW WITH MR. RUSSELL PARKER? 

A. THERE WERE SEVERAL OFFICERS THERE. 

i. OKAY. SO IT MAY HAVE BEEN A MEETING WITH DORSEY AND 

SOME OTHER OFFICERSS IS THAT CORRECT? 

A. IT COULD HAVE BEEN. 

. AND THERE WERE FOSSIBLY SOME LATER MEETINGS? 

A IT 5 PUSZIBLE. 

Hd. OEAY ANDI AT ONE OF THESE MEETINGS, THE REQUEST CAME 

TO YOU FROM ONE OF THE OFFICERS, PLEASE MOVE EVANS NEXT TO 

MUCUESKEY? 

Aa YES. 

Gla AND THEN THERE MAY WELL HAVE BEEN SUBSEQUENT MEETINGS? 

A. IT's POSSIBLE. 

Gl. AT ONE OF WHICH MR. PARKER MAY HAVE BEEN FRESENT? 

A. cauLlr HAVE BEEN, YEAH. 

(Pp OKAY. NOW, YOU TESTIFIED THIS MORNING THAT YOUR 

PRESENT RECOLLECTION MAY BE THAT —- THAT A REQUEST FOR A MOVE 

FRHYSICALLY CAME FROM DEPUTY HAMILTON. I BELIEVE THATS WHAT 

YOU SAID THIS MORNING: IS THAT RIGHT? 

A. HE WAS THE FIRST TO ASK. 

  

  

 



  

  

  

«. OKAY. LETS —-— LETS LOOK BACK AT YOUR TESTIMONY. GO 

BACK NOW TO THE TRANSCRIPT THAT YOU HAVE BEFORE YOU. THAT S 

THE YELLOW DOCUMENT THAT YOU-“VE GOT, THE BIG ONE. LETS LOOK 

BACK ON PAGE 152 AT THE TOF OF THE PAGE THERE. 

YOURE BEING QUESTIONED BY ME, AND THE QUESTION ISt 

"NOW, MR. WORTHY, WAS THERE EVER AN CQCCASION DURING YOUR 12 

YEARS AS CAPTAIN WHERE THE FOLICE 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 

AND! THERES AN OBJECTION BY MS. WESTMORELAND. AND AT 

SOME POINT ON LINE 15 VOUCRE TOLD YOU CAN ANSWER. AND YO DD 

ANSWER: "YES, I HAVE HAL THAT REQUEST." 

THEN DOWN ON LINE ZO 

YORE ASKED FURTHER: "OKAY. DID THAT REQUEST NEED TO 

BE FROM LEWIS SLATTEN OR THE HEAD OF THE ATLANTA BUREAU OF 

FOLICE SERVICES OR COULD ANY DETECTIVE OR OTHER PERSON MAKE 

THAT KIND OF REQUEST?" AND YOUR 

ANSWER ON LINE 24: "USUALLY IT WOULD BE DETERMINED BY THE 

OFFICER THATS HANDLING THE CASE." 

NOW, WAS THAT YOUR TESTIMONY ON THE 9TH OF JULY? 

A. IT WAS. 

. AND! IS THAT TRUE? 

A. YES, SIR. 

  

 



  

  

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47 

«. OKAY. LETS LOOK OVER ON PAGE 133 WHICH IS THE NEXT 

PAGE. AT THE TOP OF THE PAGE THERE THE 

QUESTIONING CONTINUES: "OKAY. DO YOU RECALL SPECIFICALLY IN 

THIS CASE WHETHER SUCH A REGUEST WAS MADE?" ANSWER: 

"YES, SIR." QUESTION: "WHO MADE THE REQUEST?" ANSWER: "I 

REALLY DON‘T KNOW, SIR." QUESTION: “AND WAS MR. EVANS PUT 

CIN A CELL NEXT TO MR. MCCLESKEY?" ANSWER: "TO MY 

RECOLLECTION 

HE WAS." QUESTION: "OKAY. AND THAT WAS AT THE REQUEST OF 

SOME OFFICER WHO MADE" —-- AND YOU INTERRUFT TO ZAY, 

ANSWER: “THE OFFICER ON THE CASE." 

IS THAT YOUR TESTIMONY ON JULY THE 9TH? 

A. YES: SIR. 

Ci. AND IS THAT TRUE? 

Fa YES, EIR. 

Gla OKAY. LETS LOOK OVER AT PAGE 154. ON THE BOTTOM OF 

153 THERES TESTIMONY YOU ALREADY TALKED ABOUT WHERE YOU'RE 

SAYING THAT SOME —-- MS. 

WESTMORELAND HAS ASKED: "YOU RE SAYING SOMEONE ASKEDR you 

SFECIFICALLY TG PLACE OFFIE EVANS IN A SPECIFIC LOCATION IN 

THE FULTON COUNTY JAIL 20 HE COULD OVERHEAR CONVERSATIONS 

WITH WARREN MCCLESKEY?" YOU ANSWERED: "YES, MA AM." 

AND THEN ON 154, QUESTION: "WHEN WAS THAT REQUEST 

MADE 

AND BY WHOM?" YOUR ANSWER: "T DONT KNOW EXACTLY WHO MADE 

  

  
  

 



  

  

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THE" ~~ DASH —- "WHO ASKED FOR THE REQUEST. BUT DURING 

THIS PARTICULAR TIME THERE WERE SEVERAL INTERVIEWS OF MR. 

EVANS BY VARIOUS OFFICERS." QUESTION: “ALL RIGHT." AND —-- 

ANSWER: "AND THE EXACT ONE THAT ASKED THAT REQUEST BE MALE I 

REALLY CANT SAY NOW, I REALLY DON'T KNOW." 

WAS THAT YOUR TESTIMONY ON JULY THE 9TH? 

Ss YEE. 

(9 AND IS THAT TRUE? 

A. YES, SIR. 

a BETWEEN THEN WHAT YOUU TESTIFIED ON PAGE 153 AND 154, 

YOUR RECOLLECTION ON JULY THE 2TH. WHAT YOU HAVE TESTIFIED 

TODAY IS TRUE, IS THAT SOME OFFICER ON THE CASE ASKED THAT 

MR. MCCLESKEY BE MOVED IS THAT CORRECT? 

A. THAT I5 CORRECT. 

THE COURT: MR, MCOLESKEY OR MR, EVANS? 

BY MR. BOGER: 

Gia I'M SORRY. MR. EVANS BE MOVED. FORGIVE ME. THE 

REQUEST WAS MADE BY SOME OFFICER ON THE CASE FOR MR. EVANS TO 

BE MOVED. 

A. CORRECT. 

Gd. OKAY. AND AT THAT TIME YOU WERE TALKING IN THE 

CONVERSATION ABOUT POLICE OFFICERS: IS THAT CORRECT? 

A. YES. SIR. 

GH. DEPUTY HAMILTON IS THE DEPUTY SHERIFF. IS HE NOT? 

A. CORRECT. 

  

  

 



  

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In

 
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RQ. I8 HE A POLICE OFFICER? 

A. HE WAS AN OFFICER. 

@. BUT HE WAS NOT AN OFFICER WITH THE PGLICE. WAS HE? 

A. NC, NOT A POLICE OFFICER. HE WAS AN OFFICER. 

Gl. OKAY. DO YOQU —— DID YOU CONSIDER MR. HAMILTON THE 

OFFICER ON THE CASE OF THE SCHLATT MURDER? 

A. NOs SiR. I DO NOT CONSIDER HIM BEING AN OFFICER ON THE 

CASE. 

(2. OKAY. S00 EVEN THOUGH DETECTIVE HAMILTON MAY HAVE COME 

AND SAID I WANT PERMISSION TO MOVE, YOUR TESTIMONY IS, IS IT 

NOT, MR. WORTHY, THAT A POLICE OFFICER ASKED YOU TO MAKE SUCH 

A MOVETY 

(A DEFLTY HAMILTON US NOT A DETECTIVE. HE WAS ASKED RY 

MR. EVANS TO CONTACT THE OFFICERS, AND WHEN MR. HAMILTON 

CONTACTED THE OFFICERS. WHAT THEY TOLD HIM I DO NOT KNOW. 

2. I'M NOT INTERESTED IN RIGHT NOW WHAT MR. EVANS TOLD 

MR. HAMILTON. 

A. RIGHT. 

(R9 I“M INTERESTED -- YOUR TESTIMONY HAS BEEN CONSISTENTLY 

wu
 

THAT ONE OF THE OFFICERS ON THIS CASE ASKED YOU TO MAKE THAT 

MOVE. 

MR. HILL: I WANT TO POSE AN OBJECTION. THAT'S A 

MISREPRESENTATION OF FACTS. 

THE COURT: COUNSEL, YOU JUST INTERRUPTED THE WITNESSS 

ANSWER, AND I WANTED TO HEAR IT. 

  

  

 



  

£2
 

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> 

  

  

MR. HILL: WELL. I APOLOGIZE, YOUR HONOR, BUT I WAS 

TRYING TO GET MY OBJECTION QUT BEFORE THE WITNESS RESFONDEL. 

MR. BOGER’S REPRESENTATION OF THE FACTS TQ THIS 

WITNESS ARE NOT THE FACTS THAT HAVE BEEN TESTIFIED TO. 

THE COURT: OVERRULE YOUR OBJECTION. MR. WORTHY, DO 

YOU RECALL WHAT YOu WERE ABOUT TO SAY? 

THE WITNESS: COULD YOU REPEAT THE QUESTION? 

BY MR. BOGER: 

Gla I SAID YOUR TESTIMONY HAS BEEN THAT SOME OFFICER OM 

THIS CASE ASKED YOU TO MOVE MR. EVANS NEXT TO MR. MCCLESKEY. 

A. MADE THE REQUEST FOR HIM TO BE MOVED. 

ed. OKAY. AND THAT WAS A POLICE OFFICER: IS THAT CORRECT? 

A. Hi WAS AN OFFICER ON THE CASE. I CONDN'T SAY WHETHER 

HE WAS A POLICE OFFICER. THAT — AS I EXPLAINED IS THE ONLY 

REATON WHY I WOULD MOVE AN INDIVIDUAL IS SOMEONE. OFFICERS 

THAT WAS ON THE CASE WOULD ASK THAT PERMISSION, NOT JUST 

ANYBODY. 

(a QkAY. INDEED, MR. EVANS COULDN'T ASK YOUU, "I WANT TO 

BE MOVED AND BE MOVED BY YOu," COULD HE? 

A. NO. SIR. 

Gl OKAY. IT7¢ YOUR RECOLLECTION YOU SIMPLY DONT 

REMEMBER WHICH ONE OF THE POLICE OFFICERS WHO WERE ON THIS 

CASE MADE THAT REQUEST? 

A. I OG NOT, SIR. 

(RN OKAY. MR. WORTHY, DO YOU -- WHEN YOU TESTIFIED ON 

  

  

 



  

IA
 

  

  

JULY THE 9TH, YOU WAITED QUT HERE IN THE VESTIBULE QUTSIDE 

THE COURTROOM FOR AWHILE: 15 THAT CORRECT? 

A. YES. 

od. AT THAT TIME HAD YOU EVER MET ME BEFORE? 

A. NO, I DON'T BELIEVE $50. 

THE COURT: WHAT WAS YOUR ANSWER? 

THE wITMESSS I DONT BELIEVE 80, 

BY MR. BOGER: 

G1. HAD YO EVER MET MR. STROUPY 

THE COLIRT: THIS GENTLEMAN RIGHT OVER HERE. 

MR. BOGER: I'M SURRKY. 

THE WITNESS: NICE, 

BY MR. BOGER: 

Gla HAD YOU EVER TALKED WITH EITHER MR. WORTHY OR —- 

EXCUSE ME, Mi. STROUP OR MYSELF PRIOR TO THAT DAY ABOUT THIS 

CASEY 

A. NO, SIR. 

(1. OkAY. NOW. YOU AND I SPOKE BRIEFLY IN THE HALL OUT 

THERE. DO YOU REMEMBER THAT, BEFORE YOU CAME IN TO TESTIFY? 

A. RIGHT. 

>. HOW LONG WOULD YOU SAY WE SPOKE? 

A. WELL, YOU INTRODUCED YOURSELF RIGHT WHEN I CAME OFF 

THE ELEVATOR. 

a. OKAY. 

A. A MATTER OF & FEW MINUTES. 

  

  

 



  

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2
 

  

  
8 ba

 

(1. ALL RIGHT. HAD YOU SPOKEN WITH ANY MEMBERS OF THE 

STATE ATTORNEY GENERALS OFFICE ABOUT THIS CASE PRIOR TO THE 

TIME —-- PRIOR TO THAT DAY —-- PRIOR TO THE TIME YOU CAME UF IN 

THAT ELEVATOR? 

A. SOMEONE CAME BY AND BROUGHT ME A SUBPOENA. 

i. ALL RIGHT. APART FROM HAVING HANDED YOU THE SUBPOENA, 

Hal YOU SPOKEN WITH MS. WESTMORELAND OR ANY OF THE OTHER 

FEOPLE ON THE CASE? 

A. NOT THAT I KNOW OF. 

cl. DID YOU SFEAK WITH HER BRIEFLY IN THE HALL BEFORE you 

CAME UP TO TESTIFY? 

A. YES, 1 BELIEVE I [ID 

(1. HOW LONG WAS THAT? 

A. A MATTER OF MINUTES. 

da ORAY. WHEN YOU CAME TO THE STAND ON JULY THE TH. DID 

YOU KNOW WHAT THE FACTUAL ISSUES IN THIS CASE WERE BEFORE THE 

COURT? DID YOu KNOW WHAT THE HEARING WAS ABOUT? 

A. YES. 

. WHAT DID YOu UNDERSTAND IT TQ BE? 

A. WELL, IT WAS THE MCCLESKEY CASE. 

. OKAY. BUT DID YOU KNOW WHAT THE PARTIES WERE ARGUING 

ABOUT OR WHAT ANY OF THE OTHER EVIDENCE IN THE CASE HAD BEEN? 

A. NO, I DIDNT. 

Gla OKAY. DID YOU KNOW ANYTHING ABOUT THE LEGAL ISSUES 

THAT WERE BEFORE THE COURT? 

  

  

 



  

  

fa
 

] 

  

A. NG, SIR. 

RQ. OKAY. SO ITS YOUR TESTIMONY THAT WHEN YOu TOOK ThE 

STAND ON JULY THE 2TH, YOU REALLY HAD NEVER MET MYSELF OR MR. 

STROUP BEFORE OR TALKED WITH US, EXCEFT ME FOR FIVE MINUTES 

OR A FEW MINUTES IN THE HALL AND YOU HAD NEVER REALLY TALKED 

WITH THE STATE? 

Mik. HILLS YOUR HONOR, I WANT TQ OBJECT. MR. BOGER IS 

ARGUING HIS CASE. HES NOT ASKING A QUESTION. AND HE'S 

ALREADY —— HES ALREADY PURSUED THAT LINE OF QUESTIONING. 

THE COURT: I WILL SUSTAIN THE QBJECTION TO ASKED AND 

ANSWERED. 

BY MR. BOGER: 

Gf. NOW, SUBSEQUENT TG YOUR TESTIMONY ON JULY THE 9TH. DIO 

THERE COME A TIME WHEN YOU MET WITH MR. ——- PERSONS FROM THE 

STATE TO TALK ABOUT THIS CASE OR YOUR TESTIMONY? 

A. NC, SIR. 

. DID YOU MEET AT SOME POINT WITH MS. WESTMORELAND OR 

MR. HILL? 

A. EEFPORE ~~ 

. NO. AFTER JULY THE 9TH BUT BEFORE TODAY. 

A. YES. B1R. 

GQ. WHERE DID YOU MEET WITH THEM? 

A. I SAW MR. HILL ON YESTERDAY. 

G. OKAY. WAS THERE ANY MEETING BEFORE YOUR MEETING WITH 

MR. HILL YESTERDAY? 

  

  

 



  

  

13 
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2 

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0 
0 

  

A. YES. S1R. 

Gl. DO YOU RECALL WHERE THAT WAS? 

A. AT THE FULTON COUNTY COURTHOUSE. 

Glo GKAY. LO YOU REMEMBER WHAT THE DATE WAS? 

A. NO, SIR, I DONT. 

¢. HOW LONG DID YOU MEET WITH THEM AT THAT TIME? 

Ae 170 SAY ABOUT 30 OR 40 MINUTES, MORE OR LESS. 

(A KAY. DID THEY ASK YOU QUESTIONS ABOUT YOUR 

TESTIMONY? 

A. WELL, YES, SHE ASKED QUESTIONS. 

id. DIL THEY DISCUSS THE MATTERS YOU TESTIFIED AROUT 

TODAY? 

A. THEY WERE ASKING QUESTIONS ABOUT THE FRIOR TIME THAT I 

WAS HERE. 

GL. QrAY. DID yo! MEET -- YOU SAID, YESTERDAY WITH MK. 

HILL. WHERE WAS THAT MEETING? 

A. WELL, I SAW HIM WHILE I WAS AT WORK. 

la AND HOW LONG WERE YOU -- 

A. HE CAME BY. 

. -- WERE YOU TOGETHER? 

A. NOT LONG. ABOUT TEN MINUTES 17D SAY. 

Qo, OKAY. ABOUT TEN MINUTES. SO THERE WERE TWO MEETINGS, 

AT LEAST, WITH THE STATE AFTER YOUR TESTIMONY ON THE 9TH? 

A. RIGHT. 

(A AND AT YOUR MEETING YESTERDAY WITH MR. HILL, DID vou 

  

  

 



  

  

! ’ p_— ». . 
1 3 £3 

Pd. Mig 

  
n n 

TALK OVER WHAT YOU WOULD SAY TODAY, WHAT YOUR TESTIMONY WOULD 

A. NO, SIR. 

MR. BOGER: ONE MOMENT. YOUR HONOR. 

BY MR. BOGER: 

G1. WHAT DID YOU DISCUSS YESTERDAY WHEN YOU TALKED WITH 

A. THERE WERE SEVERAL THINGS THAT WE TALKED ABOUT. 

SCHOOL, HIS SCHOOLING. I WAS AT WORK, AND HE CAME RY. 

=. DID YOU HAVE ANY DISCUSSION ABOUT THIS CASE? 

A. ANY MORE THAN I WOULD BE HERE TODAY? 

Gla RIGHT. 

Ae THAT THE CASE WOULD BE HEARD TODAY. 

tl. AND WHAT WAS THE SUBSTANCE OF THE CONVERSATION OR DID 

YOU HAVE -~— DID YOU TALK MORE ABOUT SPECIFICALLY WHAT THE 

EVIDENCE WAS OR WHAT YOU MIGHT SAY? 

Aa NCS NOTHING ABIUT WHAT I WQULD SAY. 

(BN YOU HAD ALREADY -- YO HAD HAD THAT MEETING PREVIOUSLY 

WITH MR. HILL AND MS. WESTMORELAND: 13 THAT CORRECT? 

A NOT AS TO WHAT I WOULD SAY TODAY BECAUSE —- 

A BUT WHAT YOUR TESTIMONY AT LEAST WAS, WHAT YOUR 

RECOLLECTIONS WERE AT THAT TIME? 

Au FRIOR TO THIS CASE. YEAH. 

2. OKAY. NOW, DID YOU SEE AT ANY FOINT A NEWSPAFER 

ARTICLE AFTER THE JULY 9TH HEARING? 

  

  

 



  

  

8)
 

LW
 

  

56 

YES, SIR, I DID. 

DID YOU NOTE THAT YOU WERE MENTIONED IN THAT ARTICLE? 

YES, SIR. 

OKAY. SO YOU READ THE ARTICLE? 

ABOUT FOUR DAYS LATER. YEAH. 

OKAY. NO FURTHER QUESTIONS, YOUR HONOR. 

The COURT: REDIRECT? 

MR. HILL: YES, YOUR HONOR. 

REDIRECT EXAMINATION 

BY MR. HILL. 

Gl. MR. WORTHY, IN RESPONSE TO NUMEROUS QUESTIONS BY MR. 

BOGER, YOU TALKED ABOUT A MEETING WITH OFFIE EVANS AND THE 

INVESTIGATORS ON THE MCCLESKEY CASE, RIGHT? 

FA. 

Gla 

YES, SIR. 

WHEN WAZ THE VERY FIRST TIME YOLI EVER -- BACK IN THE 

SUMMER OF 1973, WHEN WAS THE VERY FIRST TIME YOU EVER LAID 

EYES 

A. 

(NI 

ON OFFIE EVANS? 

WHEN THEY BROUGHT HIM TO THE JAIL. 

ALL RIGHT. YOU SAW HIM WHEN HE ACTUALLY CAME IN OFF 

THE STREET, IS THAT WHAT YOURE SAYING? OR WAS IT -- 

A. 

GA. 

A. 

a. 

WHEN 

NC I -— 

WAS IT WHEN CARTER HAMILTON CAME TQ YOUR OFFICE? 

I HAD SEEN HIM PRIOR TO THAT TIME IN JAIL. 

CkKAY. OTHER THAN SEEING HIM IN JAIL. IN THE FACILITY, 

WAS THE FIRST TIME YOU WERE EVER IN A POSITION WHERE IT 

  

  

 



    

  

  

WAS YOU, OFFIE EVANS, AND POLICE OFFICERS? 

A. DURING THE TIME THAT THEY CAME OUT TO INTERVIEW HIM. 

I DON'T KNOW THE SPECIFIC DATE. 

1. NOW, YOU SAY IT WAS DURING THE TIME THEY CAME QUT TO 

INTERVIEW HIM. IS THIS THE INTERVIEW THAT TOOK PLACE IN YOUR 

OFFICE? 

a. YES: SIR. 

Gl. GKAY. S0 THE INTERVIEW THAT TOOK PLACE IN YOUR OFFICE 

IS THE FIRST TIME THAT YOU RECALL POLICE OFFICERS TALKING TO 

OFFIE EVANZ AT THE FULTON COUNTY JAIL ABOUT THE SUHLATT 

MURDERS IS THAT A FAIR STATEMENT? 

A. YES: SIR. 

Il. NCW, AT THAT POINT IN TIME, WHATEVER DATE IT WAS. WE 

KNOW THERE WAS AN INTERVIEW OF OFFIE EVANS IN YOUR OFFICE 

WITH THE INVESTIGATORS ON THE SCHLATT MURDER, CORRECT? 

MR. BOGER: YOUR HONOR, IF I COULD OBJECT. NOW. MR. 

HILL IS ON DIRECT. 1 PERMITTED HIM A LITTLE BRIT OF LEADING 

TO SET THE STAGE, BUT IT SEEMS TO ME ON THE CRITICAL 

TESTIMONY HE REALLY OUGHT WITH HIS OWN WITNESS AT THIS FOINT 

TO ASK HIM QUESTIONS IN THE PROPER FASHION. 

THE COURT: IF THAT’S AN OBJECTION TO A LEADING 

QUESTION. ILL SUSTAIN IT. 

MR. BOGER: THANK YOU, YOUR HONOR. 

MR. HILL: LL RIGHT. YOUR HONOR, 1 WAS JUST ~— NO 

   



  

  
  

RESPONSE. 

BY MR. HILL: 

CR
 

@ 

THAT TOOK PLACE IN W. MR. WORTHY. PRIOR TO THE MEETING 

SCHLATT YOUR OFFICE WITH OFFIE EVANS AND INVESTIGATORS ON THE 

MURDER. HAD YOU EVER HAD A MEETING BEFORE THAT TIME WITH 

SCHLATT MURDER? OFFIE EVANS AND POLICE OFFICERS ABOUT THE 

: a. NO, £iR. 

SOMETHING ABOUT THE Gl. OKAY. NOW, MR. WORTHY. 1 NOTE 

BOGER ASKED YOU HAD MANNER IN WHICH YOU TESTIFIED. WHEN MR. 

You EVER MET HIM BEFORE THE MEETING OUT HERE IN THE HALLWAY 

TESTIFIEL = HAD WITH YOU OR THE VESTIBULE AT THE TIME YOU 

JULY 9TH, YOU SAID: YI DON'T BELIEVE 

D0 you REMEMBER THAT? 

A. YES, SIR. 

J. OKAY. DOES THAT MEAN THAT, NEVER MET HIM 

BEFORE OR DOES THAT --— DOEZ THAT MEAN THAT YOU MAY HAVE MET 

HIM BEFORE BUT YOU DON'T REMEMBER? 

QCCAS TON. A. IF 1 HAD MET HIM BEFORE, IT WASN'T ON THIS 

SEVERAL G1. THE REASON I ASKED YOU THAT IS BECAUSE IN 

HE TALKED QUESTIONS THAT WERE POSED TO YOU BY MR. 

ABOUT WAS THERE A LATER MEETING AND 

FOSSIBLE." 

DOES THAT MEAN THAT NOW. WHEN YOU SAID ITS POSSIBLE, 

A LATER MEETING TOOK FLACE., IT MAY HAVE TAKEN FLACE, 

DON'T KNOW FOR A FACT THAT IT TOOK PLACE? 

  

  

 



  

nN
 

4 

10 

  

  
A
 vs
) 

A. NOW, MR. HILL. I STATED THAT USUALLY WHEN CASES ARE -- 

INMATES ARE BROUGHT INTO THE JAIL. WE HAVE VARIOUS LAW 

ENFORCEMENT OFFICERS COMING IN TO INTERVIEW FROM TIME TO 

TIME. ©0 REALLY I COULD NOT SAY THAT THERE HAD BEEN A 

ig
 MEETING PRIOR TO THE TIME THAT THEY CAME TO MY OFFICE. I WA 

TESTIFYING THAT THAT PARTICULAR MEETING I KNOW ABOUT RECALSE 

I WAS PHYSICALLY THERE. 

ol. AND! THATS THE ONLY MEETING YOU ENOW ABOUT? 

A. RIGHT. 

Gla MR. WORTHY, SINCE YOU TESTIFIED HERE ON JULY 9TH —— 

LET ME REFPHRASE THAT. 

WHEN YOU WERE CALLED AS A WITNESS ON JULY 2TH aND you 

TOOK THE WITNESS STAND, PRIOR TO YOUR TESTIMONY IN COURT THAT 

DAY ON JHIY 9TH. HAD YOU THOUGHT ABOUT THIS CASE, TRIED TO 

REFRESH YOUR RECOLLECTION ON IT AT ALL? 

A. NO. SIR. 

Gl. WERE YOU HIT COLD? 

A. YES Z IR. 

2. HAVE YOU HAD AN OPPORTUNITY SINCE JULY 9TH TO TRY AND 

REMEMBER WHAT THERE IS FOR YOU TO REMEMBER? 

Aa YES, I“VE TRIED TO THINK QVER SOME THINGS. 

Ho. HAVE YOU HAD AN CPPORTUNITY TO THINK ABOUT IT? IS 

YOUR MEMORY BETTER NOW THAN IT WAS ON JULY 9TH? 

MR. BOGER: OBJECTION, YOUR HONOR. I THINK THATS 

LEADING. 

  

  

 



  

(Lo
 

& 

a kT 
a rad 

  

  

THE COURT: OVERRULED. 

BY MR. HILL: 

(. HAVING HAD AN OPPORTUNITY TO THINK ABIUT IT, IS YOUR 

MEMORY BETTER NOW THAN IT WAS ON JULY 9TH WHEN YOU WERE HIT 

COLD WITH THESE QUESTIONS? 

A. IT’S A LITTLE MORE REFRESHED. YEAH. 

We NUW» MR. BOGER KEPT ASKING YOU ABOUT AN OFFICER ON THE 

CASE HAVING TO MAKE A REQUEST. IN MAKING YOUR RESPONSES WERE 

YOU ASSUMING THAT SOME OFFICER ON THE CASE HAD REGUESTED 

CARTER HAMILTON TO ASK YOU ABGIUT MOVING OFFIE EVANS -- 

THE COURT: SUSTAINED. 

MR, HILL: WHAT WAS THE OBJECTION, YOUR HONOR? 

MK. BOCGERS: I Dd ORJAECT, YOUR HONOR. 

Mi. HILLS I DIDN'T HEAR THE OBJECTION. 

THE COURT: YOLE SHOULD HAVE HEARD IT IN YOUR OWN HEAD, 

MR. HILL. 

MR. HILL: I WAS CONCENTRATING ON THE QUESTION. 

THE COURT: THAT WAS A TERRIBLY LEADING QUESTION. 

MR. HILL: YES, YOUR HONOR. MAY I HAVE a MOMENT, YOUR 

THE COURT: LET ME ASK YOU A QUESTION. 

MR. HILL: I BEG YOUR PARDON? 

THE COURT: LET ME ASK THE WITNESS A QUESTION. 

MR. HILLY YES, SIR. 

THE COURT: WELL. LET ME SAY SOMETHING TO YOU FIRST. 

  

  

 



  

2 

10 

  

  

61 

I“M SURE YOU REALISE THIS IS AN IMPORTANT CASE, A BROTHER LAW 

ENFORCEMENT OFFICER OF YOURS WAS SHOT DOWN AND THE JURY HAS 

FOUND THIS MAN GUILTY AND IMPOSED THE DEATH PENALTY. ON THE 

OTHER HAND, ITS HIS LIFE, AND TO PUT IT TO YOU RIGHT 

STRAIGHT, I THINK HIS LIFE HANGS ON YOUR TESTIMONY. 

S80 I WANT YOU TO UNDERSTAND IT’S IMPORTANT. 

THE WITNESS: YES, SIR. 

THE COURT: SO WERE NOT HERE TU TAKE SIDES. WERE 

NOT HERE TO PLEASE MR. HILL OR THE POLICE OFFICERS. WE'RE 

NOT HERE TO PLEASE MR. BUOGER OR MR. MCCLESKEY. 

DO YOU UNDERSTAND THAT? 

THE WITNESS: (WITNESS NODS HEALD AFFIRMATIVELY). 

THE COURT: WE'RE NOT HERE BECAUSE YOU HAVE ANY 

FEELINGS ABOUT CAFITAL PUNISHMENT, EITHER THAT ITS 4 Goan 

THING OR A BAD THING. WERE HERE TQ FIND OUT THE TRUTH. ONE 

OF THE FROBLEMS THAT IM HAVING IS THIS: IT IS CLEAR TO ME 

FROM YOUR TESTIMONY AND FROM EVERYTHING ELSE I KNOW OF THE 

CASE THAT FRIOGR TO THE TIME THAT MR. RUSSELL PARKER 

INTERVIEWED MR. MCCLESKEY THE FIRST TIME ~-- IM NOT TALKING 

ABOUT THE OTHER OFFICERS —— THERE WERE OFFICERS WITH MK. 

FARKER, OKAY, WHEN HE INTERVIEWED HIM. 

BUT FRIOR TO THE TIME THAT MR. PARKER INTERVIEWED MR. 

MCCLESKEY THE FIRST TIME, MR. MCCLESKEY HAD BEEN NEXT —-- 

INTERVIEWED MR. EVANS THE FIRST TIME, MR. EVANS AND MK. 

MCCLESKEY HAD BEEN NEXT DOOR TO EACH OTHER BECAUSE OTHERWISE 

  

  

 



  

& 

10 

  

  

THEY WOULDN'T HAVE HAD ANYTHING TG TELL MR. PARKER OR THE 

DISTRICT ATTORNEYS OFFICE. 

DO YOU SEE WHAT IM GETTING AT? 

THE WITNE3S: YES. 

THE COURT: NOW. MR. PARKER AND THOSE OFFICERS HAVE 

TESTIFIED, IF I REMEMBER THE EVIDENCE CORRECTLY, THAT THEY 

USED YOUR GOFF ICE ON THAT OCCASION TO TALK TO MR. EVANS. [DO 

YOU KNOW WHO MR. RUSSELL PARKER IS? WOULD YOU RECOGNIZE HIM 

IF You SAW HIM? 

THE WITNESS: HE WORKS FOR THE D.A. 75 OFFICES. HE 

WORKS FOR THE D.A."S OFFICE. 

THE COURT: WOLD YOU RECOGNIZE HIM IF YOU SAW HIM OR 

OID You AT THAT TIME KNOW WHAT HE LOOKED LIKET 

THE WITNESS: YES, I DID 

’ { THE COURT: ALL THE INVESTIGATING OFFICERS IN THIS 

CASE ARE BLACK: IS THAT RIGHT? 

THE WITNESS: THAT I KNOW. 

THE COURT: HARRIS. JOWERS, AND DORSEY IVE SEEN. AND 

THEY APPEAR TO ME TO BE BLACK, [IO YOU AGREE WITH ME? 

THE WITNESS: WELL. IF —— WELL, YOU CALLED ONE NAME. 

I“M NOT SURE. 

THE COURT: IS IT JOWERS OR —- 

MR. HILL: JOWERS. 

THE COURT: JOWERS. DO YOU KNOW THOSE THREE OFFICERS? 

THE WITNESS: I KNOW DETECTIVE HARRIS AND DETECTIVE 

  

  

 



  

10 

  

  

DORSEY. 

SOME BL 

FARKER, 

TOGETHE 

MEETING 

EVANS? 

MEET ING 

ANOTHER 

THE COURT: AND WHAT RACE ARE THEY? 

THE WITNESS: I MAY KNOW DETECTIVE JOWERS. 

THE COURT: WHAT RACE ARE THOSE DETECTIVES? 

THE WITNESS: THEY ARE BLACK. 

THE COURT: WHAT RACE IS MR. PARKER? 

THE WITNESS: WRITE. 

THE COURT: DO YOU REMEMBER A TIME WHEN THERE WERE 

ACK OFFICERS AND A WHITE MAN, WHO MAY HAVE BEEN MR. 

CAME AND USED YOUR OFFICE TO TALK WITH MR. EVANS? 

THE WITNESS: THAT WAS THE TIME THAT THEY ALL CAME 

R TO QUESTION THE —- 

THE COURT: THEY ALL CAME TOGETHER THAT TIME. 

THE WITNESS: THEY CAME TOGETHER. YES. SIR. 

THE COURT: ARE YOU SAYING THAT THERE WAS NEVER A 

IN YOUR OFFICE BEFORE OR AFTER THAT TIME -- 

THE WITNESS: NO, SIR, I DIDNT SAY —-— 

THE COURT: —— WITH OFFICERS OF THE CASE AND MK. 

THE WITNESS: I SAID THERE MAY HAVE BEEN OTHER 

SS,» BUT I WASN-T PRESENT. 

THE COURT: WERE YOU TOLD OF OTHER MEETINGS? 

THE WITNESS: NOT IF I CAN RECOLLECT. 

THE COURT: DID ANYBODY ASK YOU IF IT WAS ALL RIGHT 

OCCASION FOR THEM TO HAVE A TALK WITH MR. EVANS IN 

  

  

 



  

  
  

&4 

YOUR OFFICE? 

THE WITNESS: YOUR HONOR. I JUST REALLY CAN‘T ANSWER 

THAT. I CAN‘T SAY. 

THE COURT: WELL, CAN YOU EXPLAIN FOR ME YOUR 

TESTIMONY TODAY IS THAT THE REQUEST THAT EVANS DRAW OUT 

MCCLESKEY., ASK HIM QUESTIONS, THE REQUEST THAT EVANS OVERHEAR 

MCOLESKEY AND THAT THE REQUEST THAT THEY BE PUT IN CELLS SIDE 

BY SIDE WERE MADE ON THE SAME DATE THAT EVANS IS TELLING THE 

OFFICERS EVERYTHING MCCLESKEY HAS BEEN SAYING, CAN YOU 

EXPLAIN TO ME WHY THEY WOULD BE ASKING AT THAT TIME TO HAVE 

THEM PUT SIDE BY SIDE WHEN THEY RE ALREADY SIDE BY SIDE. HAVE 

HIM LISTEN WHEN HES ALREADY TOLD THEM HES BEEN LISTENING 

AND HAVE HIM ASK QUESTIONS WHEN HE'S ALREADY TOLD THEM HES 

BEEN ASKING QUESTIONS? 

CAN YOU EXPLAIN TO ME HOW THAT HAPPENED? 

THE WITNESS: NO, SIR, I CANNOT. 

THE COURT: BUT YOURE SATISFIED THAT THOSE THREE 

THINGS HAFPENED. THAT THEY ASKED TO HAVE HIM FUT NEXT TO 

MCCLESKEY., THAT THEY ASKED HIM TO OVERHEAR MCCLESKEY AND THAT 

THEY ASKED HIM TO QUESTION MCCLESKEY? 

THE WITNESS: I WAS ASKED CAN -- TO BE PLACED NEAR 

MCCLESKEY“S CELL. I WAS ASKED. 

THE COURT: AND YOURE SATISFIED THAT EVANS WAS ASKED 

TO QVERHEAR MCCLESKEY TALK ABOUT THIS CASE? 

THE WITNESS: YES: SIR. 

  

  

 



  

  

  

65 

THE COURT: AND THAT HE WAS ASKED TO KIND OF TRY TO 

DRAW HIM OUT A LITTLE BIT ABOUT IT? 

THE WITNESS: GET SOME INFORMATION FROM HIM. 

THE COURT: IS IT YOUR TESTIMONY THAT THAT HAPPENED ON 

THE DAY THAT MR. RUSSELL PARKER CAME QUT THERE? 

THE WITNESS: TO MY KNOWLEDGE. YES, SIR. 

THe COURT: YOU SAID THAT MR. HAMILTON INITIALLY MADE 

THE REQUEST TO PUT THEM SIDE RY SIDE. DID SOME OFFICER 

THEREAFTER OR ABOUT THE SAME TIME CONCUR IN MR. HAMILTONYS 

REQUEST? 

THE WITNESS: THE REASON I SAID THAT. IF I COULD 

REMEMBER CORRECTLY, THAT I WAS FIRST APPROACHED BY MR. 

J, 

HAMILTON TQ MOVE MR. EVANS CLOSE TO MCCLESKEY-S CAGE, WHO 

ASKED MR. HAMILTON TQ DO THAT I REALLY DON’T KNOW. 

THE COURT: WELL, YOU HAVE LEFT THE INFERENCE WITH ME 

THROUGH MR. BOGER“S QUESTIONING THAT SOME OFFICER ON TRE CASE 

ALSO MADE THAT REQUEST OF YOU AND THAT THAT WOULDN'T BE 

HAMILTONS IS THAT RIGHT? 

THE WITNESS: THAT IS CORRECT, BUT I WAS SAYING THAT 

MR. HAMILTON PERHAPS WAS ASKED TO BE MOVED AND HE ASKED ME IF 

THAT REQUEST COULD BE DONE. 

THE COURT: DID HE TELL YOU HE HAD BEEN ASKED BY AN 

OFFICER ON THE CASE? 

THE WITNESS: IF HE DID. I DON'T REMEMBER. 

THE COURT: DID SOME OFFICER ON THE CASE ASK yOu 

  

  

 



  

  

  

DIRECTLY AT SOME FOINT IN TIME TQ DO IT? 

THE WITNESS: NAT TO MY ENCWLELGE. 

THE COURT: DO YOU HAVE ANYTHING ELSE, MR. HILL? 

MR. HILL: I HAVE NQ FURTHER QUESTIONS, YOUR HONOR. 

MR. BOGER: NO QUESTIONS, YOUR HONOR. 

THE COURT: ALL RIGHT. THANK YOU, SIR. I DONST hn 

WHETHER ILL EVER NEED YOUR TESTIMONY AGAIN IN THIS CASE OR 

NOT. BUT LET ME ASK YOU NOT TO DISCUSS YOUR TESTIMONY IN THIS 

CASE WITH ANYONE EXCEPT MR. HILL OR MR. BOGER FOR AT LEAST A 

FEW DAYS, OKAY? 

THE WITNESS: ALL RIGHT. SIR. THANK YOU. 

MR. HILL: MAY THE WITNESS BE EXCUSED, YOUR HONOR, OR 

SHOULD WE KEEP HIM IN THE COURTHOUSE? 

THE COURT: ITS SATISFACTORY TO THE COURT IF HE'S 

EXCUSED PROVIDED HE WILL REMAIN UNDER THE PROVISIONS OF THE 

RULE. 

MR. HILL: ALL RIGHT. DOJ YOU UNDERSTAND OR WOULD YOU 

LIKE THE COURT TO INSTRUCT you? 

THE WITNESS: YES. 

MR. HILL: YOU UNDERSTAND? 

THE WITNESS: YES. 

MR. HILL: THANK YOU, YOUR HONOR. 

THE WITNESS: EXCUSE ME. YOUR HONOR. WHEN YOU SAID 

DISCUSS IT, DOES THAT MEAN WITH THE ATTORNEYS? 

THE COURT: YOU CAN TALK TO MR. HILL OR ANY OF THE 

  

  

 



  

    

&7 

ATTORNEYS AT THE TABLE WITH HIM ABOUT IT OR MR. BOGER OR MR. 

STROUP OR ANY ATTORNEYS ASSOCIATED WITH THEM. BUT I JUST 

DONT WANT YOU TALKING TO ANYBQDY ELSE AROUT IT. 

THE WITNESS: ALL RIGHT. SIR. 

{WITNESS WITHDRAWS FROM STAND) 

M3. WESTMORELAND: YOUR HONOR. AT THIS TIME WE’D LIKE 

TL CALL CARTER HAMILTON. 

THE COURT: IS THIS ONE YOU OBJECTED TO. MR. BOGER, OR 

MR. BOGER: I BELIEVE THAT M3. WESTMORELAND RESERVED 

MR. HAMILTON'S TESTIMONY. 

THE COURT: ALL RIGHT. SEND FOR HIM. 

THE CLERK: SIR, YOU ARE STILL UNDER OATH. IF vou 

WILL JUST HAVE A SEAT. 

THE CQURT: MR. HAMILTON DO I RECALL YOU IN SOMETHING? 

THE WITNESS: YES, SIR. 

THE COURT: DID YOU GET ANY REST LATELY. 

THE WITNESS! YES, SIR, I DIL. 

CARTER KEITH HAMILTON 

BEING PREVICUSLY DULY SWORN, RESUMED THE WITNESS STAND AND 

TESTIFIED FURTHER AS FOLLOWS: 

DIRECT EXAMINATION 

BY MS. WESTMORELAND: 

Ga WOULD YOU STATE YOUR NAME, PLEASE? 

  

  

 



  

  
  

0 

A. CARTER KEITH HAMILTON. 

Wo. AND MR. HAMILTON. I BELIEVE. JUST CONSIDER YOURSELF 

UNDER OATH FROM THE PRIOR HEARING. 

A YES. MA‘AM. 

Go. MR. HAMILTON, ID JUST LIKE TO CALL YOUR ATTENTION 

BACK TO JULY OF 1973 AND ASK YOU A FEW SPECIFIC QUESTIONS 

ABOUT THAT TIME PERIOD. 

TO YOUR RECOLLECTION. WHEN WAS THE FIRST TIME THAT YOu 

KNEW THAT OFFIE EVANS HAD ANY INFORMATION RELATING TO THE 

MOCCLESKEY CASE? 

A. I BELIEVE IT WAS THE 11TH. 

. OF r= 

A. JULY. 

Ct. ALL RIGHT. NOW. TO YOUR KNOWLEDGE, WHEN WAS THE FIRST 

TIME ANYONE CAME TO THE JAIL TG TALK TO MR. EVANS ABOUT THIS 

CASE? 

A. THE 12TH. 

(RN ALL RIGHT. [OO YOU KNOW OF ANYONE HAVING BEEN OUT TO 

TALK TO MR. EVANS PRIOR TO THAT TIME? 

Re. NO. MAZAM. 

. DO YOU RECALL DURING THE TIME THAT MR. EVANS WAS IN 

FULTON COUNTY JAIL, DO YOU HAVE ANY KNOWLEDGE OF MR. EVANS 

HAVING BEEN MOVED FROM ONE CELL TO ANOTHER? 

A. NOT TO MY KNOWLEDGE. 

Gt. DO YOU HAVE ANY RECOLLECTION OF WHERE MR. EVANS WAS 

  

  

 



  

  

QQ
 

  

PLACED WHEN HE FIRST CAME INTO THE JAIL? 

A. IN ISOLATION. 

. AND [DO YOU HAVE ANY RECOLLECTION AS TO WHY HE WOULD 

HAVE BEEN PLACED IN ISOLATION? 

A. I WAS TO UNDERSTAND HE CAME IN UNDER AN ESCAPE CHARGE. 

Q. oQ YOu HAVE ANY RECOLLECTION AS TO WHERE MR. MCCLESKEY 

wht PLACED WHEN HE CAME INTO THE JARILY 

A. IN ISOLATION. 

Gla OID ANYONE EVER ASK YOU TO HAVE OFFIE EVANS MOVED TO A 

DIFFERENT CELL IN THE JAIL SO THAT HE COULD QVERHEAR 

CONVERSATIONS OF MR. MCCLESKEY? 

A. NC, MATAM. 

Ci. DID ANYONE EVER ASK YOU TO TRY TO HAVE THAT DONE IN 

SOME FASHION? 

[A NZ, MAAM. 

Gl. OID ANYONE EVER ASK YOU TO SUGGEST TO MR. EVANS THAT 

HE ENGAGE IN CONVERSATIONS WITH MR. MCCLESKEY? 

A. NJ. MAZAM. 

HH. OID YOU EVER ASK MR. WORTHY, CAPTAIN WORTHY, ABOUT 

MOVING COFFIE EVANS? 

A. NC, MA“AM. 

(A DID YOU EVER TELL CAPTAIN WORTHY THAT SOMEONE HAD 

ASKED YOU TO HAVE OFFIE EVANS MOVED? 

A. NO» MA“AM. 

Gl. IN PARTICULAR, ON JULY 12TH. THE DAY YOU HAD INDICATED 

  

  

 



  

  

~~
 

~y
 

  

70 

THE DETECTIVES CAME QUT TO TALK TO OFFIE EVANS, DID ANYONE 

INDICATE TO YOU ANYTHING ABOUT MOVING OFFIE EVANS? 

A. NO, MA‘AM. 

Xa. DID YOU INDICATE ANYTHING TO MR. WORTHY. SAY ANYTHING 

TO MR. WORTHY AT ALL ABOUT MOVING OFFIE EVANS ON THAT DATE? 

A. NC, MAZAM. 

bie LID YOU EVER HEAR ANYONE ASK THAT MR. EVANS BE MOVED? 

A. NGO, MA“AM. 

Wo. HAVE YOU EVER HEARD ABOUT —-- HEARD ABOUT ANYONE MAKING 

SUCH A REQUEST? 

A NOs I HAVEN'T. 

Gl. DO YOU HAVE —-— DO YOU EVER —-- DO YOU HAVE ANY 

KNOWLEDGE OF HAVING MOVED OFFIE EVANS YOURSELF IN THE JAIL? 

[AN NC, MAT AM. 

i. MR. HAMILTON, I DONT WANT TO REPEAT YOUR TESTIMONY 

FROM THE LAST HEARING, BUT WERE YOU PRESENT DURING THIS 

INTERVIEW ON JULY 127 

A. YESS YES, MA“AM. 

2. 00 YOU RECALL HEARING ANYBODY -- HEARING ANYBODY 

DURING THAT INTERVIEW ASKING MR. EVANS TO TRY TO OVERHEAR 

CONVERSATIONS WITH MR. MCCLESKEY? 

A. NO. MA“AM. 

MS. WESTMORELAND: NO FURTHER QUESTIONS. 

THE COURT: LET ME ASK YOU A QUESTION TO TRY TO GET TO 

THE BOTTOM OF THIS IN A HURRY. THERE IS EVIDENCE OF SOME 

  

  

 



  

[7
] 

A 

aN
] 

A
 

  

  

CREDIBILITY THAT SOMEONE. 

EVANS SOMEONE AND 

MQVED NEXT TO 

MCCLESKEY AND 

DRAW HIM OUT. 

IT IZ YOUR 

MCCLESKEY, 

THAT EVANS 

71 

YOU, MADE A REQUEST THAT SOMEONE -- 

FROBABLY YOU MADE A REQUEST THAT EVANS BE 

THAT EVANS WAS ASKED TO OVERHEAR 

WAS ASKED TO QUESTION HIM TO TRY TO 

TESTIMONY THAT THOSE DID NOT OCCUR AT THE 

MEETING WITH RUSSELL FARKER ON THE 12TH? 

THE WITNESS: YES, SIR. 

THE COURT: AND YOU WERE THERE FROM GQ, AS THEY SAY. 

THE WITNESS: YES. SIR. 

THE COURT: UNTIL AND I FRESUME YOU TOOK MR. EVANS 

BACK TO HIS CELL? 

THE WITNESS: YES, EIR. 

THE COURT: $0, IF IT DIDN'T HAPPEN ON THAT QCCASION 

ANDO IT HAPPENED, WHAT CONCLUSION WOULD YOU DRAW FROM THAT 

BASED ON EVERYTHI 

THE WITNES 

ANYWAY. 

THE COURT: 

NMLY IT DIDNT 

12TH? 

THE WITNESS: 

ONE DID. 

THE COURT: 

MCCLESKEY, 

NG THAT YOU KNOW ABOUT IN THIS CASE? 

5S: HASN'T NOBODY REQUESTED THAT FROM ME 

TESTIMONY THAT 1T COULDNT -— IT 13 YOUR 

T HAFFEN BUT IT COULDN'T HAVE HAFFENED ON 

DIDN-Y HAPPEN ON THE 12TH. NO NO, IT 

AND EVANEZ WAS ALREADY NEXT DOOR TO 

WASNT HE? 

  

  

 



  

IR
 

  

  

THE WITNESS: YES, SIR. 

THE COURT: SO THERE WOULDN'T BE ANY SENSE IN ASKING 

HIM TO BE MOVED 

THE WITN 

ON THAT DATE? 

ESS: NO. SIR. 

THE COURT: DO YOU HAVE ANYTHING, MR. BOGER?Y 

MR. STROUP: A FEW. YOUR HONOR. 

NE FT a win a PE al we Ty 

Fis. LINER (I | Pir » S i ROUP. 

MR. STROUF: IF I MIGHT DO THE EXAMINATION. 

BY MR. STROUP: 

( MR. HAMILTON, WITH RESFECT TO JUNE AND JULY OF 1275, 

THE SAME TIME FERIUD THAT WERE TALKING AROUT, YOUR AREA OF 

RESPONSTIRILITY., I BELIEVE, WAS THE FIRST FLOOR AT THE FULTON 

COUNTY JAIL, ISNT THAT CORRECT? 

A. YES. SIR 

@. IN TERMS: 

JAIL, THERE ARE 

WERE BEING USED 

A. YES, SIR 

(WR ON THOSE 

CORRECT? 

A. YES, SIR 

Gl. BOTH THE 

OF THE PHYSICAL LAYCQUT OF THE FULTON COUNTY 

THREE WINGS, AREN'T THERE. OUT THERE THAT 

AT THAT PARTICULAR TIME? 

THREE WINGS THERE ARE TWO FLOORS, AM I 

FIRST AND THE SECOND FLOOR. NOW. CAN YOU 

JUST GIVE A RANGE AS TO HOW MANY PRISONERS WERE HELD OUT 

THERE ON THOSE 

PERIOD? 

THREE WINGS IN THIS JUNE, JULY, MID~-1978 TIME 

  

  

 



  

    

A. ABOUT HOW MANY PEOPLE WOULD BE IN THE JAIL AT THAT 

TIME? 

Gl. IN A RANGE, YOU KNOW, JUST —- 

THE COURT: I WOULD JUDICIALLY NOTICE IT WAS AROUND 1S 

TO 1700, WOULDN'T THAT BE ABOUT RIGHTY? 

THE WITNESS: I DON'T THINK IT WAS QUITE THAT MANY. 

YOURE FROBARBLY TALKING ABOUT EIGHTY OR NINE, I THINK THE JAIL 

THE COURT: IT CAME DOWN, I-VE GOT THE FULTON COUNTY 

JAIL UNDER A CONDITIONS ORDER, IT CAME DOWN TO EIGHT OR NINE 

LINDIER THE ORDER. IT HAD BEEN RUNNING ABROUT 15 TO 1700 

IMMEDIATELY BEFORE THAT. 

THE WITNESS: IT HAD GOTTEN THAT HIGH. I REMEMBER (7 

GETTING ARCUND 1,000, BUT THAT'S --— YOU KNOW, I --— 

BY MR, STROUP: 

Gd. ALL RIGHT. NY OF THOSE PRISONERS, WOULD —— ARE WE 

TALKING ABOUT ROUGHLY HALF OF THEM BEING HOUSED ON THE FIRST 

FLOOR AND HALF OF THEM BEING HOUSED ON THE SECOND FLOOR? 

A. THATS PROBABLY A GOOD ASSUMPTION. 

Go. ROUGHLY. AND THERE WERE SOLITARY CELLS ON THE SECOND 

FLOOR OF THE NORTH WING AS WELL AS THE FIRST FLOOR: IS THAT 

CORRECT? 

A. THATS RIGHT. 

Q@. QKAY. NOW, THIS WAS ALSO —— IT WASN'T A —-— A FIXED 

FOFULATION IN THE SENSE THAT, YOU KNOW, PEOPLE CAME AND 

  

  

 



  

  

  

SERVED —-—- SERVED A WHOLE LONG TIME PERICGD. THIS WAZ 

GENERALLY A CHANGING POPULATION THAT YOU HAD OUT THERE, ISNT 

THAT CORRECT? 

A. THAT "& CORRECT. 

Ble OKAY. AND IN PART OF YOUR DUTIES WITH RESPECT TO THE 

FIRST FLOOR, DURING THE NORMAL PERFORMANCE OF THOSE DUTIES, 

PWOULL YOU BE ADVISED ON A DAILY BASIS OF WHO THE NEW pS. 

FRISONERS WERE WHO WERE BROUGHT INTO THE JAIL WITHOUT REGARD 

TO WHAT FLOOR THEY WERE ASSIGNED TO7 

A. NO, SIR. 

Go. ALL RIGHT. SO IT WOULDN'T HAVE BEEN YOUR AREA OF 

RESFONSIBILITY TO KNOW THE IDENTITY OF PRISONERS WHO WERE 

BROUGHT INTO THE —— ON TO THE SECOND FLOOR IN JULY OF (978. 

IF THEY WERE INITIALLY BROUGHT GN TO THE SECOND FLOOR. YO 

Wd! NQT HAVE ENCOUNTERED THAT PRIZONER [DURING THE ROUTINE 

PERFORMANCE OF YOUR DUTY: IS THAT CORRECT? 

A. A PRISONER ON THE SECOND FLOOR? 

od. RIGHT. 

A. NO, NOT NORMALLY. 

Gl AND SO YOU COULDN'T TELL US TODAY WHD THE PERSONS WERE 

WHC WERE BROUGHT INTO THE JAIL AND ASSIGNED ANYWHERE ON JULY 

3RD OF 19737 

A. NOC, 

QA. ALL. RIGHT. AND IF A PRISONER WERE PLACED INITIALLY IN 

ISOLATION GN THE SECOND FLOOR AND AFTER A DAY OR TWO MOVED 

  

  

 



  

    

DOWN ON TO THE FIRST FLOOR, WOULD YOU HAVE KNOWN NECESSARILY 

THAT HE HAD BEEN ON THE FIRST --— THE SECOND FLOOR BEFORE RE 

AFFEARED WITHIN YOUR AREA OF RESPONSIBILITY ON THE FIRST 

FLOOR? 

A. YOU KNOW, UNLESS SOMEBODY TOLD YoU, NO, HE WAS 

UPSTAIRS, YOU KNOW, AND WE MOVED HIM DOWNSTAIRS, NO. 

~~ 

Gi ALL RIGHT. ANL, IN FACT. WITH RESPECT TO OFFIE EVANS 

IN PARTICULAR, You DONT HAVE ANY PRESENT-DAY RECOLLECTION AS 

TO THE CIRCUMSTANCES OF HIS BEING BROUGHT INTO THE FULTON 

COUNTY JAILs ISN'T THAT CORRECT? 

A. WHAT ARE YOU ASKING ME? 

i. ALL. RIGHT. AS TO — LET ME REFPHRASE IT. 

A YEAH. 

G1. 0a Yau HAVE A PRESENT-DAY FICTURE IN YCQUR MIND OF 

OFFIE EVANS COMING INTO THE FIRST FLOOR OF THE CELL ON A 

FARTICULAR DAY IN JULY OF 19787 

A. NO. AS Ta WHEN HE CAME IN, NO, SIR. I DON'T KNOW 

THAT. 

d. AND. IN FRCT, HE WAS FOR A FERIOD OF TIME WITHIN YOUR 

AREA OF RESPONSIBILITY SIMPLY JUST ANCGTHER PRISONER THERE ON 

THE FIRST FLOOR THAT YOU HAD RESFONSIBILITY FOR? 

A. I WOULD SAY THAT WOULD FROBABLY BE CORRECT. 

Gl. ALL RIGHT. AND YOUR FIRST RECOLLECTION OF ANYTHING 

SPECIFIC WITH RESPECT TQ OFFIE EVANS IS THIS CONVERSATION 

THAT EVANZ INITIATED WITH YOU THAT HE WANTED TO TALK TO SOME 

  

  

 



  

    

AFFICERS IN THE CASE? 

A. YES. SI1R. 

Gl. OKAY. AND I GUESS ANOTHER QUESTION JUST ABOUT YOUR 

GENERAL AREA OF RESPONSIBILITIES, THERE WERE SHIFTS THAT 

WORKED QUT AT FULTON COUNTY JAIL DURING JULY OF 1973s ISN'T 

THAT CORRECT? 

a po 
Pa OJ Ai 
gt [J = 7 SIR. 4g

) 

. YOU CAN SFEAK TO YOUR KNOWLEDGE ABOUT WHAT HAPPENED ON 

YOUR SHIFT ON THE FIRST FLOOR? 

A. YES, SIR. [5
3]
 

(. BUT YOU CAN'T SPEAK TO ANYTHING THAT HAPFENED ON 

ANOTHER SHIFT EVEN ON THE FIRST FLOORS ISN'T THAT CORRECT? 

Fi a THAT'S CORRECT. 

MR. STROLIPS: : ALL RIGHT. IF 1 MIGHT CONFER WITH 

COUNSEL. NOTHING FURTHER, YOUR HONOR. 

THE COURT: REDIRECT? 

REDIRECT EXAMINATION 

BY MS. WESTMORELAND: 

Gl. MR. HAMILTON, I JUST WANT TO CLARIFY ONE POINT. WHEN 

OFF IE EVANS —— WHEN YOU AND OFFIE EVANS TALKED AROUT THIS 

CASE THE FIRST TIME, [ID HE SUGGEST THAT YOUU CALL THE 

DETECTIVES OR WAS THAT YOUR SUGGESTION? 

A. NO. MA“AM, THAT WAS MY SUGGESTION. 

Q. DID HE MENTION THE DETECTIVES IN ANY FASHION WHEN HE 

CAME TO TALK TO you? 

  

  

 



  

  

  

27 

A. NO, MAZAM. 

(NN DID HE GIVE YOU ANY INDICATION THAT HE HAD TALKED TO 

ANY FOLICE OFFICERS OR ANYONE ABOUT THIS CASE PRIOR TO 

TALKING TO YOu? 

A. NG, MA”AM. 

Gla WHEN YOU TOOK EVANS TO THE INTERVIEW -— OR LET ME BACK 

DID YOU TAKE EVANS TO THE INTERVIEW ON JULY 127 

A. YES: MA“AM. 

i=. WHEN YOU! TOOK HIM INTO THAT INTERVIEW ROOM, DID THE 

DFFICERS INTRODUCE THEMSELVES 70 HIM? 

A YES. MA“ AM. 

1. DID ANYBODY INDICATE THAT THEY KNEW MR. EVANS BEFORE 

THAT MEETING? 

A. NO, MA“AM. 

MS. WESTMORELAND: JUST A MOMENT. YOUR HONOR, 

THE COURT: WAS DETECTIVE DORSEY AT THAT MEETING? 

THE WITNESS: LETS SEE. HARRIS AND PARKER —- 

DETECTIVE HARRIS AND DETECTIVE PARKER WAS THERE, AND THERE 

WAS ONE MORE. WHETHER IT WAS JOWERSZ OR DORSEY AT THAT TIME, 

THERE WAS ONE MORE THERE. 

THE COURT: WHAT WERE THE RACE OF THE PEOPLE THERE? 

THE WITNESS: WHAT WAS THE WHAT, SIR? 

THE COURT: WHAT WAS THE RACE OF THE FEOPLE THERE? 

THE WITNESS: THOSE WERE BLACK OFFICERS, THE { 

  

  

 



  

    

DETECTIVES WERE BLACK AND MR. PARKER. 

THE COURT: OKAY. HOW MANY BLACK OFFICERS WERE THERE? 

THE WITNESS: THERE WERE TWO. 

THE COURT: ANYTHING ELSE OF THE WITNESS? 

MS. WESTMORELAND: I HAVE NO FURTHER QUESTIONS. YOUR 

HONCR. 

THE COURT: FOR THE PETITIONERTY 

CROSS-EXAMINATION 

BY MR. STROUP: 

(3 JUST TO CLARIFY THIS APPROACH TCO YOU BY OFFIE EVANS, I 

THINK YOU HAVE INDICATED, AND I JUST WANTED TO CLARIFY IT, 

THAT YOU DIDN'T AFPROACH EVANS. IT WAS EVANS THAT APPROACHED 

Youd 

A. THATS RIGHT. 

=. ALL RIGHT. AND HE CAME AND AND INDICATED TO vou THAT 

HE WANTED TO SPEAK WITH THE DETECTIVES? 

A. NG, HE WANTED TO TALK TC ME, AND I ASKED HIM WOULD HE 

TALK TO SOMEONE ELSE. 

MR. STROUP: THAT'S ALL, YOUR HONOR. 

THE COURT: ALL RIGHT. THANK YOU, SIR. YOU'RE 

EXCUSED. 

MS. WESTMORELAND: I HAVE NO FURTHER GUESTIONS. 

(WITNESS WITHDRAWS FROM STAND) 

THE COURT: ALL RIGHT. WE LL BE IN RECESS FOR QUR 

LUNCH UNTIL QUARTER QF 2:00. 

  

  

 



  

10 

  

  

7% 

(WHEREUFON. A LUNCHEON RECESS WAS HAD.) 

M3. WESTMORELAND: YOUR HONOR. AT THIS TIME ID LIKE 

TO CALL SIDNEY DORSEY TQ THE STAND. 

= MR. BOGER: YOUR HONOR. FOR THE RECORD AT LEAST I~ 

LIKE TO NOTE THAT WE HAVE THIS CONTINUING OBJECTION TO 

RECALLING OF PEOPLE SUCH AS DETECTIVE DORSEY WHO HAD 

FREVIQUSLY TESTIFIED AND BEEN EXCUSED AND CROSS-EXAMINELD. 

THE STATES HAD THAT OFTION. 

THE COURT: 0 BE CANDID WITH YOU, IT IS HARD TO KNOW 

WHAT TO DO. I HARKEN BACE TO THE HOUSE CASE WHICH I HEARD AS 

A MAGISTRATE, AND THE FACTS AFFPEARED ONE WAY BEFORE ME 

BECAUSE FRANKLY THE STATE DIDN’T HAVE ITS ACT TOGETHER, AND 

BY THE TIME IT GOT ITS ACT TOGETHER, THE FACTS WERE 

DIFFERENT. AND I DON-T THINK THERE WAS ANY FALSIFICATION OF 

TESTIMONY. 

I THINK IT HAD TCG DO WITH SOMEQNE -- PROBABLY NOT THE 

ATTORNEY GENERALS OFFICE ~~ NOT TAKING THE MATTER SERIQUSLY. 

“0 THERES ALWAYS THAT FOSSIBILITY. 

ON THE GTHER HAND I HAVE ALREADY HEARD THESE 

WITNESSES, AND TO THE EXTENT THAT THEY CAN CONVINCE ME THAT 

THEY ARE NOW CERTAIN FOR SOME COGENT REASON, I GUESS THAT 

HELPS THE STATE. TO THE EXTENT THAT THEIR TESTIMONY NOW 

CHANGES FROM THE LAST TIME THEY WERE HERE, I TAKE IT THAT 

  

  

 



  

[73
] 

b 

jy
 

  

  

- 

ol O 

HELFS YOU, FRANKLY. 

S00 LET 5S HAVE AT IT AND SEE WHAT THEY HAVE TO SAY. 

THE CLERK: SIR, YOU ARE STILL UNDER OATH. IF you 

WILL JUST HAVE A SEAT. 

SIDNEY DORSEY 

BEING PREVIOUSLY DULY SWORN, RESUMED THE WITNESS STAND AND 

TESTIFIED FURTHER AS FOLLOWS: 

DIRECT EXAMINATION 

BY MS. WESTMORELAND: 

od. WOULD YOU STATE YOUR NAME FOR THE RECORD, PLEASEY 

A. SIDNEY DORSEY. 

G1. OFFICER DORSEY, YOULL HAVE PREVICUGSLY TESTIFIED IN THIS 

CASE; 13 THAT CORRECT? 

A. THATS CORRECT. 

IN OFFICER DORSEY. DURING THE INVESTIGATION OF THE -- 

INTO THE KILLING OF OFFICER FRANK SCHLATT., DIXIE FURNITURE 

STORE ROBBERY. DID YOU EVER HAVE THE QCCASION TO TALK TO A 

FERSON BY THE NAME OF OFFIE EVANS AND ASK HIM TQ ATTEMPT TO 

OVERHEAR CONVERSATIONS OF WARREN MCCLESKEY? 

A. I ID NQT. 

@. DID YOU EVER DIRECT OFFIE EVANS TO ATTEMPT TO ENGAGE 

IN CONVERSATIONS WITH WARREN MCCLESKEY? 

A. I DID NOT. 

Gl. DID YOU EVER HEAR ANYONE ELSE MAKE SUCH A REQUEST OF 

  

  

 



  

  

m 

  

OFFIE EVANS? 

A. I OID NOT. 

(AN DID YOU EVER, DURING THE COURSE OF THE INVESTIGATION, 

HEAR OF THAT HAPPENING? 

A. NO. 

Gl. DID YOU EVER ASK ANYONE, MAKE A REQUEST OF ANYONE THAT 

| CFFIE EVANT BE MOVED TO A CELL CLOSER TO WARREN MCCLESKEY SO 

THAT HE COULD OVERHEAR CONVERSATIONS? 

A. I OID NOT. 

 . SPECIFICALLY. DID YOU EVER ASK ULYSSES WORTHY TO MOVE 

UFFIE EVANS? 

A. Nt, 

4, DID YOU EVER ASK CARTER HAMILTON TO MOVE HMR. EVANS? 

A. I DID NOT. 

Gla DID YOU EVER SUGGEST TO ANYONE ELSE THAT THEY SHOULD 

ATTEMFT TO GET MR. EVANS TO OBTAIN INFORMATION FROM MR. 

MCCLESKEY? 

fA. I DID NOT. 

{. AND, AGAIN. [ID YOU EVER HEAR OF THAT HAPPENING DURING A 

A. NO, MA“AM, I DID NOT. 

Gl. —= THE COURSE OF THIS CASE? DO YOU HAVE ANY 

RECOLLECTION OF TALKING TO OFFIE EVANS AT THE FULTON COUNTY 

JAIL ABOUT OVERHEARING CONVERSATIONS WITH WARREN MCCILESKEY? 

A. NOs, MA“AM, I DONT. 

M=. WESTMORELAND: NO FURTHER QUESTIONS, YOLIR HONOR. 

  

  

 



  

  

CROSS-EXAMINATION 

BY MR. BOGER: 

Gl. DETECTIVE DORSEY. YOU DO REMEMBER YOUR PRIOR TESTIMONY 

ON JULY THE 9TH OF THIS YEAR? 

A. I DO. 

@. AND WAS IT TRUTHFUL TO THE BEST OF YOUR MEMORY AND 

RECGLLECT ION? 

A. YES. 

i. CkAY. I BELIEVE YOU TESTIFIED DURING THAT HEARING 

ABOUT THE DIFFICULTIES YOU HAD IN GENERAL REMEMBERING YOUR 

ROLE IN THIS CASEs IS THAT CORRECT? 

[A TO A DEGREE. 

MR. BOGER: QHAY. WITH THE COURTS INDULGENCE I-LL 

AFFROACH THE WITNESS AND GIVE HIM COPIES OF THE TRANSCRIPTS 

OF THE JULY 9TH HEARING, 

THE COURT: YOU! MAY. 

MR. BOGER: THANK YoU. 

BY MR. BOGER: 

1. LET ME ASK YOU TO TURN TQ THE FIRST VOLUME, THE ONE 

THAT IS NOT —- THAT'S RIGHT, THE ONE WITH THE CLIP AT THE 

TOF. YOUR TESTIMONY. I BELIEVE. BEGINS ON PAGE 47 OF THAT 

FIRST VOLUME OF TRANSCRIPT. LET“S LOOK AT PAGE 48. 

A. WHERE IS IT MARKED? 

a. IT SHOULD! BE MARKED AT THE BOTTOM. 

A. IT'S NOT. 

  

  
  

 



  

  

[N
] 

Ww
 

  

Li. 

IN THE 

A. 

Gl. 

ON 47 YOU SEE YOUR TESTIMONY BEGINS. 

IT'S MARKED AT THE TOP, IM SORRY. YOUR TESTIMONY IS 

SECOND VOLUME. LETS TURN TO THAT ONE. 

OKAY. 

NOW, THERE'S A FAGE 4€, I THINK MARKED AT THE EROTTOM. 

DETECTIVE DORSEY? 

0! 

TIME?" 

UH HUH. 

LETS LOOK AT 48 OF LINE 4. 

OKAY. 

THERE WAS A QUESTION: "WHO WAS YOUR FARTNER 

AND YOR ANSWER WAS: “REST THAT I CAN RECALL, 

HAVE BEEN HARRIS. ] DONT REMEMBER EXACTLY." 

A. LiH=-HUH, 

WAS THAT YOUR TESTIMONY? 

LH~HLIH. 

AND THATS TRUE: IS THAT CORRECT? 

THAT S TRUE TO THE BEST OF MY RECOLLECTION. 

OKAY. 20 YOUR RECOLLECTION WASN'T REALLY GOOD ABOUT 

WHO YOUR PARTNER WAS AT THAT TIME? 

A. 

- 

Ld. 

THATS RIGHT. 

OKAY. NOW, LETS LOOK ON PAGES S57 TO 57. 

WERE TALKIING ABOUT OFFIE EVANS, AND ON LINE 17, 

RUESTION COMES: "OKAY. BUT HE" ~- MEANING EVANS -- 

HIMSELF IN THE FULTON COUNTY JAIL IN JULY OF 1978. 

GO TO SEE HIM AT ANY FOINT IN JULY?" AND YO 

  

  

yx
! {a
 

HAVE YOU FOUND THAT, 

CN PAGE !  



  

  

RESPOND: "COUNSELOR. I DO NOT RECALL GOING TO SEE OFFIE 

EVANS AT THE FULTON COUNTY JAIL DURING THAT TIME 

OR AT ANY TIME." 

AND THEN I CONTINUE WITH A GUESTION: "DO YOU REMEMBER 

ANY MEETING THAT MIGHT HAVE BEEN HELD BETWEEN MR. EVANS AND 

YOURSELF AND DETECTIVE HARRIS AND RUSSELL PARKER AT THE 

JATLT?Y AND YOUR ANSWER ON THE TOP OF PAGE 38: "COUNSELOR, IN 

ALL HONESTY. I DO NOT." 

THAT WAS YOUR TESTIMONY? 

A. THAT'S RIGHT. 

(Wi AND THAT WAS CORRECT. TO YOUR BEST RECOLLECTIONT 

A. THATS RIGHT. 

Gla S0 THERE WAS A MEETING THAT TOOK PLACE ON THE 12TH OF 

JULY, AT LEAST REFLECTED IN THE NOTES OF RUSSELL PARKER, THAT 

SUGGESTS YOU WERE PRESENT. AND YET YOU DIDNT ON JULY AND DO 

YOU NOW HAVE ANY RECOLLECTION OF THAT MEETING? 

A. I STILL DON'T. 

Gd. OKAY. SO YOU STILL DON'T HAVE ANY RECOLLECTION OF 

THAT? 

A. THATS RIGHT. 

©. THERE WAS ALSO SOME TESTIMONY I WANT TO LOOK AT WITH 

RESFECT TO FOSSIBLE MEETINGS WITH EVANS. WE-VE LOOKED AT THE 

ONE, YOUVE SAID, ON PAGE S57: “I DON‘T RECALL GOING TO SEE 

QFFIE EVANS AT THE FULTON COUNTY JAIL." 

LOOK ON FAGE &0. 1 

  
  
  

 



  

    

ASKED YOU ON LINE 11: “WELL, LET ME ASK YOU THIS, YOU DO 

RECALL, DON’T YOU, MEETING WITH MR. EVANS AT SOME POINT 

DURING THE INVESTIGATION OF THIS CASE?" YOUR ANSWER IS 

DURING THE INVESTIGATION OF THIS CASE —- ITS REALLY A 

QUESTION, ANSWER TO THIS CASE -- OR EXCUSE ME, MY QUESTION IN 

RESPONSE. AND THEN YOU SAY IN RESPONSE: “I“VE TALKED TO 

| OFF IE EVANS AMD 17-5 BEEN BEEN A LONG TIME SINCE 1°VE SEEN 

HIM ANYWAY. BUT I VE TALKED WITH HIM OVER THE YEARS DURING 

CERTAIN CASES. I DON'T KNOW WHAT CASE I SPOKE TO HIM ABOUT, 

AND I CERTAINLY DON’T RECALL WHETHER IT WAS THIS PARTICULAR 

CASE. I PROBABLY DID, BUT I DONT REMEMBER. I FROBABLY DIL, 

BUT 1 HONESTLY DONT REMEMBER." 

THAT WAS YOUR TESTIMONY? 

A. LiH-MHUH. 

(a. AND THATS CORRECT 

A. YES. 

1. SO ONCE AGAIN YOURE NOT SURE YOU REMEMBER ANY 

CONVERSATIONS WITH OFFIE EVANG? 

A. THATS RIGHT. 

Gl. BUT THEY MAY HAVE CGCCURRED,. YOU SAID. I PROBABLY DID 

IS THAT CORRECT? 

Aa THATS RIGHT. I WAS MAKING REFERENCE. OF COURSE. 70 

THE —-- THE MEETING, THE TIME THAT I SAW HIM, AND I DONT 

REMEMBER EXACTLY WHAT TIME IT WAS, WHETHER IT WAS DURING THE 

INVESTIGATION CR NOT OR WHETHER IT WAS DURING THIZ FPARTICULAR 

  

  

 



  

  

  
0H

 
I
 

w
 

INVESTIGATION OR ANOTHER INVESTIGATION. 

i. OKAY. WELL. YOU —-- YOU SAID YOU DON'T RECALL IN THIS 

CASE, YOU PROBABLY DID BUT I DONT REMEMBER? 

A. THATS RIGHT. 

H. OKAY. NOW. ON PAGE 65, WE'RE TALKING ABQUT A DOCUMENT 

THAT I SHOWED TO YOU DURING THE CQURSE OF YOUR TESTIMONY 

H WAS TESTIMONY THAT MR. EVANS HAD GIVEN IN THE STATE WH Po
m 

HAREAS CORPUS HEARING IN 1921, AND I READ TO YOU A PORTION OF 

THAT, ACTUALLY. THAT BEGAN BACK ON ABOUT 62 OR 4, AND THERE 

WAS SOME COBRJECTION ABOUT WHETHER WE COULD GO INTO IT. AND 

THE OBJECTION WAS OVERRULED, AND WE [DID GO INTC IT. AND I 

ASKED YOU WHETHER YOU RECALLED THAT CONVERSATION. 

LOO ON LINE 7 IN &5, AND YOUR ANSWER WAS: URC, 

DON-T." AND YOU STATED ON LINES 1&6 THROUGH 21, ANSWER: "1 

DO NOT RECALL THIS MEETING NOR [J I —— NOR CAN I UNDERSTAND 

WHY I WOULD MAKE HIM SUCH A PROMISE." QUESTION: "BUT YOU 

DONT HAVE ANY RECOLLECTION OF IT AT THIS TIME IS WHAT YOU'RE 

SAYING?" ANSWER: INCI. I DONT." 

THAT WAS YOUR TESTIMONY? 

A. LiH—-HUH, 

Gl AND THATS STILL YOUR TESTIMONY? 

Ae YES. 

Gla S THERE MAY HAVE BEEN A MEETING WITH MR. EVANS WHICH 

A GIGLIO ARRANGEMENT WAS DISCUSSED. IF THERE WAS YOU 

CERTAINLY DON'T REMEMBER IT NOW? 

  

  

 



  

  

TR
 

& 

  

MS. WESTMORELAND: YOUR HONOR, 

INTO THE GIGLIOD GIJESTION. 

THE COURT: OVERRULED. 

BY MR. BOGER: 

178. OBJECT TO 

i. YO CAN ANSWER THE QUESTION. 

A. I DON“T UNDERSTAND THE GIGLIO. 

| a. PCM SURKY. THERE MAY HAVE BEEN A MEETING AT WHICH MR. 

EVANZ AT LEAST SAYS THERE WAS A MEETING IN WHICH THERE WAS 4 

SPEAK A WORD PROMISE MADE, J-LL HELP YOUL OUT OR 1°LL 

IF YOU WILL TESTIFY IN THE MCOLEEZKEY CASE? 

A. IF THERE HAD BEEN SUCH LANGUAGE LIKE THAT MADE, 

WOULD REMEMBER THAT BECAUSE THE --~ BECAUSE THE FIRST TIME 

CONCERNING HEARD THAT THERE WAS SOME TYPE (OF HEARING 

MATTER, AND I THINK IT WAS BACK IN THE EARLY PART OF THE 

OTE, WHEN THE MATTER WAS MENTIONED 0 ME THEN, 

REMEMBER ANY TYFE CONVERSATION OF THAT TYPE. 

REMEMBER EVER MAKING ANY REFERENCE TO IT. 

IN FACT. MY GUT FEELING THEN AND I DIDN'T RECALL 

ANYTHING. BUT MY GUT FEELINGS THEN WAS THAT THE MAN WAS LYING. 

THAT WAS MY GUT FEELING FIVE YEARS AGO. 

Ge BUT YOURE —— EXCUSE ME. -FINISH YOUR ANSWER. 

A YOU KNOW, THAT WAS JUST MY BASIC GUT FEELING. 

WAS MY FEELING THEN. AND I HONESTLY DIDN'T WORRY TOO MUCH 

IT WAS JUST ARQUT IT. I DIDN'T THINK ANY MORE ABOUT IT. 

SOMETHING, RUSSELL HAD CALLED TO INFORM ME THAT THERE 

  

  

 



  

    
(14

) 
«©

 

HEARING. I WAS NOT ASKED TO BE THERE. I WAS NOT SUBPOENAED, 

ANDI I REALLY THOUGHT NOTHING ELSE ABOUT IT. I DIDN'T WORRY 

ABOUT IT. 

Gla BY RUSSELL YOU MEAN MR. PARKER? 

A. YES. 

Gl. OkAY. DID YOU MAKE ANY WRITTEN NOTES AT THAT TIME OF 

| YOUR FEELINGS OR YOUR RECOLLECTIONS? 

A. NCGs NO. 

. WERE YOU ASKED RY THE STATE TO MAKE ANY NOTES? 

A. ABSOLUTELY NOT. 

@. WERE YOU ASKED BY THE STATE TO WRITE AN AFFIDAVIT 

SAYING I DON'T HAVE ANY RECOLLECTION OF THAT MEETING? 

A. NG ONE ASKED ME TO DO ANYTHING. 

1. SO YOU DIDN'T MEMORIALIZE AT ANY FOINT YOUR FEELINGS 

AT THAT FOINT ABOUT WHAT WAS GOING ON? 

A. THATS CORRECT, 

(8 BUT EVEN THEN YOU DIDNT RECALL IT? 

A. NCI, 

. YOU SIMPLY WERE SAYING IF SUCH A MEETING OCCURRED I 

WOULD HAVE REMEMBERED? 

A. I THINK I WOULD HAVE REMEMBERED THAT. 

Gl. BUT A MEETING OCCURRED ON THE 12TH OF JULY WITH MR. 

FARKER AND MR. HARRIS AND MR. EVANS AND MR. WORTHY OR 

HAMILTON. AND YOU DIDNT REMEMBER THAT. DID You? 

A. I ONLY HAVE THAT WORD -— BASED ON HIS NOTES THAT THAT 

  

  

 



  

  

  

TOOK PLACE. FROM WHAT I UNDERSTAND 

BEING THERE EITHER. 

0G
 0 

THEY DON‘T RECALL MY 

Go. SO HERE WAS A 1973 MEETING WITH FOUR OR FIVE OTHER 

FEOFLE PRESENT, 

RECOLLECTION QF THAT? 

AND IF YO WERE THERE. YOU DONT HAVE ANY 

A. THATS RIGHT. 

oe LET ME ASK YOU T4 TURN TO PAGE 65 OF THE TRANSCRIFT. 

THATS WHERE WE WERE PREVICQUSLY. 

MIDWAY THROUGH A QUESTION, 

YOUR TESTIMONY ISs 

PREVIOUZLY SAID. IT” 

SOME QCCASIGN DURING THE 

YOUR ANSWER ON THE TOF OF &41 

WQUESTION: AND THAT 1&8, 

Ss POSSIBLE YOU LID MEET WITH MR. 

"YES, 

IN THAT SENSE, 

AT THE BOTTOM OF THE PAGE, 

"1 TAKE IT FROM WHAT YOu 

EVANS ON 

INVESTIGATION OF THIS CASE?" AND 

™IS 1&8 YERY POSSIBLE." 

REMEMBERANCE OF MR. 

EVANS COULD REFLECT THAT MEETING THAT YOU HAD WITH HIM AT 

THAT TIME?" 

ANSWER: "IT CoQULD BE." 

WARS THAT YOUR TESTIMONY? 

A. AFFARENTLY S01, 

a AND IS THAT CORRECT? 

A I WOULD SAY IF 1 SAID 

Gl. OkAY. 30 

CQCCASIONS THAT IT WAS POSSIBLE. 

YOU MET WITH MR. EVANS, 

A. THATS RIGHT. 

INDEED VERY FOSSIEBLE, 

IT 1 MEANT IT. 

IT'S —-— YOU HAVE SAID ON ONE OR TWO 

THAT 

You SIMPLY DON'T REMEMBERT 

  

  

 



  

    

20 

(KN NOW, WE ALSO TALKED. YOU AND I, BACK ON THE 9TH OF 

JULY ABOUT WHETHER YOU WORKED INDEPENDENTLY OR WHETHER YOU 

ALWAYS WORKED WITH QTHER OFFICERS. AND I BELIEVE YOUR 

ul
 TESTIMONY WAS THAT SOMETIMES YOU WORKED INDEPENDENTLY: I: 

THAT CORRECT? 

A. THATS RIGHT. 

ol. AND OTHER OFFICERS WOULD KNOW WHAT YOu DID WHEN YOu 

WENT OUT TO TALK TO A PARTICULAR WITNESS? 

A. THATS RIGHT. 

(3 INDEED, 1 BELIEVE YOU! AL30 TESTIFIED THAT yOu DONT 

KNOW WHETHER OTHER OFFICERS KNEW THAT YOU HAD AN INFORMANT 

RELATIONSHIP WITH MR. EVANS? 

A. THAT "3 TRUE. 

(WS SO THAT COULD HAVE BEEN SOMETHING YOU KNEW AND THEY 

DIDNT? 

A. THATS RIGHT. 

16 (0
 MR. BOGER: OKAY. ID LIKE TO MARK AS PETITIONERS 

5%
) A DOCUMENT. ILL SHOW IT TO THE WITNESS WITH YOUR HONORS 

PERMISSION. MR. HARRIS, THIS IS THE STATE HABEAS CORPUS 

TESTIMONY OF OFFIE EVANS. WE REFERRED TO IT DURING YOUR 

FREVIOUS TESTIMONY BACK IN JULY. 

YOUR HONOR, ITS THE COMPLETE COPY OF THAT TRANSCRIPT. 

AND ID OFFER IT INTO EVIDENCE FOR THE CONVENIENCE OF THE 

COURT 

THE COURT: ALL RIGHT. 

  

  

 



  

  

  

MR. BOGER: 

TRANSCRIPTS. 

THE COURT: 

BY MR. BOGER: 

WH. LET ME DIREC 

OF THAT TRANSCRIPT. 

BOTTOM OF THAT 

EVANS BY MR. 

YOLIR 

FOLICE 

WITH WARREN MCCLESK 

"YES." QIESTION: 

OFFICERS 

DOES 

THERE MAY 

THE COURT: 

YOu GOT OUR COPY? 

MR. BOGER: 

THE COURT: 

MR. BOGER: 

FAGE. 

THE WITNESS: 

FARGE, 

STROUP: 

TESTIMONY, 

OFFICERS AROUT 

WERE 7" 

THAT DOCUMENT HELP 

~~ THE SAME WAY WE“VE OFFERED 

ALL RIGHT. IT WILL BE ADMITTED. 

T YOUR ATTENTION, MR. DORSEY. TC 

I'M B0RRY, PAGE 117 FIRST. NEAR 

THE QUESTION IS ASKED OF MR. 

"OKAY, WHAT —— PRIOR TO 

HAD YOU TALKED WITH 

THE SUBSTANCE OF YOUR 

EY IN JULY?" ANSWER: 

"DO YOU RECALL WHO THQSE 

ANSWER: "HARRIS AND DORSEY. M 

REFRESH YOUR RECOLLECT 

HAVE BEEN A MEETING? 

LET ME SEE THAT. WHAT PAGE IS 

I“VE SOT A COPY OF 17. 

WHAT PAGE IS IT? 

FAROE 117, 

THIS DOESN’T RECOLLECT MY MEETING, 

OTHER 

FAGE 11& 

THE 

THE TIME OF 

ANY ATLANTA 

CONVERSATIONS 

ATLANTA POLICE 

ION THAT 

IT -- HAVE 

YOUR HONOR. AT THE BOTTOM OF THE 

ANY 

REFERENCE TQ A MEETING THAT MAY HAVE QCCURRED AT THE FULTON 

COUNTY JAIL. 

BY MR. ROGER: 

  

  

 



  

    

Gl. OKAY. SO THAT DOESNT HELP YOU AT ALL? 

A. NO. 

“. THEN ON PAGE 118, THERE ARE SOME QUESTIONS OF MR. 

EVANS ABOUT WHETHER HE HAD CONVERSATIONS —-- CONVERSATIONS 

WITH INVESTIGATORS FROM THE DISTRICT ATTORNEY S OFFICE. 

THATS ABOUT MIDWAY DOWN THE PAGE, AND THERES A 

QUESTION AND ANSWER: "WHO WERE THE INVESTIGATORS? WHO WERE 

THE INVESTIGATOR OR INVESTIGATORS THAT YOU TALKED TO?" AND 

THE ANSWER 1d: "RUSSELL FARKER." AND THERES SOME 

CONVERSATIONS ARQUT THAT, AND ON OVER INTO FAGE 119. TAKE 

YOUR TIME IF YOU WANT TO READ THROUGH IT. 

AND THE CONVERSATION, MR. EVANS SUGGESTS WAS ALSO IN 

JULY 

THE COURT: PAGE? 

BY MR. BOGER: 

Gla WE“RE NOW ON PAGE 117, AND HE TALKS ABOUT WHAT HE TOLD 

OR DIDN'T TELL MR. PARKER AT THAT TIME, AND THEN TOWARD THE 

BOTTOM OF PAGE 119 THERE 2 FURTHER QUESTIONING I WANT TO 

DIRECT YOUR ATTENTION TQ. 

AGAIN, MR. STROUP QUESTIONING MR. EVANS. QUESTION: 

"ALL RIGHT, YOU TALKED WITH DETECTIVE DORSEY. IT WAS DORSEY, 

THE DETECTIVE YOU TALKED TO?" MR. EVANS ANSWERS: 

"YES." QUESTION: "ALL RIGHT. AND YOU TALKED WITH DETECTIVE 

DORSEY FIRST BEFORE YOU TALKED WITH RUSSELL PARKER FROM THE 

0D.A. “SS OFFICE?" ANSWER: "THAT "5 RIGHT.” 

  

  

 



  

1)
 

  

  
~
 TR
 

DOES THIS EXCERPT OF MR. EVANS TESTIMONY REFRESH YOUR 

RECOLLECTION -—- 

A. NC. 

Gl. -= OF A FRIOR MEETING BEFORE A MEETING WITH RUSSELL 

PARKER? 

A. HUH~LH. 

Gla NOW, SINCE OUR LAST HEARING, MR. DORSEY. HAVE YOU MET 

WITH MR. HILL OR MS. WESTMORELAND OR ANYBGCDY TO TALK ABOUT 

TESTIMONY YOU GAVE AT THAT TIME OR THE ISSUES IN THIS CASE? 

A. SINCE THE LAST HEARING HAVE 1 MET WITH WHOM NOW? 

a MS. WESTMORELAND OR MR. HILL OR ANY REPRESENTATIVES OF 

THE STATE ATTORNEY GENERALS OFFICE? 

A. YES, IVE TALKED TO THEM. 

«a. WHEN, DO YOU RECALLT 

[A I GUESS & MONTH OR WEEK OR SO AFTER THE HEARING, THAT 

LAST HEARING. 

Gla HOW LONG WAS THAT MEETING? 

A. MAYBE 15 MINUTES. 

(2. OKAY. [DID YOU READ THE NEWS ACCOUNT OF THIS HEARING? 

A. NLL. 

Cle DO YOU HAVE ANY ADDITIONAL WRITTEN DOCUMENTS OR NOTES 

THAT WOULD HELP ASSIST YOUR RECOLLECTION APART FROM WHAT WE 

HAD PRIOR TQ THE TIME OF JULY THE 10TH? 

A. I'M SORRY, I DONT. 

Gla OR THE 27TH, 

  

  

 



  

    

MR. BOGER: EXCUSE ME ONE MOMENT, YOUR HONOR. 

BY MR. BOGER: 

Cl. MY CO-COUNSEL SUGGESTS ANOTHER WAY TO ASK THIS 

QUESTION WHICH IS PROBABLY BETTER. MR. DORSEY. 

HAVE YOU USED ANYTHING, ANY WRITTEN DOCUMENT TO 

REFRESH YOUR RECOLLECTION BETWEEN JULY THE 9TH AND TODAY? 

Ae. JULY THE YTH OF THIS YEAR AND TODAY? 

ol. OF THIS YEAR AND TODAY? 

A. I HAVENT HAD ANYTHING. 

MR. BOGER: OGKAY. NO FURTHER QUESTIONS. 

MS. WESTMORELAND: ONE MOMENT. YOUR HONOR. 

REDIRECT EXAMINATION 

WESTMORELAND: {0
 

BY M 

Gla OFFICER DORSEY, YOUVE BEEN ASKED —- BEEN TALKING 

ABOUT SOME OF THESE THINGS, AND I BELIEVE YOU INDICATED 

POSSIBLY AND FROBABLY AND DURING THE LAST HEARING. DO vou 

RECALL EVER HAVING ASKED, AND I DON’T MEAN SPECIFICALLY JUST 

IN THIZ CASE. BUT EVER HAVING ASKED THAT AN INMATE BE PLACED 

NEXT TCO OR IN THE CELL WITH ANOTHER INMATE FOR THE PURFOSE OF 

OVERHEARING CONVERSATIONS? 

MR. BOGER: OBJECTION. YOUR HONOR. 

THE WITNESS: NO. 

THE COURT: WHATS YOUR OBJECTION? 

Mk. BOGER: IT’S IRRELEVANT WHETHER HE MAY HAVE [DONE 

IT IN ANOTHER CASE OR NOT. 

  

  

 



  

  

')
 

  

THE COURT: ALSO, I DON'T UNDERSTAND THE SCOFE OF 

CROSS. SUSTAIN THE CBJECTION. 

M5. WESTMORELAND: YOUR HONOR, MY POINT IS TO 

ESTABLISH THE MEMORY OF THE WITNESS BECAUSE MY NEXT QUESTION 

IS GOING TO BE WHETHER IF HE HAD MADE ANY SUCH PROMISE IN 

THIS CASE HE WOULD REMEMBER ANY SUCH REQUEST IN THIS CASE —— 

HE WOULD REMEMBER IT IN THIS CASE. 

MR. BOGER: TO WHICH I THINK I WOULD POSE AN 

OBJECTION. 

THE COURT: YOU CAN ASK THAT QUESTION. 

BY MS. WESTMORELAND: 

Gl. OFFICER DORSEY. IF you HAD MADE ANY SUCH REQUEST IN 

THIS CASE, THAT I3, THAT MR. EVANS BE PLACED IN A CELL OR 

NEAR A CELL SO HE COULD OVERHEAR CONVERSATIONS WITH MR. 

MCCLESKEY. IS THAT SOMETHING THAT YOU WOULD HAVE REMEMBERED? 

A. YES, MA“AM, I WOULD REMEMBER THAT. 

MZ. WESTMORELAND: I HAVE NO FURTHER GUESTIONS. YOUR 

RECROSS-EXAMINATION 

BY MR. BOGER: 

GQ. BUT OFFIE EVANS WAS YOUR INFORMANT ABOUT WHO VOU HAD 

WORKED WITH ON PREVIOUS OCCASIONS: IS THAT CORRECT? 

A. YES. AS I HAD STATED, I HAD MET HIM SOMETIME BEFORE, 

AND I DON'T REMEMBER ON WHAT CASES THAT HE HAD ASSISTED ME 

Ny, BUT = 

  

  

 



  

    

MS. WESTMORELAND: YOUR HONOR, 1 WOULD OBJECT. THIS 

GOES BEYOND THE SCOPE OF MY DIRECT EXAMINATION AND HIS 

CROSS-EXAMINATION AND MY REDIRECT AS WELL. 

MR. BOGER: YOUR HONOR, WERE NOW INTO TESTING. I 

THINK, THE FOWERS OF THE WITNESS” RECOLLECTION. AND I HAVE A 

FOLLOW-UP QUESTION WHICH IS I THINK AS SIMPLE AS MS. 

WESTHMORELAND ES, THAT THIS I5 THE MAN WHOS TESTIFYING —- 

WELL, I RATHER HAD GET YOUR RULING. I SUPPOSE. THAN —- 

THE COURT: I THINK YOUR QUESTION IS REALLY 

RHETORICAL. ILL SUSTAIN THE CORIECTION AS BEING QUTSIDE THE 

REDIRECT. 

MR. BOGER: NI FURTHER GLUESTIONS. 

MS. WESTMORELAND: I HAVE NO FURTHER QUESTIONS OF THIS 

WITNESS. YOUR HONOR. 

THE COURT: ALL RIGHT. THANK YOU, MR. DORSEY. Y CL 

MAY GO. 

ME. WESTMORELAND: YOUR HONOR. MAY HE BE EXCUSED. 

THE COURT: HE MAY. 

(WITNESS WITHDRAWS FROM STAND 

MS. WESTMORELANI: YOUR HONOR. AT THIS TIME I CALL 

W.kK. JOWERS. 

THE CLERK: SIR, YOU ARE STILL UNDER OATH. IF vou 

WILL JUST HAVE A SEAT. 

W. K. JOWERS 

  

  

 



  

    

BEING PREVIOUSLY DULY SWORN, 

TESTIFIED FURTHER AS FOLLOWS: 

v7 

RESUMED THE WITNESS STAND AND 

DIRECT EXAMINATION 

BY MS. WESTMORELAND: 

i. WOULD YOU STATE YOUR NAME, PLEASE? 

A. YES. MY NAME IS W.K. JOWERS. 

Gi. AND OFFICER JOWERS, I BELIEVE YOU TESTIFIED PREVIOUSLY 

IN THIS HEARING, IN JuULYs IS THAT CORRECT? 

A. YES. 

Gl. AND OFFICER JOWERS, I WOULD LIKE TO DIRECT YOUR 

ATTENTION TO JULY OF 1978, DURING THE COURSE OF THE 

INVESTIGATION OF THE FRANK SCHLATT CASE. 

DID YOU KNOW AN INDIVIDUAL BY THE NAME OF OFFIE EVANS 

AT THAT TIME? 

A. NCO, MA‘AM. 

Ge 

ATK ANYONE TO EITHER MOVE MR. 

COUNTY JAIL OR TO HAVE HIM PLACED 

FULTON COUNTY JAIL &O 

MR. MCLLESKEY? 

HE COULD OVERHEAR 

DID YOU DURING THE COURSE OF THAT INVESTIGATION EVER 

EVANS TO A CELL IN FULTON 

IN A PARTICULAR CELL IN 

CONVERSATIONS WITH 

A. NO, MA“AM. 

Cle DID YOU EVER HEAR OF ANYONE MAKING THAT REGUEST? 

A. NC. 

(WR SFECIFICALLY, LET ME ASK, DID YOUU ASK THEN -- WHO WAS 

THEN CAFTAIN WORTHY WORKING AT THE FULTON COUNTY JAIL 

  

  

ro EVER  



  

  

[A
] 

  
2 0 

MOVE MR. EVANS? 

A. NO, MA‘AM. 

Gl. DID YOU EVER ASK CARTER HAMILTON TO MOVE MR. EVANS? 

A. NC. 

Gl. I BELIEVE YOUR TESTIMONY WAS THAT YOU KEPT THE 

INVESTIGATIVE FOLDER IN THIS CASE, WAS THAT MY RECOLLECTION 

FROM THE LAST HEARING? 

A. YES. 

. IN THE COURSE OF KEEPING THAT —- THE INVESTIGATIVE 

FILE IN THE CASE, DID IT EVER COME TO YOUR ATTENTION THAT 

ANYONE HAD TAKEN ANY ACTION TOWARD HAVING OFFIE EVANS PLACED 

IN A PARTICULAR CELL $0 HE COULD QVERHEAR CONVERSATIONS WITH 

MR. MCCLESKEY? 

A. NO, MA-AM. 

Gta AND TID YOU FIND ANY REFERENCE TO ANYTHING OF THAT 

SORT IN THE FILE THAT YOU KEFT AT THAT TIME? 

A. NC. 

MS. WESTMORELAND: NO FURTHER QUESTIONS, YOUR HONOR. 

CROSE-EXAMINATION 

BY MR. BUGER: 

=. MR. JOWERS, I WOULD AGAIN DIRECT YOUR ATTENTION TO 

JULY OF 1978 TIME PERIOD ABOUT WHICH YOU HAVE GIVEN 

TESTIMONY. ARE YOU GENERALLY FAMILIAR WITH THE POLICIES AND 

PROCEDURES OF THE BUREAU OF POLICE SERVICES AS OF JULY OF 

19787 

  

  

 



  

  

ND
 

8]
 

  

MS. WESTMORELAND: OUTSIDE THE SCOPE OF DIRECT 

EXAMINATION, YOUR HONOR. 

MR. ROGER: I WOULD LIKE TO MAKE A PROFFER. YOUR 

HONOR. ID LIKE TO EXAMINE HIM ON THE —-~ GOING TO THE 

QUESTION OF WHAT HE“D EXPECT TOD FIND IN THE FILE AND WHAT HE 

WOULDN“T EXPECT TO FIND IN THE FILE. AND THE QUESTION IS JUST 

CA BASIS FUR MOVING INTO EXAMINATION ALONG THOSE LINES. (£4
 

MS. WESTMORELAND: YOUR HONOR. THEY HAVE HAD THE 

OPPORTUNITY TO EXAMINE THE FILE. THEY HAD THAT OPPORTUNITY 

LAST HEARING AND I THINK THE QUESTION MAYBE IF THERE IS 

ANYTHING -- THERE IS ANYTHING IN THE FILE WE‘VE ALREADY 

DISCOVERED. THERE ISN'T -~ WHAT HE MAY OR MAY NOT EXPECT TO 

BE IN THE FILE SIMPLY ISN-T RELEVANT. 

THE COURT: YOUU ASKED A GUESTION ABOUT WHAT WAS IN THE 

FILE, DIDN'T YQu? 

WESTMORELAND: YOUR HONOR, I DID. I DONT THINK ot 13
) 

EY
 

WHETHER HE EXPECTED SOMETHING TO BE IN THE FILE IS THE 

GUESTION, AND WE DID NOT ASK ANY QUESTIONS ABOUT PROCEDURES 

AND POLICIES OF THE DEPARTMENT. 

THE COURT: OVERRULE THE OBJECTION. 

BY MR. BOGER: 

Gl. YOU ARE GENERALLY FAMILIAR WITH THE FOLICIES OF THE 

BUREAU! BETWEEN —- IN EXISTENCE IN 19787 

A. YES. SIR. 

a. WHAT -— WHAT WAS THE BUREAUS POLICY REGARDING THE USE 

  

  

 



  

  

MN
 

i]
 

  

100 

OF INFORMERS AND TO BE MORE SPECIFIC. WAS THERE A POLICY OF 

THE BUREAU REGARDING DETECTIVES REQUESTING THAT A WITNESS —- 

LET ME REPHRASE THAT. 

WAS THERE A POLICY COVERING THE FROPRIETY OR 

IMPROPRIETY OF A DETECTIVE OR ANY POLICE OFFICER ASKING THAT 

A —— AN INMATE BE MOVED SO THAT HE CQULD BE A LISTENING POST 

| AND ASK QUESTIONS OF ANOTHER WITNESS AS FART OF AN ONGOING 

INVESTIGATIONY 

WESTMORELAND: OBJECTION, YOUR HONOR. IT GOES = 0)
 

OUTSIDE THE SCOPE OF DIRECT EXAMINATION. WE WERE TALKING 

ABOUT POLICIES AND PROCEDURES IN RELATION TO THE FILE. WHAT 

THE POLICIES AND PROCEDURES MAY BE WITH RELATION TO 

INFORMANTS IS NOT RELEVANT TO THE ISSUES BEFORE THE COURT. 

THE COURT: SUSTAIN THE OBJECTION. 

MR. BOGER: BUT IF I JUST -- 

THE COURT: THE EARLIER QUESTION WAS POSITIVE ON WHAT 

HE MIGHT EXFECT TO BE IN THE FILE. THAT QUESTION JUST LEFT 

THAT AREA ALL TUGETHER. 

MR. BOGER: WELL. IF I MAY —= IF I MIGHT SPEAK TO THAT 

FOINT, YOUR HONOR, IT WOULD SEEM TO ME THAT IF THERE (S A 

FOLICY OF PROHIBITING SUCH CONDUCT, THEN ONE WOLD NOV LIKELY 

FIND A MEMO TO THAT EFFECT IN THE FILE, AND I SIMPLY WANTED 

TO DO EXAMINATION ALONG THOSE LINES. 

THE COURT: 1 SUSTAIN THE OBJECTION. 

BY MR. ROGER: 

  

  

 



  

ha
 

£0]
 

~~
 

  

  

101 

Gl. WOULD YOU, WITH RESPECT TO A MEMO -- IN LIGHT OF 

BUREAU POLICIES, IF ONE OF THE INVESTIGATING OFFICERS ON THIS 

CASE HAD REQUESTED MOVEMENT OF AN INMATE AT THE FULTON COUNTY 

JAIL TO THE CELL NEXT TO WARREN MCCLESKEY., WOULD YOLI HAVE, IN 

LIGHT OF BUREAU POLICIES AND PROCEDURES, EXPECTED A MEMO TG 

BE WRITTEN TO THAT EFFECT? 

A. I WOULD HAVE. BECAUSE I'M NOT AWARE OF ANY RULE THAT 

ADDRESSES THE MOVING OF A PRISONER TO LISTEN TO ANCGTHER 

FRISONER. I WOULD HAVE EXPECTED -— I‘M NOT AWARE OF A RULE IN 

THE BUREAU POLICIES AND PROCEDURES. IM NQT AWARE OF IT. 

Gl. YOU RE NOT AWARE OF ANY RULE PROHIBITING THAT CONDUCT? 

A. IT MAY VERY WELL BE THERE. SIR. BUT I“M NOT AWARE OF 

ITY. 

MR. STROUP: THAT ES ALL 1 HAVE. 

M5. WESTMORELAND: NO FURTHER QUESTIONS. YOUR HONOR. 

THE COURT: SIR, YOU'RE EXCUSED AND MAY GO DOWN. CALL 

YOUR NEXT WITNESS. 

(WITNESS WITHIORAWS FROM STAND) 

MS. WESTMORELAND: YOUR HONOR, I CALL WELCOME HARRIS. 

THE CLERK: SIR, YOU ARE STILL UNDER OATH. IF You 

WILL JUST HAVE A SEAT. 

WELCOME HARRIS 

BEING FPREVIQUSLY DULY SWORN. RESUMED THE WITNESS STAND AND 

TESTIFIED FURTHER AS FOLLOWS: 

  

  

 



  

  

  

102 

DIRECT EXAMINATION 

BY MS. WESTMORELAND: 

Gl. WOULD YOU STATE YOUR NAME FOR THE RECORD. PLEASE? 

A. INVESTIGATOR WELCOME HARRIS, JR. 

Gl. AND INVESTIGATOR HARRIS, I BELIEVE YOU TESTIFIED AT 

THE PRIOR HEARING BEFORE THIS COURT IN JULYSs IS THAT RIGHT? 

i A, YES, MAYAM. 

W. SPECIFICALLY IN RELATION TO THE EVENTS OF JULY IN 197& 

AND CONCERNING OFFIE EVANS IN PARTICULAR. WHEN WAS YOUR 

FIRST CONTACT WITH OFFIE EVANS? 

A. JULY 12TH. 

Gla HAD YOU EVER HEARD OF OFFIE EVANS PRIOR TO THAT DATE? 

Aa NO, MA“AM. 

I. ALL RIGHT. DURING THIS TIME PERIOD OF THE 

INVESTIGATION IN THIS CASE, DID YOU EVER ASK ANYONE TO MOVE 

GFFIE EVANS IN THE JAIL S80 THAT HE COULD OVERHEAR 

CONVERSATIONS WITH MR. MCCLESKEY? 

A. NCOs MATAM. 

. DID YOU EVER SUGGEST TO MR. EVANS THAT HE SHOULD 

ATTEMPT TO OVERHEAR CONVERSATIONS WITH MR. MCCLESKEY? 

A. NO, MAZAM. 

a. DID YOU EVER HEAR OF ANYBODY ELSE OR DID YOU EVER HEAR 

ANYONE ELSE MAKING SUCH A REQUEST? 

A. NO, MA“AM. 

He. HAS ANYONE IN YOUR FRESENCE EVER ACKNOWLEDGED THAT 

  

  

 



  

  

Ma
 

  

103 

THEY MADE A REQUEST THAT OFFIE EVANS BE MOVED AT THE FULTON 

COUNTY 

A. 

. 

REQUEST 

TESTIFIED 

WORTHY IN 

A. 

JAIL? 

THEY HAVEN'T. 

OKAY. SPECIFICALLY. DID YOU EVER MAKE ANY SUCH 

SUGGESTION TQ ULYSSES WORTHY? 

ABOUT A MOVE? 

AROUT MOVING OF EVANS? 

MA“ AM. 

Yall EVER MAKE ANY SUCH REQUEST OR SUGGESTION TO 

HAMILTON? 

Ma” AM. 

RELATION TO THE INTERVIEW THAT YOU HAVE ALREADY 

ABOUT ON JULY 12TH, [0 YOU RECALL. WAS CAPTAIN 

THE ROOM DURING THE INTERVIEW? 

I DONT RECALL HIM BEING IN THE ROOM. 

you RECALL HIM BEING IN AND QUT? 

I CAN‘T SAY WITH ANY DEGREE OF CERTAINTY. I JUST 

DON'T RECALL HIM BEING IN THE ROOM AT THE TIME. 

HONOR. 

BY MS. 

Gl. 

MARKED 

WESTMORELAND: IF I MAY AFFROACH THE WITNESS, YOUR 

THE COLIRT: ALL RIGHTY. 

WESTMORELAND: 

INVESTIGATOR HARRIS. IVE JUST HANDED YOU WHAT-S BEEN 

FETITIONER-S EXHIBIT &, FREVIOUSLY IDENTIFIED AS A 

STATEMENT OF CQFFIE EVANS. WOULD YOU READ THE FIRST SENTENCE 

  

  

 



  

10 

  

  

104 

OF THAT STATEMENT. PLEASE. 

Aa CkAY: "I AM IN THE FULTON COUNTY JAIL. CELL NUMBER 1. 

NORTH 14, WHERE I HAVE BEEN SINCE JULY 33RD, 1978 FOR ESCAPE." 

Gla NQW, IS THAT WHAT MR. EVANS TOLD YOU AT THE INTERVIEW 

AT THE TIME THAT THAT STATEMENT WAS TAKEN ON AUGUST 15T, 

12787 

A. YES, MA AM 

(FS WERE THOSE HIS WORDS? 

A. THESE ARE HIS WORDS. 

Mo. WESTMORELAND: I HAVE NO FURTHER QUESTIONS, YOUR 

HONOR. 

THE COURT: READ ME THE WORDS AGAIN, 

THE WITNESS: SIR? 

THE COURT: READ ME THE WORDS AGAIN. 

THE WITNESS: OKAY: "1 AM IN THE FULTON COUNTY Jall, 

CELL NUMBER 1, NORTH 14, WHERE I HAVE BEEN SINCE JULY THE 

2R0O., 1779 FOR ESLCAFE." 

THE COURT: AND THATS ALL IT 1&7 

THE WITNESS: YES, SIR. 

THE COURT: ALL RIGHT. ANY QUESTIONS? 

BY MR. BOGER: 

Gl. MR. HARRIS, OR DETECTIVE HARRIS. YOU SAID YOUR FIRST 

MEETING WITH OFFIE EVANS WAS ON THE 12TH OF JULY: IS THAT 

CORRECT? 

  

  

 



  

    

A. YES, SIR. 

(A. AND THAT YOU HAD NO PRIOR ACQUAINTANCE WITH HIM? 

A. NC, SIR. 

. I BELIEVE YOU TESTIFIED ON JULY THE 9TH THAT YOU 

DIDNT KNOW HE HAD SERVED AS AN INFORMANT ON ANY PREVIOUS 

OCCASION, IS THAT —— 

MS. WESTMORELAND: OUTSIDE THE SCOPE OF DIRECT 

EXAMINATION, YOUR HONOR. 

THE COURT: WHAT WAS YOUR QUESTION? 

MR. BOGER: PARDON ME? 

THE COURT: WHAT WAS YOUR QUESTION? 

THE WITNESS: YOU DIDN'T KNOW THAT HE WAS AN INFORMANT 

AT THE TIME THAT YOU MET WITH HIM OR HAD SERVED AS AN 

INFORMANT PREVIOUSLY. 

THE COURT: YOU MAY ASK IT. 

MR. BOGER: THANK YOu, 

BY MR. BOGER: 

Gl. DID YOU KNOW THAT? 

A. NO, SIRs I DIDNT KNOW HE WAS AN INFORMANT. 

Gt. QKAY. AND YOu HAD: BY MY READING OF YOUR TESTIMONY, 

ONLY A VAGUE RECOLLECTION OF MR. DORSEY "2S PRESENCE AT THAT 

CONFERENCE ON JULY THE 12THs IS THAT CORRECT? 

A. YES, SIR. I WOULD SAY SO. 

G1. OKAY. INDEED, LETS LOOK AT THE TRANSCRIPT JUST TO 

SEE WHAT YOUR TESTIMONY WAS ON THAT. I MEAN. I DON’T WANT 

  

  

 



  

~i
 

“0
 

  

  

10& 

PUT WORDS IN YOUR MOUTH. 

ON PAGE 193, THE FIRST VOLUME OF THAT TRANSCRIPT. 1 

THINK ITS SITTING IN FRONT OF YOu, IT“% THE BIG DOCUMENT 

WITH THE CLIP ON THE TOP. 

MR. BOGERt IF I CAN APPROACH THE WITNESS, 1 THINK I 

CAN HELP HIM FIND THE RIGHT DOCUMENT. 

THE WITNESS: (OKAY. 

THE COURT: ALL RIGHT. 

THE WITNESS: OKAY. I FOUND IT. 

BY MR. BOGER: 

Gla QKAY. AT THE TOP OF THE PAGE 1 ASK ABOUT THE TWO OF 

YOU, MEANING PARKER AND YOURSELF, GOING OUT TO THE JAIL. AND 

WHEN YOU GOT THERE. I ASKED: "WERE YOU JOINED BY 

ANYONE?" AND YOU SAY: "I BELIEVE IT WAS THREE OF US THERE. 

LIKE I SAY, IM NOT SURE. 1 KNOW THERE WAS RUSSELL PARKER 

AND MYSELF, AND I BELIEVE IT WAS DORSEY. IM NOT SURE." 

WESTMORELAND: YOUR HONOR, ILL OBJECT TO THIS - Er
) 

LINE OF QUESTIONING. IT GOES QUTSIDE THE SCOPE OF QUR DIRECT 

EXAMINATION OF THIS WITNESS. 

THE COURT: LET ME SEE WHAT YOU-“RE ASKING HIM. LET ME 

SEE WHAT YOURE ASKING, 

MR. BOGER: IT STARTS ON HIS DIRECT EXAM, YOUR HONOR, 

ABOUT WHO WAS PRESENT AT THE MEETING. THEY SPECIFICALLY ASK 

ABOUT MR. WORTHY S PRESENCE. I“M ASKING ABQUT MR. DORSEY'S 

FRESENCE. 

  

  

 



  

    

THE COURT: GO AHEAD. 

BY MK. BOGERS 

Gd. THAT WAS YOUR TESTIMONY, WASNT IT? 

A. YES. SIR, THAT WAS MY TESTIMONY. RIGHT. 

(da AND THATS STILL CORRECT YOU DON'T HAVE A CLERK 

RECOLLECTION OF DETECTIVE DORSEY? 

A. I JUST SAY I BELIEVE —— 17D SAY THIS STANDS AS THE WAY 

I SAID IT, YES, THAT'S MY RECOLLECTION. 

THE COURT: IT WAS OR WASN'T? 

4 AME i THE WITNESS: WHAT 17M SAYING, YOUR HONOR, THE 

THING I SAID, I BELIEVE HE WAS THERE, BUT I KNOW MYSELF IN 

RESPONSE HE WAS. MY SECOND RESPONSE IS HE WAS THERE. 

BY MR. BOGER: 

@, LOOK OVER ON FAGE 206. 

[AH 206, 

2. OKAY. ONCE AGAIN WERE TALKING ABOUT THAT MEETING ON 

THE 12TH IN THE MIDDLE OF THE PAGE ON LINE 9, AND 

YOU SAY: “NOW, WHAT IM SAYING IS I KNOW THAT RUSSELL PARKER 

AND I WAS THERE, I HAD TO -— HAD A TYFE OF VAGUE RECOLLECTION 

AS WHO THE THIRD PERSON WAS BUT I BELIEVE IT WAS DORSEY. 1 

THINK I SAID I BELIEVE IT WAS DORSEY. ™ 

THATS YOUR TESTIMONY? 

Gl. AND THATS STILL YOUR TESTIMONY? 

A. UH-HUH. 

  

  

 



  

  

  

108 

G. YOU HAD ACTUALLY A VERY POOR RECOLLECTION OF SOME OF 

THESE EVENTS WITHOUT NOTES, DIDN'T You? DIDNT yOu TELL US 

IN YOUR TESTIMONY THAT YOU NEEDED THE NOTES? 

Fa I THINK THAT WOULD BE SAFE TO SAY, YES, SIR, THATS 

CORRECT. 

Gla YOUVE ALSO TESTIFIED THAT YOUU DIDN'T REALLY KNOW WHAT 

SOME OF THE OTHER OFFICERS DID. YOU KNEW WHAT You DID, BUT 

YOU WERENT AWARE OF WHAT THEIR OTHER ACTIONS WERE 

INDEPENDENTLY THROUGH YOUR OWN? 

A. IF 1 TESTIFIED THATS CORRECT. THAT 15 TRUE. 

Gl OKAY. BUT THATS YOUR PRESENT RECOLLECTION? 

A. UH=-HUH, NOT —— NOT KNOWING ANY -—- 

Gl. FINE. ONE ADDITIONAL MATTER, I WANT TO SHOW YOU A 

DOCUMENT THATS MARKED PETITIONER S EXHIBIT i4. IT MAY 

ALREADY BE OVER THERE. ITS A BIG &-1/2 BY 13 DOCUMENT. 

A. OH, UH-HUH. 1 SEE IT. OKAY, 

MR. STROUP: 1 HAVE IT. 

BY MR. BOGER: 

(NN THIS IS TESTIMONY GIVEN BY OFFIE EVANS IN THE STATE 

HABEAS CORPUS HEARING IN 1®21. LET ME DIRECT YOUR ATTENTION 

TQ PAGE 117. 

A. GAY. 

Gl. NEAR THE BOTTOM OF THE PAGE. THERE'S A QUESTION ANI 

ANSWER. OKAY, STARTS THE QUESTION: "WHAT -- PRIOR TO THE 

TIME OF YOUR TESTIMONY. HAD YOU TALKED WITH ANY ATLANTA 

  

  

 



  

[N
 

4
 

a 

  

  

10% 

POLICE OFFICERS ABOUT THE SUBSTANCE OF YOUR CONVERSATIONS 

WITH WARREN MCCLESKEY IN JULY?" THE ANSWER WAS: "YEAH." 

FOLLOWING QUESTION: "DO YOU RECALL WHO THOSE 

ATLANTA FOLICE OFFICERS WERE?" ANSWER: "HARRIS AND DORSEY." 

AND THEN THEY GO ON TO PAGE 118 TO TALK ABOUT A SUBSEQUENT 

MEETING WITH RUSSELL FARKER. SOMEBODY FROM THE DISTRICT 

A. UH-HUH. 

Gt. AND IF YOU LOCK ON TO PAGE 119, THE SUGGESTION IS THAT 

THERE WAS A FRIOR MEETING. AT THIS POINT THEY ONLY MENTION 

DETECTIVE DORSEY, BEFORE THE MEETING WITH RUSSELL PARKER. Dd 

THESE TESTIMONIAL EXCERPTS BY MR. EVANS REFRESH YOUR 

RECOLLECTION ABOUT WHETHER YOU MET WITH HIM FPRIOR T2 MEETING 

WITH RUSSELL PARKER? 

A. I KNOW THEY'RE INACCURATE AS FAR AS 17M CONCERNED. 

GL. YOU HAVE NO RECOLLECTION? 

Fie I HAD NO MEETING WITH HIM UNTIL JULY 12TH. 

2. QkAY. 

A. THE FIRST DAY THAT I GOT THE PHONE CALL. 

Gt. LET ME BE CLEAR ABOUT THAT. YOU GOT A FHONE CALL FROM 

WHOM ON THE 12TH? 

A. FROM DEPUTY SHERIFF HAMILTON. 

Gt. AND THAT WARS ON THE 1ZTH? 

A. ON THE MORNING OF THE 12TH, UH-HUH, 

MR. BOGER: OKAY. NO FURTHER QUESTIONS. 

  

  

 



  

    

110 

THE COURT: REDIRECT? 

REDIRECT EXAMINATION 

BY MS. WESTMORELAND: 

Gl. JUST ONE QUESTION. INVESTIGATOR HARRIS. IS IT YOUR 

TESTIMONY AND FOR MY CLARIFICATION, THAT YOU DONT RECALL 

SEEING OFFIE EVANS BEFORE JULY 12TH OR THAT YOU DID NOT SEE 

OFF IE EVANS BEFORE JULY 12TH? 

A. MAYBE I HAD NEVER SEEN HIM BEFORE. 

M5. WESTMORELAND: I HAVE NO FURTHER QUESTIONS, YOUR 

HONOR. 

THE COURT! ALL RIGHT. YOURE EXCUSEL. 

(WITNESS WITHDRAWS FROM STANDD 

THE COURT: all RIGHT. THE COURT WILL TAKE A TEN 

MINUTE RECESS. 

(WHEREUFON, A BRIEF RECESS WAS HAD.) 

THE COURT: YES, MAZAM. 

Ma. WESTMORELAND: I WOULD LIKE TO CALL RUSSELL JOHN 

FARKER AT THIS TIME, YOUR HONOR. 

THE CLERK: SIR, YOU ARE STILL UNDER OATH. IF YOU 

WILL JJST HAVE A SEAT. 

RUSSELL JOHN PARKER 

BEING PREVICQUSLY DULY SWORN, RESUMED THE WITNESS STAND AND 

TESTIFIED FURTHER AS FOLLOWS: 

  

  

 



  

on
 

  

  

i114 

DIRECT EXAMINATION 

BY MS. WESTMORELAND: 

Gl. WOULD YOU STATE YOUR NAME FOR THE RECORD. PLEASE? 

A. RUSSELL JOHN PARKER. 

Gla MR. PARKER, I BELIEVE YQU HAVE PREVIOUSLY TESTIFIED IN 

THIS PROCEEDING IN JULYS IS THAT CORRECT? 

A. YES 

. SPECIFICALLY REFERRING YOU TO THE TIME FERIOD IN JULY 

OF 1978 REGARDING THE INVESTIGATION OF THE SCHLATT CASE AND 

THE SUBJECT OF OFFIE EVANS IN PARTICULAR, DID YOU EVER ASK 

ANYONE TO MOVE OFFIE EVANS TO A CELL £0 HE COULD OVERHEAR 

CONVERSATIONS OF WARREN MCCLESKEY? 

A. NZ, MAT AM. 

Gd. DID YOU EVER SUGGEST TO OFFIE EVANS THAT HE SHOULD 

ATTEMPT TO GETAIN INFORMATION FROM WARREN MCCLESKEY? 

A. NCH MAT AM. 

(Wi DID YoU EVER ASK OFFIE EVANS TG TRY TO OVERREAR 

CONVERSATIONS OF MR. MCCLESKEY? 

A. NOs MATAM. 

Gl. SPECIFICALLY, DID YOU EVER ASK CARTER HAMILTON TO MOVE 

OFFIE EVANS? 

A. NJ» MA“AM. 

Gl. DID YOU EVER ASK ULYSSES WORTHY TO MOVE OFFIE EVANS? 

A. NO, MA“AM. 

( DID YOU EVER SUGGEST TO ANYONE DURING THE COURSE OF 

  

  

 



  

    

112 

THIS INVESTIGATION THAT OFFIE EVANS SHOULD BE MOVED SQ HE 

COULD QVERHEAR CONVERSATIONS? 

A. NG, MA7AM. 

ol. DID YOU EVER HEAR ANYONE ELSE MAKE SUCH A REGUESTY 

A. NC, MA“AM. 

(KH AND DID YOU EVER HEAR OF THAT HAPPENING DURING THE 

COURSE OF THE INVESTIGATION? 

A. NC, MATAM. 

Gl. AND PRIOR TQ THESE PROCEEDINGS [DID IT EVER COME TO 

YOUR ATTENTION THAT ANY SLUICH REQUEST HAD BEEN MADE? 

A. NO. 

Gl. TO YOUR KNOWLEDGE TODAY HAS ANY —- WAS ANY SUCH 

REGUEST MADE? 

A. NOT TO MY KNOWLEDGE. 

MS. WESTMORELAND: I HAVE NO FURTHER QUESTIONS, YOUR 

HONOR. 

THE COURT: YOU MAY CROSS. 

CROSS-EXAMINATION 

BY MR. BOGER: 

. MR. PARKER. I BELIEVE YOU TESTIFIED ON JULY THE &TH 

AND TH THAT YOU HAD NO INDEPENDENT RECOLLECTION OF DETECTIVE 

DORSEY ES ROLE IN THIS INVESTIGATION IN THIS CASES IS THAT 

CORRECT? 

MZ. WESTMORELAND: OBJECTION. QUTSIDE THE SCOPE OF 

DIRECT EXAMINATION, YOUR HONOR. 

  

  

 



  

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MR. BOGER: ESHE“S JUST ASKING WHETHER HE HAS ANY 

KNOWLEDGE OF ANYBODY ELSES INVOLVEMENT AND THEN I ASK HIM 

ABOUT ONE SPECIFIC PERSON, YOUR HONOR. I THINK ITS 

AFPROPRIATE. 

THE COURT: IT STRIKES ME. MS. WESTMORELAND. THAT IT 

HARDLY LIES WITH YOU TO COMPLAIN ABOUT THE WIDTH AND THE 

SCOPE OF THE HEARING WHEN YOU HAVE ALWAYS —— ALREADY ASKED 

THE COURT TO EXERCISE IT S DISCRETION TO LET YOU REOPEN. 

MS. WESTMORELAND: YOUR HONOR, WE ARE ATTEMPTING TO 

PROHIBIT —— TO NOT PROHIBIT BUT JUST TO KEEP FROM REHASHING 

EVERYTHING THAT WAS DISCUSSED AT THE FRIOR HEARING. 

THE COURT: WELL, I DONT WANT TO REHASH. 

MZ. WESTMORELAND: AND I THINK THATS ALL THIZ IS. 

THE COURT: I THINK WHILE WERE HERE WE MIGHT AS WELL 

GET TQ THE FACTS, IF WE CAN. GU AHEAD, MR. BOGER. 

BY MR. ROGER: 

Qe. YOUR TESTIMOMY. I BELIEVE. WAS THAT YOU HAD NO 

INDEPENDENT RECOLLECTION OF MR. DORSEY'S ROLE IN THE 

INVESTIGATIONS: IS THAT CORRECT? 

A. THE ONLY THING THING I HAVE THAT INDICATES HIS —-- IS 

MY NOTES THAT INDICATE HE WAS WITH US ON JULY THE 12TH 1978 

WHEN I FIRST INTERVIEWED OFFIE EVANS AT THE FULTON COUNTY 

JAIL. 

Gl. ALL RIGHT. AND YOU TESTIFIED AS WELL THAT YOU WEREN'T 

AWARE OF ANY CONVERSATIONS WITH MR. EVANS BY YOUR YOURSELF OR 

  

  

 



  

a 

  

  

ANY OTHER OFFICERS EXCEPT ON THE 12TH, THAT YOU HAD NOQ 

KNOWLEDGE OF ANY SUCH CONVERSATIONS? 

A. EXCEPT WHO? 

. EXCEPT ON JULY THE 12TH? 

A. YES, I HAD GOTTEN A PHONE CALL EARLIER THAT MORNING 

FROM THE ATLANTA HOMICIDE SQUAD. I BELIEVE IT WAS ONE OR TWO 

+ DETECTIVES. BASED UPON WHAT THEY TOLD US WE WENT OUT TO THE 

FULTON COUNTY JAIL, AND THAT'S THE FIRST TIME I HAD ANY 

KNOWLEDGE OF OFFIE EVANS, WAS ON THE MORNING OF JULY THE 

12TH, 1978. 

GL. ANLE I BELIEVE YOU TESTIFIED AS WELL THAT YOU HAD NO 

KNOWLEDGE OF THE CUSTODIAL ARRANGEMENTS FOR MR. EVANS AT THE 

JAIL? 

A. ONLY WHAT I WAS TOLD, THAT HE WAS IN A CELL NEXY TC 

MCCLESKEY AND OVERHEARD SOME OF THE CONVERSATIONS BETWEEN 

MCCLESKEY AND DUFKREE WHO WAS IN THE CELL ON THE FLOOR ABOVE. 

2. AND THATS WHAT YOU WERE TOLD BY MR. EVANS? 

A. I WAT ToLD THAT BY EVERYERODY. 

Gl. LET ME DIRECT YOUR ATTENTION TO THE TRANSCRIPT OF YOUR 

TESTIMONY. THERE IS A TRANSCRIPT THERE. I-LL BE GLAD TC 

COME FORWARD AND SHOW YOU WHAT IT IS. IN VOLUME ONE, IF You 

WILL LOOK AT PAGE 171, OR. EXCUSE ME, 167. ON THAT PAGE, I 

ASKED YOU, I BELIEVE, WHETHER YOU SENT HIM BACK TO HIS CELL 

WITH KNOWLEDGE THAT -- AND YOUR RESPONSE WAS: "I SENT HIM 

NOWHERE. I CONDUCTED MY INTERVIEW AND WE LEFT. ® 

  

  

 



  

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WAS THAT YOUR TESTIMONY? 

A. THATS WHAT HAFPENED. YES. 

Wd. OKAY, LET'S LOOK IN PAGE 169. IM SORRY. 1 DON-T 

HAVE ANOTHER REFERENCE IN THIS VOLUME. LETS LOOK AT THE 

NEXT VOLUME, THE ONE THATS WRAFPED IN A PLASTIC ENVELOPE. 

IF YOU WILL LOOK AT PAGE 7%. AT THE TOP OF THE PAGE. LINE 4. 

HAVE YOU FOUND THAT REFERENCE? 

A. I SEE YOUR QUESTION. 

2. MY QUESTION WAS: "I SEE. IS THAT WHAT —-- DID HE 

SFEAK WITH YOU ABOUT HIS CIRCUMSTANCES IN FULTON COUNTY? HE 

WAS FUT IN SOLITARY IN FULTON COUNTY: IS THAT CORRECT?" AND 

YOUR RESPONSE, ANSWERT “I [DON'T KNOW WHAT IT WAS IN. 

ALL I KNOW IS THAT HE AFPFARENTLY WAS AN ESCAPED FEDERAL 

PRISONER." QUESTION: "YOU DID KNOW HE WAS IN A CELL NEXT 

TO MR. MCCLESKEY?" ANSWER: "THAT'S WHAT I FOUND OUT WHEN 

HE FIRST CAME IN." AND THEN TOWARD THE BOTTOM: “YOU KNEW 

THAT MR. MCCLESKEY WAS IN SOLITARY CONFINEMENT? 

ANSWER: "ALL I KNOW THAT" -- DASH —— "IS WHAT HE TOLD ME. 

HE WAS IN CELL 14 AND MCOCCLESKEY WAS IN CELL 15.¢ 

THAT WAS YOUR TESTIMONY? 

A. THATS STILL MY TESTIMONY. 

Ee. OKAY. NO FURTHER QUESTIONS. 

M3. WESTMORELAND: I HAVE NO FURTHER QUESTIONS OF MR. 

PARKER, YOUR HONOR. 

THE COURT: MR. FARKER, THE COURT HAS TESTIMONY WHICH 

  

  

 



  

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116 

MAY BE CREDIBLE WHICH SUGGESTS THAT THERE WAS A REQUEST MALE 

TO RELOCATE EVANS AND ASK HIM TO QVERHEAR AND TO [DRAW 

MCCLESKEY OUT AND THAT IT WAS MADE ON THE DATE THAT YOU AND 

THE OTHER THREE OFFICERS WENT OUT. WHICH I PRESUME WAS THE 

12TH. 

ARE YOU SAYING THAT NO SUCH REQUEST COULD POSSIBLY 

HnRVE BEEN MADE OR JUST NONE TQ YOUR KNOWLEDGE? 

THE WITNESS: NONE WAS MADE IN MY PRESENCE. AND I 

DONT KNOW OF ANY. I DONT KNOW OF ANYEBQDY THAT EVEN 

SUGGESTED 17. I DON'T KNOW OF ANYBODY THAT EVEN THOUGHT 

AROUT IT. I DONT KNOW OF ANYBODY THAT EVEN HINTED AT IT. 

THE COURT: WERE THE OFFICER2 ALONE WITH CAPTAIN 

WORTHY AT ANY TIME THAT YG CAN RECALL 20 THAT IT COULD HAVE 

HAPPENED? 

THE WITNESS: AS I RECALL WHEN WE CAME IN THROUGH THE 

FULTON COUNTY JAIL, YOU COME THROUGH THE FIRST DOOR THATS 

INSIDE THE -—- A LOBBY AND ITS A LOCKED DOOR. AND YOU COME 

DOWN A HALLWAY THERE. 

THE COURT: PUSH A BUTTON OR SOMETHING? 

THE WITNESS: YOU COME DOWN A HALLWAY AND THATS WHERE 

THE DESK IS. THEY PUT US IN THE FIRST OFFICE TO THE RIGHT 

WHICH AS I UNDERSTAND IS THE CAPTAIN‘S OFFICE. I DON-T 

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 REMEMBER IT BEING WORTHY S OFFICE. BUT I GUESS THAT S 

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 WE ASKED IF WE COULD USE AN OFFICE. AND THAT'S 

  

  

 



  

  

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117 

OFFICE THAT WE USED. AND WE WAITED, THEN, UNTIL OFFIE EVANS 

WAS BROUGHT IN, AND THEN WE STARTED TALKING TQ HIM. 

THE COURT: WAS THERE ANY INVESTIGATOR ASSCCIATED 

CLOSELY TO THE INVESTIGATION, TO YOUR KNOWLEDGE, WHO WAS 

WHITE? 

THE WITNESS: WHO WAS WHAT, SIR? 

THE COURT: WHITE. 

THE WITNESS: WHITE. IVE NEVER HEARD THAT NAME. 

THE COURT: NO, RACE, CAUCASIAN. THE THREE OFFICERS 

THAT IVE SEEN ARE ALL BLACK OFFICERS. 

THE WITNESS: QGKAY. 

THE COURT: DO YOU KNOW OF YET ANOTHER OFFICER THAT 

WAS WORKING INTIMATELY ON THE SCHLATT CASE THAT WAS WHITE? 

THE WITNESS: NOT TO MY KNOWLEDGE. ALL MY DEALINGS 

DIRECTLY WERE WITH JOWERS AND HARRIS, PRIMARILY. 

THE COURT: ALL RIGHT. THANK YOU, SIR. 

(WITNESS WITHDRAWS FROM STAND) 

MS. WESTMORELAND: YOUR HONOR, WE HAVE NO FURTHER 

WITNESSES. 

THE COURT: ALL RIGHT. ANY REBUTTAL EVIDENCE? 

MR. BOGER: NOTE, YOUR HONOR, WE HAVE PUT IN 

FETITIONER-S 16 WHICH IS THE STATE HABEAS TRANSCRIFT. 

THE COURT: TESTIMONY. 

MR. BOGER: AND THERE‘S ONE OTHER MATTER I NEED TO 

SPEAK WITH THE STATE ABOUT JUST A MOMENT. 

  

  

 



  

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(FAUSE) 

MR. BOGER: YOUR HONOR, THE STATE’S AGREED TO A 

STIPULATION THAT BACK IN JULY WHEN WE LOOK THROUGH MR. 

RUSSELL PARKER’S FILE IN THE MCCLESKEY CASE THAT WE FOUND 

THERE THE MOTIONS, THAT WE PROFFERED AS AN EXHIBIT TO THE 

HABEAS CORPUS PETITION SAYING THAT THEY WERE THE MOTIONS THAT 

HAD BELZN FILED IN THIS CASE. 

THE COURT: RY JOHN TURNER? 

MR. BOGER: BY JOHN TURNER. MS. WESTMORELAND NOTES 

THAT THEY WERE NOT STAMPED FILED IN FULTON COUNTY BUT THAT 

THEY WERE SIGNED AND RECEIVED BY MR. PARKER, SO WE PROFFER 

THAT STIPULATION. 

THE COURT: ALL RIGHT. 

MR. BOGER: THANK YOu, ONE ADDITIONAL MATTER. YOUR 

HONOR, IF I MIGHT SIMPLY STATE IN MY PLACE —-— ID BE GLAD TO 

TAKE THE STAND IF NECESSARY —~— I“D LIKE TO BE ABLE TO STATE 

IN MY FLACE THAT IVE NEVER MET MR. ULYSSES WORTHY PRIOR TO 

THE 9TH GF JULY. HE LEFT AN IMPLICATION ON THE STAND THAT IN 

THIS CASE. AT LEAST I THINK HE SAID, MR. BOGER AND I HAVEN'T 

} 
i"
 MET. BUT I WOULD STATE IN MY PLACE THAT I HAVE NEVER SEEN 

THE MAN AND THAT WHEN I WALKED OFF THE ELEVATOR I HAD NO IDEA 

WHO HE WAS. 

THE COURT: WHO SUBPOENAED HIM? 

MR. BOGER: WE SUBPOENAED HIM, BUT I BELIEVE IT WAS 

ONE OF THE PEOPLE FROM THE -— 

  

  

 



  

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119 

THE COURT: PUBLIC DEFENDER-S OFFICE. 

MR. BOGER: FUBLIC DEFENDER-‘S OFFICE, CALLY JONES WHO 

ACTUALLY MADE SERVICE. 

MS. WESTMORELAND: YOUR HONOR, I BELIEVE THAT'S 

CORRECT. IT WAS —— I DON‘T KNOW WHO, WHETHER IT WAS AN 

INVESTIGATOR (OR ONE OF THE ATTORNEYS THAT MADE SERVICE ON HIM 

FOUR THE LAST HEARING. HE WAS ON OUR SUBFPUOENA TODAY. THEN 

LAST TIME. 

THE COURT: ALL RIGHT. I HAVE GIVEN SOME THOUGHT TO 

THE OTHER GROUNDS OFFERED BY THE FETITIONER AND CAN AT THIS 

TIME FIND NO MERIT FOR GRANTING THE FETITION BASED ON ANY OF 

THEM. I DO NOT MAKE THAT AS A FINAL FINDING BUT JUST 

INDICATE TO YOU THAT THIS IS THE ARENA. 

I CAN AT THIS MOMENT THINK OF NO REASON TO DISCREDIT 

WORTHY “ES TESTIMONY. HOW TQ INTERPRET IT IS ANOTHER MATTER. 

I WOULD SUPPOSE FROM WHAT I REMEMBER OF PARKER‘S NOTES 

THAT IF THOSE DIRECTIONS WERE. AS HE SUGSESTEDR TODAY. MADE AT 

THE TIME PARKER WENT AND DID THE FIRST DEBRIEFING, THAT THE 

EVIDENCE THAT CAME OUT AT TRIAL WAS CLEAN OF ANY MESSIAH 

FROBLEM. CERTAINLY IF IT NEVER HAPPENED AT ALL, THERES NO 

FROEBLEM. 

THE —~ MY INITIAL GUT REACTION TO THE WEIGHT OF THE 

EVIDENCE, HOWEVER. IS THAT IT IS UNLIKELY THAT IT WAS DONE AT 

THAT TIME FOR THE MANY REASONS THAT I-M SURE YOU ALL CAN 

ARGUE, BUT I THINK BEFORE WE RUSH INTO A FINDING OF FACT ON 

  

  

 



  

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120 

THAT, THE BEST THING TO DO IS TO GIVE YOU ALL AN OPPORTUNITY 

TO HAVE THE TRANSCRIPT AND TO READ THE FACTS AND MAKE YOUR 

ARGUMENTS. 

THIS IS NOT ONE THAT ANYBODY IS GOING TO WAIVE A WAND 

OVER. LADY AND GENTLEMEN, AND SAY BECAUSE THE PETITIONER SAID 

IT’S S50 OR BECAUSE THE STATE SAID IT’S SG, IT “S SO. 

YOU ARE, MR. HILL. IN THE UNFORTUNATE FOSITION QF 

HAVING TO DEFEND SOME STATE QFFICERS WHOSE TESTIMONY IS NOT 

THE MOST VIRTUOUS EVER SEEN. AND 1 APPRECIATE THE POSITION 

THAT THAT PUTS YOU IN. ALL THAT IVE GOT TO RELY ON I5 

LOGIC, COMMON SENSE, AND 0 I INVITE YOU ALL TO ENGAGE IN 

THAT SORT OF AN ANALYSIS. 

I KNOW, FOR EXAMPLE. THAT MR. BOGER IS GOING TO POINT 

QUT WHAT HE DID IN HIZ CROSS-EXAMINATION AND THAT IS THAT THE 

FIRST SPONTANEOUS TELLING BY WORTHY MADE IT SOUND MORE LIKE 

THERE WAS A SECOND MEETING. YOUR EXHIBIT SUGGESTS THAT THERE 

WAS A MEETING WITH DORSEY AND HARRIS. THE WAY THE MCCLESKEY 

AFFIDAVIT BEGINS, YOUR ARGUMENT TQ ME FROM THE BEGINNING OF 

THE HEARING IS THAT IT’S UNLIKELY THAT COFFIE EVANS WOULD KNOW 

TO ENGAGE IN THE SORT OF RUSE CREATING THAT HE DID TO DRAW 

COUT THE INFORMATION UNLESS HED BEEN PUT UF TO IT. THAT'S 

THE SORT OF AN ANALYSIS, AND I“M USING THAT BECAUSE, FRANKLY. 

I'M HAVING TROUBLE MAKING THE SAME KIND QF POINTS FOR YQU 

ALL. BUT THEY MAY BE THERE. 

I CAN THINK OF ONE AND THAT IS -— THAT REBUTS THE LAST 

  

  

 



  

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ONE, AND THAT I8 THAT UNLIKE THE USUAL JAIL-HOUSE INFORMANT, 

OFFIE EVANS IS FROBABLY BETTER SCHOOLED THAN SOME POLICE 

OFFICERS AND —- BECAUSE OF THE MANY TIMES IN WHICH HE HAS 

HELPED AND SO THAT MAY TEND TO WEAKEN THAT PARTICULAR 

INFERENCE. BUT THAT”S THE SORT OF THINKING IM LOOKING TO 

YOU FOR, AND THE —-- I CAN‘T EVEN QUOTE IT RIGHT NOW. 

THE LANGUAGE OF THE LAW UF LOGIC, THAT'S WHAT I'M 

INVITING YOU TO ENGAGE IN. 1 AM NOT FREPARED TO ACCEPT 

ANYBODY S TESTIMONY IN THIS CASE AT FACE VALUE. I DONT KNOW 

WHAT ELSE TO TELL YOU. 

NOW, HOW SOON CAN YOU GET THE TRANSCRIPT. MR. HUSEBY. 

YOUVE GOT A TRANSCRIPT OF EVERYTHING THATS TRANSPIRED 

BEFORE? 

MR. BOGER: THATS CORRECT. 

MS. WESTMORELAND: YES, YOUR HONOR. 

THE COURT: WITH THE APPEALS AND EVERYTHING THAT HE'S 

GOT PENDING IT WILL BE A COUPLE WEEKS BEFORE HE CAN GET YOU A 

TRANSCRIFT. S00 UNLESS ANYBODY WANTS TO ARGUE FOR A MORE 

EXPEDIENT SCHEDULE, I WOULD GIVE THE PETITIONER S 30 DAYS 

FROM TODAY TO FILE THEIR POST-HEARING BRIEF ON THIS ONE ISSUE 

AND GIVE THE STATE TWO WEEKS TO RESPOND. 

IS THAT UNFAIR TO ANYONE? DOES ANYONE WANT A TIGHTER 

TIME TABLE? 

MR. BOGER: NO, YOUR HONOR. 

THE COURT: IS THAT FAIR ENOUGH? 

  

  

 



  

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MS. WESTMORELAND: THATS FINE. 

THE COURT? I5 THAT TOO LONG QR LONG ENOUGH? 

MS. WESTMORELAND: THAT'S FINE. YOUR HONOR. 

THE COURT: 

AN IMPORTANT CASE, 

I GET IT. 

All. RIGHT, AND I WILL —-— 1 REALIZE 17S 

S0 I WILL TRY TO GIVE IT SOME URGENCY WHEN 

ANYTHING ELZE AT ALLY 

MR. BOGER: NOTHING, YOUR HONOR. 

MS. WESTMORELAND: NOTHING, YOUR HONOR. 

THE COURT: ALL RIGHT. THANK YOU, WELL BE IN RECESS. 

(WHEREUPON, THE FOREGOING FROCEEDINGS WERE 

ADJOURNED. ) 

  
 



  

  

  

C-E~R-T~I-F-1-C~A~T-E 

UNITED STATES OF AMERICA 

NORTHERN DISTRICT OF GEORGIA 

I. SYDNEY HUSEBY. OFFICIAL COURT REPORTER OF THE UNITED 

. 

FATES DISTRICT COURT FUR THE NORTHERN DISTRICT OF GEORGIA, DO 0)
 

HEREBY CERTIFY THAT THE FOREGOING 121 PAGES CONSTITUTE A TRUE 

TRANSCRIFT OF PROCEEDINGS HAD BEFORE THE SAID COURT HELD IN THE 

CITY OF ATLANTA. GEORGIA, IN THE MATTER THEREIN STATED. 

IN TESTIMONY WHERECGF I HAVE HEREUNTO SET MY 

HAND ON THIS 235TH DAY OF AUGUST. 1987. 

CS SU ——- Do— SNP  —— — A w— 2 oro" — So tht yon. 

SYDNEY HUSERY 
OFFICIAL COURT REPORTER 
NORTHERN DISTRICT OF GEORGIA