Appeals Court Hears Defense Fund Attack Teacher Segregation
Press Release
November 5, 1964
Cite this item
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Case Files, McCleskey Background Materials. Northern District of Georgia - Draft Exhibits for Federal Habeas Corpus Petition, 1978. 6fd8d8b7-62a7-ef11-8a69-6045bdd667da. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/987c8f57-90f6-48d2-ac22-a57d44bce2fe/northern-district-of-georgia-draft-exhibits-for-federal-habeas-corpus-petition. Accessed August 19, 2025.
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Case Files: McCleskey 2): Backoowd: ND 6 : Dat lupibs be fedical habeas C ”
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THE COURT: ALL RIGHT. COME UP TO BE SWORN.
THE CLERK: IF YOU WILL PLEASE RAISE YOUR RIGHT HAND.
DO YOU SOLEMNLY SWEAR THAT THE EVIDENCE YOU SHALL GIVE AT THE
HEARING NOW BEFORE THIS COURT SHALL BE THE TRUTH. THE WHOLE
TRUTH, AND NOTHING BUT THE TRUTH, S0 HELP YOU GOD?
THE WITNESS: I DO.
THE CLERK: IF YOU WILL HAVE A SEAT. PLEASE. SIR. AND
STATE YOUR FULL NAME FOR THE RECORD.
THE WITNESS: ROBERT H. STROUP.
ROBERT H. STROUP,
CALLED AS A WITNESS ON BEHALF OF THE PETITIONER, BEING FIRST
DULY SWORN. TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION
BY MR. BOGER:
| Q. MR. STROUP, ARE YOL! FRESENTLY ONE OF THE COUNSEL FOR
WARREN MCCLESKEY., THE PETITIONER IN THIS MATTER?
| A. I AM.
Q. WHEN DID YOU FIRST BECOME COUNSEL IN THIS CASE?
A. APRIL OF 1930.
Q. UNDER WHAT CIRCUMSTANCES?
A. I WAS CONTACTED BY PATSY MORRIS OF THE ACLU ASKING ME IF
I WOULD AGREE TO REPRESENT WARREN MCCLESKEY ON HIS
POSTCONVICTION PROCEEDINGS.
QR. AT THAT POINT, WHAT WERE THE STAGE —- WHAT WAS THE STAGE
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OF HIS PROCEEDINGS?
| A. THE GEORGIA SUPREME COURT DECISION ON DIRECT APPEAL HAD |
. BEEN ISSUED IN, I BELIEVE, JANUARY OF 1980, AND THERE WAS A
| CERT. PETITION THAT NEEDED TO BE FILED TO THE U.S. SUPREME
| COURT.
| Q, DID YOU PREPARE THAT PETITION?
A. YES, 1. DID.
a. WHAT KINDS OF CLAIMS DID YOU INVESTIGATE AT THAT TIME
| WITH RESPECT TO THE CERTIORARI PETITION?
| A. MY RECOLLECTION IS THAT THE THE CLAIMS WERE BASED ON
| CLAIMS THAT WERE RAISED ON DIRECT APPEAL BY JOHN TURNER.
| o. DO YOU RECALL WHY YOU SO LIMITED YOURSELF?
| A. WELL, IT WAS MY UNDERSTANDING THAT I WAS RESTRICTED TO
| THE ISSUES THAT HAD BEEN RAISED ON DIRECT APPEAL.
| Gi. RESTRICTED IN WHAT FORUM?
| A. IN THE —-- IN THE SUFREME COURT. IN THE UNITED STATES
SUPREME COURT. THAT THE CERT. ISSUES NEEDED TO BE ISSUES THAT
HAD BEEN RAISED ON DIRECT APPEAL TO THE GEORGIA SUPREME COURT.
Ql. DID YOU, IN FACT. ULTIMATELY FILE THAT PETITION?
A. YES, 1 DID.
| Gl. WAS IT GRANTED OR DENIED?
| A. IT WAS DENIED IN OCTOBER QF “BO.
Gl. DID YOU AT SOME POINT THEREAFTER BEGIN TO PREPARE ANY
FURTHER DOCUMENTS OR PLEADINGS FOR MR. MCCLESKEY?
A. RIGHT. ACTUALLY. SOME AMOUNT OF INVESTIGATION HAD GONE
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ON WHILE THE CERT. PETITION WAS PENDING.
QR. TOWARD WHAT END? WHAT --
A. ANTICIPATING A -- A HABEAS CORPUS PROCEEDING IN STATE
. COURT. |
| Q. AND WHAT WAS THE SCOPE OF YOUR INVESTIGATION, GENERALLY
SPEAKING. IN PREPARATION FOR THAT STATE HABEAS CORPUS FILING?
A. WELL, I SPOKE WITH -- JUST GENERALLY SPEAKING WHAT DID I
DO TO GET —- |
a. YES, LET’S TALK GENERALLY AND THEN FOCUS MORE |
SPECIFICALLY ON THE POSSIBLE MASSIAH OR HENRY CLAIMS.
A. WELL, I SPOKE WITH THE CLIENT SEVERAL TIMES. I READ THE
TRANSCRIPT. I AM CERTAIN I READ THE TRANSCRIPT OF THE TRIAL |
PRIOR TO FILING THE —- THE CERT. PETITION IN THE UNITED STATES
SUPREME COURT. I AM CERTAIN THAT I REREAD THAT TRANSCRIPT |
AGAIN AT SOME TIME PRIOR TO THE FILING OF THE STATE HABEAS
PETITION. I SORT OF, AS I READ, I WAS TRYING TO IDENTIFY
ISSUES, BOTH ISSUES THAT HAD BEEN RAISED OR SUGGESTED ON
DIRECTED APPEAL AS WELL AS NEW ISSUES THAT HAD NOT BEEN RAISED
AND ——
@. ULTIMATELY. FOR THE RECORD. HOW MANY ISSUES DID YOu
PRESENT TQ THE STATE HEY HABEAS CORPUS COURT?
A. IN EXCESS OF 20. THE PRECISE NUMBER I CAN‘T SAY. 22
MAYBE. I THINK IT DEPENDS. IN PART, ON HOW YOU COUNT THE
PARAGRAPHS AND WHETHER A PARTICULAR PARAGRAPH COUNTS AS A
SEPARATE ISSUE OR IS ENCOMPASSED IN A PRIOR PARAGRAPH.
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Go. BUT QVER 20. THE DISTRICT COURT HAS NOTED THAT MR.
EVANS, ONE OF THE WITNESSES AT TRIAL AGAINST YOUR CLIENT,
WARREN MCCLESKEY, HAD BEEN A CELLMATE AT SOME POINT PRIOR TO
THE TRIAL AND HAD ULTIMATELY GIVEN TESTIMONY AGAINST MR.
MCCLESKEY. AT ANY POINT DID IT OCCUR TO YOU THAT THERE MIGHT
BE A SO-CALLED MASSIAH OR HENRY CLAIM TO BE RAISED?
A. YES, IT DID, AND IT OCCURRED DURING THIS INVESTIGATION
FOR THE STATE HABEAS HEARING. IT WAS SUGGESTED TO ME JUST ON
THE SORT OF THE BEAR FACTS THAT WE HAD, WHICH WERE NOT MANY.
THAT 1S. THAT HE WAS —— THAT EVANS WAS ASSIGNED TO THE CELL
IMMEDIATELY ADJACENT TO WARREN MCCLESKEY. I WONDERED ABOUT THE
CIRCUMSTANCES OF THAT. PARTICULARLY AS IT RELATED --
PARTICULARLY BECAUSE MCCLESKEY WAS IN SOLITARY.
Re. LET ME ASK YOU, MR. STROUP, DID YOU TAKE YOUR SUSPICION
A STEP FURTHER AND CONTACT ANYONE TO FIND OUT INFORMATION ABOUT
A POSSIBLE RELATIONSHIP?
A. YES, I —— I INTERVIEWED A NUMBER OF -— I SPOKE WITH A
COUPLE OF ATLANTA BUREAU OF POLICE SERVICES OFFICERS. THE
PEOPLE WHO I KNEW JUST FROM MY PRIOR LITIGATION. THE ATLANTA
BUREAU OF POLICE SERVICES. FOR THE PURPOSE OF GETTING
BACKGROUND INFORMATION ON HOW I MIGHT GO ABOUT REASONABLY
DEVELOPING FACTUAL EVIDENCE IN SUPPORT OF A CLAIM.
QR. LET ME JUST MAKE THE RECORD CLEAR. YOU MENTIONED PRIOR
LITIGATION WITH THE ATLANTA BUREAU OF POLICE SERVICES. THAT
WAS UNRELATED TO THIS CASE?
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A. YES. I HAD BEEN FOR A NUMBER OF YEARS COUNSEL IN A
TITLE SEVEN PROCEEDING THAT INVOLVED THE ATLANTA BUREAU OF
POLICE SERVICES.
Q. ALL RIGHT. DID YOU AT ANY POINT SPEAK WITH ANY
PARTICULAR OFFICERS OF THE ATLANTA BUREAU OF POLICE SERVICES
ABOUT THE RELATIONSHIP BETWEEN OFFIE EVANS AND THEIR |
DEPARTMENT?
A. I THINK MY CONVERSATIONS WITH THE ATLANTA BUREAU OF
POLICE SERVICES PERSONNEL WAS. BASICALLY, ALONG THE LINES OF tn
MY RECOLLECTION AT THIS POINT IS THAT MY CONVERSATIONS WERE
ALONG THE LINES OF, IF EVANS IS AN INFORMER, HOW WOULD I —- |
WELL. NO. FIRST OF ALL. GIVEN THE PRACTICES OF THE BUREAU. IS
|
THERE REASON TO THINK THAT EVANS COULD BE A —- AN INFORMER
PLANTED THERE IN THE CELL. AND IF S0, HOW WOULD I GO ABOUT
DEVELOPING FACTUAL SUPPORT FOR THAT.
a. AND DID YOU RECEIVE ANY ANSWERS TO THOSE QUESTIONS?
A. RIGHT, I -— I, IN FACT, WAS TOLD THAT -- THAT IT WOULD
NOT BE SURPRISING FOR THAT TO HAVE OCCURRED. AND THE SUGGEST ION
WAS I NEEDED TO SPEAK WITH A NUMBER OF PEOPLE AT THE —— WHO |
WERE DEPUTIES AT THE FULTON COUNTY JAIL REGARDING WHAT
INFORMATION THEY WOULD HAVE.
Q. NOW. THESE ARE DEPUTY SHERIFFS SERVING UNDER THE SHERIFF
WHO ARE AT THE JAIL?
A. THAT WAS MY UNDERSTANDING.
Q. DID YOU SPEAK WITH SUCH JAILERS?
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A. I KNOW THAT I SPOKE WITH TWO PEOPLE WHO WERE
- SPECIFICALLY IDENTIFIED TO ME AS PEOPLE WHO MIGHT HAVE
INFORMATION, AND I HAD A THIRD NAME. I AM UNABLE TO STATE AT
| THIS POINT WHETHER I EVER WAS ABLE TO MAKE CONTACT WITH HIM.
KNOW I MADE EFFORTS TO CONTACT HIM BUT WHETHER ~- I CAN‘T SAY
AT THIS TIME WHETHER I ACTUALLY SPOKE WITH HIM OR NOT.
Cl. SO YOU SPOKE WITH AT LEAST TWO. DID EITHER ONE OF YOU
GET -— DID EITHER ONE OF THEM GIVE YOU INFORMATION RESPECTING
MR. EVANS” STATUS AS AN INFORMANT?
A. NO, THEY —— NONE OF THEM HAD ANY INFORMATION.
BASICALLY, THEY HAD NO RECOLLECTION OF THE CIRCUMSTANCES
REGARDING HOW EVANS CAME TO BE ASSIGNED TO THE JAIL CELL THAT
HE WAS ASSIGNED TO OR OF ANY CONVERSATIONS WITH THE ATLANTA
BUREAU OF POLICE SERVICES DETECTIVES REGARDING OFFIE EVANS”
ASSIGNMENT TO THAT JAIL CELL.
AT SOME POINT A DEPOSITION OF RUSSELL PARKER, THE ASSISTANT
DISTRICT ATTORNEY IN THIS CASE. WAS TAKEN. DID YOU TAKE THAT
DEPOSITION?
A. YES. I DID.
Q. DO YOu RECALL WHEN IT WAS?
A. IT WAS —-— MY RECOLLECTION IS THAT IT WAS MID FEBRUARY oF
“81. IT WAS AFTER THE HEARING THAT WE HAD IN BUTTS SUPERIOR
COURT ON THE FIRST STATE HABEAS HEARING, WHICH I RECALL WAS
LATE JANUARY. MAYBE JANUARY 30TH.
| Q. NOW. THERES BEEN SOME REPRESENTATIONS THIS MORNING THAT
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Gl. WAS THE RECORD -- FORGIVE ME. WAS THE RECORD STILL OPEN
FOR INCLUSION OF THIS DEPOSITION IN THE STATE HABEAS
PROCEEDING?
A. YES. YES.
®. DURING --~
A. MR. PARKER WAS NOT AVAILABLE TO COME TO THE HEARING
ITSELF, AND THE RECORD HAD BEEN HELD OPEN FOR HIS DEPOSITION.
i. DURING THAT DEPOSITION. DID YOU QUESTION MR. PARKER
ABOUT WHETHER THERE HAD BEEN AN INFORMANT RELATIONSHIP BETWEEN
MR. EVANS AND THE ATLANTA BUREAU OF POLICE SERVICES OR THE
PROSECUTORS OFFICE?
A. YES, 1 DID.
Q. DO YOU RECALL HIS ANSWERS?
A. I —— I ASKED I DON‘T RECALL THE SPECIFIC QUESTION. BUT
THERE IS A QUESTION IN THERE ABOUT POLICE INFORMER.
Q. IF YOU DON’T RECALL. LET ME ASK YOU, IF I MIGHT, IF I
CAN APPROACH THE BENCH, IF I CAN SHOW COUNSEL, MY WITNESS, A
COPY OF THE DOCUMENT. CAN YOU IDENTIFY THAT DOCUMENT?
A. YES, IT’S A COPY OF THE DEPOSITION OF RUSSELL PARKER
THAT WAS TAKEN AS PART OF THE PROCEEDINGS FOR THE FIRST STATE
HABEAS.
Q. DOES THAT REFRESH YOUR RECOLLECTION ABOUT WHEN IT WAS
TAKEN?
A. RIGHT, IT SAYS FEBRUARY 14TH.
(08 19817 LET ME DIRECT YOUR ATTENTION TO THE BOTTOM OF
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| PAGE 14 OF THAT DEPOSITION.
CA. YES, 1 ASKED ——
- NO, WHO IS QUESTIONING AT THIS POINT?
LA. THE -= ITS -- ACTUALLY. IT SEEMS TO BE EXAMINATION BY
NICK DUMICH.
XR. AND WHO IS NICK DUMICH?
A. HES THE ASSISTANT ATTORNEY GENERAL WHO WAS REPRESENTING
THE STATE IN THIS PROCEEDING.
Gl. DO YOU RECALL THE QUESTION AND THE ANSWER NOW THAT YOU
| HAVE REVIEWED THESE DOCUMENTS?
| A. WELL. IT INDICATES THAT NICK ASKED RUSS PARKER, DO YOU
HAVE ANY KNOWLEDGE THAT MR. EVANS WAS WORKING AS AN INFORMANT
FOR THE ATLANTA POLICE OR ANY POLICE AUTHORITIES WHEN HE WAS
PLACED IN THE FULTON COUNTY JAIL AND WHEN HE OVERHEARD THESE
CONVERSATIONS OF MR. MCCLESKEY?
Gl. AND WHAT WAS THE --
A. AND THE ANSWER WAS, I DON'T KNOW OF ANY INSTANCE THAT
OFFIE EVANS HAD WORKED FOR THE ATLANTA POLICE DEPARTMENT AS AN
INFORMANT PRIOR TO HIS OQVERHEARING CONVERSATIONS AT THE FULTON
- COUNTY JAIL.
| o. DID YOU HAVE ANY REASON TO DOUBT MR. PARKERS TESTIMONY
AT THAT POINT?
A. NO.
| (2. YOU INDICATED THAT YOU HAD -- YOU WERE SUSPICIOUS AND
YOU MADE SOME FPREHEARING ATTEMPTS TO DEVELOP EVIDENCE. AT ANY
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| POINT, DID YOU FILE A CLAIM BASED ON MASSIAH?
A. RIGHT. WELL -- YEAH, I WISH I HAD LOOKED AT THE
PLEADINGS MORE RECENTLY, BUT MY RECOLLECTION IS THAT I AMENDED
THE STATE HABEAS PETITION TO SPECIFICALLY INCLUDE A PARAGRAPH
WHERE I VIEWED MYSELF AS RAISING A HENRY CLAIM, A U.S. VERSUS
HENRY CLAIM, QUITE SPECIFICALLY.
Ge. AT THAT POINT, DID YOU HAVE SUBSTANTIVE EVIDENCE
ACQUIRED FROM YOUR SUSPICIONS TO SUPPORT IT?
A. RIGHT. AT THE TIME ALL I HAD WAS THE ~-- THE BARE BONES
KIND OF EVIDENCE THAT 1 HAD. MY RECOLLECTION IS 1 -- 1 FILED
THE PETITION AND THEN REALIZED THAT I STILL MIGHT VERY WELL BE
ABLE TO DEVELOP SOMETHING IN SUPPORT OF IT AND THAT I SHOULD
INCLUDE IT AND, THEREFORE, AMEND IT TO ADD THAT PARAGRAPH.
@. DURING —-- DURING THE STATE HABEAS PROCEEDING. DID YOU
MAKE ANY INQUIRIES WITH RESPECT TO OFFIE EVANS ON THIS ISSUE?
A. I DID TRY TO DEVELOP ON MY EXAMINATION WITH OFFIE EVANS
THE -- THE MATTER OF THE CIRCUMSTANCES FOR HIS BEING PLACED IN
SOLITARY CONFINEMENT AND SPECIFIC RUESTIONS ABOUT WHO THE
ARRESTING OFFICER, WHO HIS ARRESTING OFFICER WAS, IN AN EFFORT |
TO THEN FURTHER DEVELOP THE CIRCUMSTANCES SURROUNDING HIS
ARREST AND PLACEMENT IN SOLITARY.
:. WERE THOSE EFFORTS SUCCESSFUL? DID ANY EVIDENCE COME
QuT?
A. NCQ, HE HAD NO RECOLLECTION OF WHO THE ARRESTING OFFICER
WAS, AND HE HAD NO NOTION AS TO THE REASONS FOR HIS BEING
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| PLACED IN SOLITARY CONFINEMENT. AT LEAST THAT’S WHAT HIS
| TESTIMONY WAS.
| THE COURT: WAS THIS ON DEPOSITION OR AT THE HEARING?
THE WITNESS: NO, NO, THAT IS AT THE STATE HABEAS
| HEARING.
| BY MR. BOGER?
a. HAD YOU MADE ATTEMPTS PRIOR TO THE STATE HEARING TO
| SPEAK TO MR. EVANS?
| A. ACTUALLY. YES. I HAD. MR. EVANS, WE HAD —-- I HAD
SUBSTANTIAL PROBLEMS IDENTIFYING —- LOCATING OFFIE EVANS PRIOR
TO THE STATE HABEAS HEARING, AND I SPENT MUCH MORE TIME THAN I
WOULD HAVE LIKED IN THE —- IN THAT TIME PERIOD. THAT MONTH OR
MONTH AND A HALF TIME PERIOD PRIOR TO TRIAL, TRYING TO LOCATE
| HIM. IT TURNED OUT, ACTUALLY, THAT HE WAS IN THE -— IN
JACKSON, AND ——
(2. BY THAT YOU MEAN THE GEORGIA DIAGNOSTIC CENTER?
A. RIGHT.
Re. LET ME w= {ET ME ~-
A. BUT ON SOME PECULIAR CIRCUMSTANCE SUCH THAT HE WASN’T
SHOWING UP ON THE STATE SYSTEM. AND WHEN WE —— OR WHEN WE ——
WHEN WE MADE INQUIRY -- AND I“M SORRY, I REALLY HAVE FORGOTTEN
THE DETAILS, BUT EVEN THOUGH WE WERE MAKING INQUIRIES. WE
WERENT ASKING THE RIGHT QUESTION OR SOMEHOW AT ANY RATE WE
KEPT ~— YOU KNOW, WE ~— THEY.
BJ YOUR EFFORTS WERE UNSUCCESSFUL?
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A. RIGHT.
| QA. LET ME JUST SUMMARIZE YOUR TESTIMONY AND ASK YOU ONE -— |
| A. NG, NO, I SHOULD SAY ~-— NO, NO, I DID THEN LOCATE HIM |
LIKE VERY CLOSE TO THE DATE OF THE HEARING, SIX. SEVEN DAYS, 1
DON‘T KNOW, PRIOR TO THE HEARING, ACTUALLY LONG ENOUGH IN
| ADVANCE THAT WE WERE ABLE TO GET A WRIT ISSUED BY THE BUTTS
| SUPERIOR COURT FOR HIM TO BE BROUGHT TO THE STATE HABEAS
| HEARING BUT NOT -—-— JUST -- THERE REALLY WASN‘T ENOUGH TIME,
| GIVEN THE PRESS OF MY -— THE ORDERING OF MY PRIORITIES TO GET
| IN AND INTERVIEW HIM PRIOR TO THE HEARING.
| Gl. SO YOU ATTEMPTED DURING THE HEARING TO SPEAK TQ HIM.
| YOU INDICATED THAT IN A DEPOSITION MR. PARKER HAD INDICATED HE
KNEW OF NO SUCH RELATIONSHIP. YOU HAD SPOKEN WITH ATLANTA
FOLICE BUREAU OFFICIALS WHO POINTED YOU TOWARD FULTON COUNTY.
MS. WESTMORELAND: YOUR HONOR, I“LL OBJECT TO MR. BOGER
SUMMARIZING THE TESTIMONY OF COUNSEL. HIS OWN WITNESS CAN
TESTIFY FOR HIMSELF.
THE COURT: SUSTAIN THE OBJECTION.
BY MR. BOGER?
Go. MR. -—- MR. STROUP LET ME ASK YOU ONE ADDITIONAL GUEST ION
ON THIS LINE. DURING THE HEARING, DID YOU ATTEMPT ANY OTHER
EFFORTS TO SUBSTANTIATE EVEN INFERENTIALLY AN INFORMANT
RELATIONSHIP BETWEEN MR. EVANS AND THE STATE?
A. WELL, 1 —— EXCUSE ME, 1 THOUGHT IN -- AND THE
DEFOSITION RECORD WILL REALLY SPEAK FOR ITSELF. ID HAVE TO
a
- DIRECTLY AS OPPOSED TO NICK DUMICH’S QUESTIONS ALONG THE LINES
| OF WHAT HIS —- HIS OWN RELATIONSHIP WAS WITH OFFIE EVANS PRIOR
TO JULY OF 1978.
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LOOK AT IT. I THOUGHT I HAD SOME EXAMINATION OF RUSSELL PARKER
MR. BOGER: YOUR HONOR. WE CAN DO THIS ONE OF TWO WAYS.
I CAN EITHER REFRESH HIS RECOLLECTION THROUGH VARIOUS PAGES. OR
WE CAN SUBMIT THE DOCUMENT. WHICH THE STATE IS WELL AWARE OF
AND HAS MADE REFERENCE TO. IT APPEARS TO ME IT MIGHT SPEED THINGS IF WE SIMPLY SUBMIT THE DOCUMENT BECAUSE I THINK WHAT IT
- WILL REFLECT IS SOME QUESTIONS OF THAT SORT, BUT ID OFFER IT |
INTO EVIDENCE.
THE COURT: I THINK WE NEED IT IN THE RECORD BUT WHILE
YOUVE GOT HIM ON THE STAND. MS. WESTMORELAND?
MS. WESTMORELAND: YOUR HONOR, I WAS JUST GOING TO
| COMMENT, AS WE NOTED PREVIOUSLY, I BELIEVE THIS WAS SUBMITTED
| AS RESPONDENT’S EXHIBIT NUMBER SIX IN THE FIRST FEDERAL HABEAS
PROCEEDING. IF IT WOULD SIMPLIFY THINGS TO HAVE AN ADDITIONAL
COPY PRESENTED IN THE RECORD OF THIS CASE. WE HAVE ABSOLUTELY
NO OBJECTION AND CERTAINLY AGREE TO HAVING THAT SUBMITTED. |
THE COURT: WELL. AT SOME POINT PUT IT IN AS YOUR 3, BUT
RIGHT NOW WHILE YQU/VE GOT HIM SO HE CAN TALK ABOUT WHAT HE |
SEES, REFRESH HIS RECOLLECTION AND ASK HIM TO --
BY MR. BOGER:
Cle LET ME DIRECT YOUR ATTENTION TO PAGES NINE AND FOLLOWING
OF THE DEPOSITION. MR. STROUF. IF YOU COULD REVIEW THOSE PAGES
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AND THEN HAVING REVIEWED THEM USE YOUR RECOLLECTION TO TESTIFY |
FURTHER. ACTUALLY. PERHAPS I MISDIRECTED YOU. IF YOU COULD
BEGIN AT PAGE EIGHT.
A. WELL, YES, IN RESPONSE TO YOUR QUESTION. I DID ASK |
RUSSELL PARKER DURING HIS DEPOSITION SPECIFICALLY AS TO HIS oun
INVOLVEMENT WITH OFFIE EVANS, WHETHER HE HAD ANY PRIOR DEAL INGS
WITH EVANS PRIOR TO HIS -- WHAT I MEANT WAS EVANS“ BECOMING
INVOLVED IN THE FRANK SCHLATT CASE. AND HE INDICATED THAT. NO,
HE DIDN‘T KNOW EVANS PRIOR TO THAT TIME. AND THERE WAS ALSC
SOME EXAMINATION REGARDING WHAT. IF ANYTHING: PARKER KNEW
REGARDING ATLANTA POLICE DETECTIVES AND THEIR CONTACTS WITH
OFFIE EVANS.
GQ. LET ME -— LET ME ASK YOU FURTHER NOW. DURING THE STATE
HABEAS PROCEEDING ITSELF. DID YOU QUESTION MR. EVANS ABOUT ANY
OTHER RELATIONSHIPS HE MAY HAVE ENTERED INTO WITH RESPECT TO
THE STATE?
A. YES. ACTUALLY, THE OTHER PIECE OF INFORMATION THAT WE
HAD ON AN INFORMER KIND OF RELATIONSHIP INVOLVING OFFIE EVANS
WAS A SITUATION THAT QCCURRED AFTER MCCLESKEY”S TRIAL. IN WHICH
EVANS APPEARED AT A TRIAL IN FULTON COUNTY WITH RUSS PARKER AS |
THE DISTRICT ATTORNEY. |
(BN THATS THE SAME RUSSELL PARKER AS THE DISTRICT ATTORNEY |
IN MR. MCCLESKEY’S CASE?
A. RIGHT, IN WHICH OFFIE EVANS‘ TESTIMONY BASICALLY WAS
THAT WHILE IN FULTON COUNTY JAIL HE RECEIVED A JAILHOUSE
| CONFESSION FROM THE DEFENDANT.
|]. BY THE DEFENDANT. YOU MEAN THE DEFENDANT IN THE OTHER
CASE? |
A. THE DEFENDANT IN THAT CASE. |
q. WHAT DID YOU PROFFER THAT FOR?
A. WELL, WE —— THATS THE ONLY OTHER BIT OF INFORMATION
THAT WE“VE BEEN ABLE TO DEVELOP, AND WE DID OFFER THAT EVIDENCE
AT THE STATE HABEAS HEARING FOR WHATEVER INFERENTIAL VALUE IT |
HAD OF —-- AS TO EVANS” RELATIONSHIP. RECOGNIZING THAT IT WAS A
RELATIONSHIP AFTER THE MCCLESKEY TRIAL, BUT. NONETHELESS. IT
| WAS WHAT WE HAD OF A CONCRETE NATURE AND WE DID PRESENT THAT
EVIDENCE THROUGH CROSS-EXAMINATION OF OFFIE EVANS AT THE STATE
HABEAS HEARING.
Q. DID THE STATE -- THE STATE HABEAS COURT ADMIT THAT
EVIDENCE?
A. I DONT RECALL AT THIS POINT.
Gla LET ME, IF I MIGHT. APPROACH THE WITNESS. GIVE YOU A
DOCUMENT. AND SEE IF IT WILL HELP YOU REFRESH YOUR
RECOLLECTION.
MS. WESTMORELAND: ONCE AGAIN FOR THE COURTS REFERENCE.
I BELIEVE THE STATE HABEAS TRANSCRIPT IS IN THE FIRST FEDERAL
FROCEEDINGS AS RESPONDENTS EXHIBIT NO. 5.
THE COURT: ALL RIGHT.
BY MR. BOGER?
ol. DO YOU RECOGNIZE THIS DOCUMENT. MR. STROUP?
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A. YES. THIS IS A COPY OF THE TRANSCRIPT FROM THE STATE
HABEAS, THE FIRST STATE HABEAS PROCEEDING IN WARREN MCCLESKEY’S
BEGIN TO EXAMINE OFFIE EVANS. I ASKED HIM, "OTHER THAN THE
MCCLESKEY TRIAL. HAVE YOU EVER YOURSELF TESTIFIED THAT SOMEONE
HAD CONFESSED TO MURDER TO YOU?" AND IT WAS MY EFFORT THEN TO
GO IN AND DEVELOP THAT.
Gl. WAS THERE ANY IMPEDIMENT TO THAT EFFORT?
A. THERE WAS AN OBJECTION RAISED.
2. BY WHOM? |
A. THE STATE. |
Q. ON GROUNDS OF WHAT?
A. ON THE GROUNDS OF RELEVANCY, AND I INDICATED THAT WED
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RAISED THE SIXTH AMENDMENT CLAIM BASED ON THE RECENT SUPREME |
COURT CASE. UNITED STATES VERSUS -- THE COURT REPORTER |
IDENTIFIES IT AS UNITED STATES VERSUS TANNER. WHICH MAY BE MY 430
HER READING OF MY ACCENT. I SUPPOSE, RELATING TO THE USE OF |
INFORMERS AND A PAID INFORMER, AND I WENT ON TO SAY THAT THE |
LINE OF QUESTIONING IS SIMPLY TO DEVELOP A PATTERN IN THIS case
THAT AMOUNTS TO A PAID INFORMER BEING ASSIGNED TO THE FULTON |
COUNTY JAIL IN A SITUATION WHERE HE CAN, IN ONE FASHION OR
ANOTHER. ELICIT INCRIMINATING EVIDENCE FROM PERSONS WITHIN THE |
CUSTODY OF THE FULTON OFFICIALS. |
AND MR. DUMICH INDICATED THAT THERE WAS NO TESTIMONY
THAT HE WAS A PAID INFORMER AT ALL. I AGAIN ARGUED THAT WE |
| WERE TRYING TO SHOW A PATTERN. THERES A FURTHER OBJECTION ON
| RELEVANCY BY NICK DUMICH, AND THEN THE COURT INQUIRED AS TO
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WHETHER HE HAD EVER TESTIFIED IN A CASE BEFORE YOU TESTIFIED IN
MCCLESKEY“S CASE ABOUT SOMETHING SOMEBODY HAD TOLD YOU IN
PRISON AND -—
2. BY "HE" YOU MEAN EVANS AT THIS POINT?
A. RIGHT. AND OFFIE EVANS INDICATED, "NO." AND, ACTUALLY.
THEN THERE IS FURTHER -- A FURTHER EXCHANGE BETWEEN THE COURT
AND MYSELF, AND THEN AT 126 I DO RESUME QUESTIONING REGARDING
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HIS SUBSEQUENT TESTIMONY AT THE TRIAL OF ANOTHER DEFENDANT WITH
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RUSS PARKER AS THE DISTRICT ATTORNEY HANDLING THE CASE. |
THE COURT: S0 YOU WERE ALLOWED TO INQUIRE?
BY MR. BOGER: |
a. APART FROM THAT SUBSTANTIVE ACTIVE EVIDENCE —- |
THE COURT: THAT’S A QUESTION. YOU WERE THEN ALLOWED TQ
THE WITNESS: YES, IT APPEARS THAT I WAS. |
THE COURT: ALL RIGHT.
BY MR. BOGER: |
(FS APART FROM THAT SUBSTANTIVE EVIDENCE OF SUBSEQUENT
TESTIMONY BY MR. EVANS, WERE YOU ABLE TO DEVELOP ANY OTHER |
EVIDENCE IN SUPPORT OF A HENRY, MASSIAH CLAIM? |
A. NONE THAT I CAN RECALL.
XR. WERE YOU AWARE OF ANY WRITTEN STATEMENT BY —-
THE COURT: LET ME STOP YOU THERE.
Gl. - OFFIE EVANS?
44
THE COURT: LETS TAKE A MORNING RECESS NOW, BE IN
RECESS ABOUT 15 MINUTES.
(WHEREUPON, A BRIEF RECESS WAS HAD.)
THE COURT: DURING THE RECESS, I FLIPPED THROUGH THE
FEDERAL —— MY DECISION IN THE 1ST HABEAS, AND I DON’T SEE A
MASSIAH ISSUE RAISED.
MR. BOGER: I WAS GOING TO ~~
THE COURT: DOES THE PETITIONER CONTEND THAT IT WAS
RAISED?
MR. BOGER: NO, YOUR HONOR. I WAS GOING TO GET TO THAT
NEXT.
THE COURT: OKAY.
Q. MR. STROUP LET ME PURSUE THAT LINE OF QUESTIONING NOW.
YOU INDICATED THAT YOU HAD FILED AN AMENDMENT TQ THE STATE
HABEAS PETITION RAISING A MASSIAH HENRY TYPE OF CLAIM. DID vou
ADVANCE THAT CLAIM SUBSEQUENT TO THE FEDERAL OR TO THE STATE
HABEAS CORPUS HEARING?
A. THE CLAIM WAS NOT CARRIED OVER INTO THE FEDERAL HABEAS
PETITION.
. WHY NOT?
A. I THINK THAT I LOOKED AT WHAT WE HAD BEEN ABLE TO
DEVELOP IN SUPPORT OF THE CLAIM FACTUALLY IN THE STATE HABEAS
PROCEEDING AND MADE THE JUDGMENT THAT WE DIDNT HAVE THE FACTS |
TO SUPPORT THE CLAIM AND, THEREFORE. DID NOT BRING IT INTO
pt
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FEDERAL COURT.
| VERSUS UNITED STATES CLAIM?
WE DID THINK THAT WE HAD A VERY GOOD CLAIM INVOLVING
OFFIE EVANS.
THE COURT: GIGLIO CLAIM?
THE WITNESS:
MR. STROUP, LET ME ASK YOU A FEW ADDITIONAL
AT THE TIME OF THE STATE HABEAS CORPUS PROCEEDING,
OFFIE EVANS?
HEARING OF ANY SUCH STATEMENT?
HAD PICKED UP. I WAS TAKING THE ELEVATOR DOWN,
UP AND SAW THAT 21 PAGE STATEMENT FROM OFFIE EVANS.
ONE FINAL QUESTION,
43
DID YOU CARRY DOVER ANY RELATED CLAIMS SUCH AS THE GIGLIO
|
|
|
RUESTIONS.
DID YOU HAVE
ANY KNOWLEDGE OF ANY WRITTEN STATEMENT THAT HAD BEEN MADE BY
DID YOU HAVE ANY KNOWLEDGE AT THE TIME OF THE FEDERAL
WHEN WAS THE FIRST TIME THAT YOU ARE AWARE THAT THERE
WAS A WRITTEN STATEMENT BY OFFIE EVANS GIVEN TQ THE POLICE?
THE FIRST TIME I KNEW ABOUT IT WAS ABOUT 4:30 IN THE
AFTERNOON ON JULY 10TH —— JUNE 10TH OF 1987, AND I OPENED UP AN
ENVELOPE THAT I HAD PICKED UP FROM THE CITY ATTORNEY’S OFFICE
AS I WAS GOING DOWN THE ELEVATOR TG SORT OF READ WHAT IT WAS I
ANDI I OPENED IT
AT THE TIME OF THE STATE HABEAS
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CORPUS HEARING, WHO WAS ACTIVELY INVOLVED IN THE INVESTIGATION
AND THE PRESENTATION OF EVIDENCE AT THE HEARING AND AT THE
DEPOSITION IN CONCERT WITH YOU?
A. AT THE STATE -— AT THE STATE HABEAS HEARING?
A. THATS CORRECT.
A. EXCUSE ME. BASICALLY. I DID THE -- I HAD THE MAJOR |
RESPONSIBILITY OF -- FOR THE FIRST STATE HABEAS HEARING ON
WARREN MCCLESKEY’S BEHALF. I DRAFTED THE PETITION. I OR
PEOPLE IN MY OFFICE DID THE INVESTIGATION. YOU! AND, EXCUSE ME,
OTHER LAWYERS FROM THE FUND WERE ON THE PLEADINGS BUT I DID —-
=
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I KNOW I SENT YOU COPIES OF THE PLEADINGS OF —-- I“M NOT CERTAI
AT THIS POINT THAT YOU HAD INVOLVEMENT THROUGH THE FIRST STATE
HABEAS HEARING BEYOND YOUR RECEIPT OF THE PLEADINGS. I MAY
HAVE ON OCCASION CALLED YOU WITH A QUESTION, JUST GENERALLY AS
TO A LEGAL ISSUE. I DON’T HAVE ANY RECOLLECTION OF THAT. ANY |
SPECIFIC RECOLLECTION EVEN OF THAT DURING THE FIRST HABEAS. BUT
I WOULD NOT BE SURPRISED THAT I WOULD HAVE DONE THAT BUT
BASICALLY —— I MEAN, I WAS THE ONLY ONE -- I WAS THE ONE WHO
CONDUCTED THE HEARING ON BEHALF OF MCCLESKEY, I WAS THE ONE IN
CHARGE OF THE INVESTIGATION, THE INTERVIEWING OF WITNESSES. THE
PREPARATION OF DOCUMENTS BOTH AT THE BUTTS SUPERIOR COURT LEVEL
AS WELL AS THE GEORGIA SUPREME COURT LEVEL.
MR. BOGER: YOUR HONOR. AT THIS TIME 1 DON’T HAVE ANY
ADDITIONAL QUESTIONS OF MR. STROUP. ID LIKE TO OFFER INTO
EVIDENCE -- THE STATE HAS INDICATED IT“S BEEN IN PREVIQUS
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. SUBMISSIONS IN THE FIRST HABEAS, BUT FOR THE CONVENIENCE OF THE
| COURT —--— THE DEPOSITION OF RUSSELL PARKER THAT’S BEEN REFERRED
TO. THAT WOULD BE PETITIONERS 3, I BELIEVE.
47
THE COURT: IT WILL BE ADMITTED.
MR. BOGER: THANK YOU.
THE COURT: ANYTHING FURTHER OF THIS WITNESS? MR. BOGER: NO, YOUR HONOR.
THE COURT: YOU MAY CROSS.
BY MS. WESTMORELAND:
Gl. MR. STROUF, I BELIEVE YOUR TESTIMONY WAS THAT YOU TALKED
TO SOME -~- SOME MEMBERS OF THE ATLANTA BUREAU OF POLICE
SERVICES PRIOR TO THE FIRST STATE HABEAS CORPUS PROCEEDING; IS
THAT CORRECT?
A. YES.
(. AND YOU DO NOT RECALL WHO THOSE INDIVIDUALS WERE AT THIS
TIMES IS THAT ALSO CORRECT? |
A. NO, NO 1 -- 1 CAN TELL YOU OF TWO SPECIFIC PERSONS WHO |
I SPOKE WITH, WHETHER —-—
Xe WHO DID --
A. WHETHER THAT’S THE THE COMPLETE LIST OR NOT, I CAN‘T
TELL yOu,
2. WHO DID YOU SPEAK WITH?
A. ONE OF THE PEOPLE I SPOKE WITH WAS —- HE“S NOW CAPTAIN
EULIS MOORE. HE AT THE TIME MAY HAVE BEEN A SERGEANT. I“M NOT
SURE OF THE TIMING ON HIS PROMOTION TQ CAPTAIN. AND THE OTHER
ATLANTA POLICE OFFICER WHO I KNOW SPECIFICALLY I SPOKE WITH WAS
DETECTIVE GRESHAM.
3 Q. DID YOU AT ANY TIME TALK WITH DETECTIVE HARRIS PRIOR TO
4 THE FIRST STATE HABEAS PROCEEDING?
3 A. NQ. |
& Q. DID YOU TALK TO DETECTIVE DORSEY AT ANY TIME PRIOR TO |
7 THE FIRST STATE HABEAS PROCEEDING?
8 A. NO.
@ XR. WHAT ABOUT INVESTIGATOR. I BELIEVE HE WAS, ESKEW? |
10 A. NO, I DID NOT. |
11 ol. DID YOU EVER TALK TO DEPUTY HAMILTON?
12 A. I DONT BELIEVE SO. I DON’T -- I TALKED WITH SOME
13 PEOPLE ALSO AT FULTON COUNTY JAIL. I DON’T HAVE A SPECIFIC
14 | RECOLLECTION OF HAMILTON. IT IS POSSIBLE THAT I SPOKE WITH
15 | HAMILTON. |
“ lao, DID YOU TALK WITH ANYONE THEN WHO WAS ACTUALLY INVOLVED
17 | IN -- DIRECTLY INVOLVED WITH OFFIE EVANS, ELICITING HIS —- |
18 | A. YES. THAT WAS MY UNDERSTANDING, THAT I WAS SPEAKING TO |
19 | PEOPLE AT FULTON COUNTY JAIL WHO WERE DIRECTLY INVOLVED WITH
20 | OFFIE GENE EVANS. THE —- I KNOW ——- I KNOW OF TWO PEOPLE WHO 1
21 SPECIFICALLY SPOKE WITH AND A THIRD PERSON WHO —— WHO WAS |
22 | REPRESENTED TO ME AS POSSIBLY HAVING SOME INFORMATION. THE |
23 PEOPLE WHO I SPOKE WITH, THERE WAS A GENTLEMAN NAMED ROBBY 24 EDWARDS WHO BY THAT TIME HAD LEFT THE FULTON COUNTY SHERIFF’S
23 | DEPARTMENT. IF IVE GOT THE DEPARTMENT RIGHT. I UNDERSTOOD HE
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WAS AT THE JAIL AND THAT HE HAD INFORMATION OR WAS IN A
POSITION TO HAVE INFORMATION RELATED TO THE QUESTIONS I WAS ASKING, THE UNDERLYING CIRCUMSTANCES OF EVANS” ASSIGNMENT TO
SOLITARY. HE HAD BY THAT TIME MOVED TO HELEN. GEORGIA OR
THEREABOUTS. I =~ AND I THINK IT WAS —— HE WAS —-- IT WAS
REPRESENTED TO ME THAT HE WAS IN REAL ESTATE.
AND I WAS ABLE TO FIND HIM THROUGH A REALTOR WHO I KNOW |
UP IN THAT AREA, AND I SPOKE WITH HIM, AND HE TOLD ME HE HAD
SIMPLY NO RECOLLECTION WHATSOEVER OF ANY OF THE CIRCUMSTANCES. |
Q. ONCE OFFIE EVANS MENTIONED SPECIFICALLY THE NAME OF
DORSEY. DETECTIVE DORSEY, IN HIS TESTIMONY AT THE STATE HABEAS
CORPUS PROCEEDING. DID YOU TALK TO DETECTIVE DORSEY TO
ASCERTAIN IF HE HAD ANY INFORMATION THAT MIGHT BE USEFUL?
A. NO, I DID NOT.
(i. AND. I BELIEVE. DURING THE DEPOSITION OF MR. PARKER. HE
MENTIONED THE NAMES OF DETECTIVE JOWERS AND DETECTIVE HARRIS.
DID YOU TALK TO THEM AFTER THAT DEPOSITION TO ASCERTAIN IF THEY
HAD ANY INFORMATION?
A. AT THAT -- NO, I DID NOT. AT THAT POINT IN TIME IN THE
PROCEDURE, YOU KNOW, THE —— MY UNDERSTANDING WAS THE RECORD WAS
CLOSED. I MEAN, WE -— WE HAD CONCLUDED THE EVIDENCE IN THE
STATE HABEAS HEARING. IT WAS LEFT OPEN SPECIFICALLY FOR PARKER
AND KELLY FIGHTS DEPOSITIONS. AND WE WERE ON A BRIEFING
SCHEDULE.
Qe. YOU DID NOT MAKE ANY ATTEMPT. THOUGH. TQ CONTACT
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WITNESSES WHOSE NAMES HAD BEEN MENTIONED BOTH BY MR. EVANS AND |
BY MR. PARKER AS HAVING HAD CONTACT WITH MR. EVANS?
A. 1 HAVE ~- NO, I DO NOT BELIEVE THAT 1 DID.
Ae SO ALL YOU KNEW WAS THAT MR. PARKER HAD NO KNOWLEDGE oF
WHETHER THESE DETECTIVES HAD HAD ANY PRIOR CONTACT WITH MR.
EVANS, YOU DID NOT KNOW WHETHER THESE DETECTIVES THEMSELVES HAD
ANY PRIOR CONTACT WITH MR. EVANSS IS THAT CORRECT? |
A. 1 BELIEVE THATS CORRECT, I —— LET ME THINK. WHAT 1 HAT
WAS THEIR TESTIMONY AT TRIAL. THAT, YOU KNOW. THESE POLICE |
OFFICERS TESTIMONY AT TRIAL AND PARKER’S DEPOSITION TESTIMONY.
THE COURT: DID THEY TESTIFY REGARDING THIS SUBJECT AT
TRIAL?
THE WITNESS: I FRANKLY CANT SAY AT THIS POINT.
MS. WESTMORELAND: YOUR HONOR, I DON‘T RECALL THAT THEY |
DID. I BELIEVE THE ONLY ONE WHO DID WAS CHIEF ~-— WAS THE
JAILER, MR. HAMILTON. AT THE REBUTTAL PHASE. I DON’T RECALL
THEIR TESTIMONY RELATING TO TESTIMONY OF OFFIE EVANS AT TRIAL
SPECIFICALLY.
BY MS. WESTMORELAND:
(2. AND AS TO DEPUTY HAMILTON WHO DID TESTIFY AT TRIAL AND
DID INDICATE HE WAS THE ONE. I BELIEVE, OBTAINING THE INITIAL
CONTACT WITH MR. EVANS, YOU DID NOT TALK TO HIM PRIOR TO THE
STATE HABEAS PROCEEDINGS IS THAT CORRECT?
A. EXCUSE ME. I CANNOT SAY AT THIS POINT THAT I DID OR [ID
NOT. IT IS POSSIBLE. BUT I DONT HAVE ANY RECOLLECTION OF
DOING IT.
Gl. AND YOU NEVER REQUESTED ANY RECORDS FROM THE ATLANTA
POLICE DEPARTMENT PRIOR TO THE FIRST STATE HABEAS CORPUS
PROCEEDING: IS THAT CORRECT?
A. I DID REQUEST RECORDS FROM THE ATLANTA POLICE BUREAU.
THEY WERE RECORDS RELATED TO THE RACE DISCRIMINATION CLAIM.
BUT I DID NOT REQUEST RECORDS RELATING TO AN INFORMER CLAIM.
MS. WESTMORELAND: ALL RIGHT. I HAVE NO FURTHER
QUESTIONS, YOUR HONOR.
THE COURT: REDIRECT?
MR. BOGER: NO, YOUR HONOR.
THE COURT: ALL RIGHT. SIR. THANK YOU, YOU MAY GO DOWN,
MR. STROUP.
MR. BOGER: YOUR HONOR. I HAVE AT LEAST ONE FURTHER BIT
OF EVIDENCE TO SUBMIT ON THIS QUESTION. IT’S. PERHAPS, JUST
FOR THE CONVENIENCE OF THE COURT AND MAYBE NEED NOT BE
ADMITTED. BUT IN TERMS OF HAVING DOCUMENTS QUICKLY BEFORE YOU,
THE TRIAL TESTIMONY OF QFFIE EVANS IS FOUND IN THE TRANSCRIPT
AT PAGES 867 THROUGH 883. ON PAGE 872 AND 73 -~ 872 AND 873,
MR. EVANS IS ASKED ON DIRECT EXAMINATION BY MR. PARKER ABOUT
WHEN HE FIRST MADE CONTACT WITH THE -— WITH THE FULTON OR THE
ATLANTA POLICE DEPARTMENT AND WITH MR. PARKERS OFFICE WITH
RESPECT TO STATEMENTS HE HAD ALLEGEDLY HEARD FROM WARREN
MCCLESKEY., AND HIS TESTIMONY THERE. IT SEEMS TO ME, IS
PERTINENT.
Pat 4. (
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
- em es en wm me wm em em em wes wm ems mm em w= xX
WARREN McCLESKEY,
Petitioner,
HABEAS CORPUS
vs. : NO.
RALPH M. KEMP, Superintendent,
Georgia Diagnostic &
Classification Center
Respondent.
- em em em ww wm wm em es em ems wes we ew es w= X
STATE OF NEW YORK )
COUNTY OF NEW YORK) ite
JOHN CHARLES BOGER, being duly sworn, states:
1. I am an associate counsel with the NAACP Legal Defense
and Educational Fund, Inc., ("LDF") 99 Hudson Street, New York, New
York 10013, and I am one of the attorneys for Warren McCleskey. I
make this affidavit for submission to the United States District
Court in this action.
2. I was first employed by LDF in February of 1978. At that
time, three attorneys at LDF handled capital punishment cases.
Each of these attorneys had responsibility for all LDF cases in any
one state. For example, one of the states assigned to me was
Georgia; no other LDF staff attorney but myself had any substantial
knowledge of, or familiarity with, the facts of particular Georgia
capital cases. Sometimes LDF attorneys would informally discuss
legal issues presented by the facts in each other's cases, but with
rare exceptions, we did no independent factual investigation,
transcript review, or other record analysis in those cases.
Specifically, no other attorney associated with LDF, including Jack
Greenberg, James Nabrit III, Joel Berger, Deborah Fins, James S.
Liebman, Timothy K. Ford, or Anthony G. Amsterdam had any major
responsibility for Mr. McCleskey's case until the 1983 evidentiary
hearing in this Court.
3. My own role in Georgia capital cases varied
substantially. In some cases, I was actively involved with the
client and I participated intensively in the investigation of
claims, the drafting of pleadings and the conduct of hearings. In
other cases, I was far more passive, serving principally as an
advisor to my co-counsel. In the Warren McCleskey case, my role
was very limited until the spring of 1983. I did no first-hand
Invest Uaation and did not read the trial transcript, the trial
record, or the transcripts and depositions from the state habeas
corpus proceedings. My co-counsel, Robert H. Stroup, drafted the
certiorari petition on direct appeal, and all pleadings, memoranda
and briefs filed in the state habeas corpus proceedings. I did not
attend the state habeas hearing, and did not even meet Mr.
McCleskey until August of 1983, during the federal hearing in this
Court, My participation in the case was limited to occasional
telephone conversations with Mr. Stroup, during which I would
comment on constitutional issues or related matters.
4. Even when the McCleskey case reached this Court, my
principal responsibility, and that of other LDF attorneys including
Timothy Ford and Anthony Amsterdam, was limited to presentation of
social scientific evidence on patterns of racial discrimination in
capital sentencing. The first substantive document which I recall
drafting for Mr. McCleskey was an affidavit by Professor David
Baldus, filed in June of 1982, which reported upon his preliminary
findings on Georgia capital sentencing. Throughout the subsequent
proceedings in this Court -- the discovery, the federal hearings in
August and October of 1983, and the post-hearing briefings -- I
left the investigation, evidentiary presentation and drafting
responsibilities on all issues other than racial discrimination to
Mr. Stroup.
8. The division of responsibility I have described continued
when Mr. McCleskey's case was appealed to the Court of Appeals.
Mr. Stroup briefed and, to my best recollection, orally argued all
issues except those involving Mz. McCleskey's racial discrimi-
nation claims. LDF lawyers, including Timothy Ford, Anthony
Amsterdam and myself took the lead on the racial claims. I 4id
read the trial and state habeas corpus transcripts in preparation
for oral argument in the Court of Appeals in June of 1984, and
again in preparation for oral argument in the Supreme Court of the
United States in October of 1986; however, since Mr. Stroup and I
divided oral argument at the Court of Appeals, and since the
Supreme Court limited its grant of certiorari to the racial claims,
I did not focus intensively on Mr. McCleskey's other claims.
LDF Knowledge of McCleskey's Henry and Mooney Claims
8. In March of 1987, in anticipation of a decision from the
3
Supreme Court of the United States, I discussed with Mr. Stroup
whether other constitutional claims might be available to Mr.
McCleskey if the Supreme Court's decision were adverse. We both
agreed that it would be useful to meet with Offie Evans, one of the
State's chief witnesses against Mr. McCleskey, to learn whether he
could provide further information amplifying upon his relationship
with Detective Sidney Dorsey, which had been the basis for a
constitutional claim asserted under Giglio v. United States, 405
U.S. 150 (1972) in the first state and federal petitions.
2. We learned in late March that 0Offie Evans was then
incarcerated on another charge at the Ware Correctional Institution
in Waycross, Georgia. I wrote to Mr. Evans, requesting an
interview. (A copy of the letter is annexed as Exhibit A.) No
response was forthcoming. Mr. Stroup then contacted correctional
cfficisle at the Ware institution who informed him that Mr. Evans
would be paroled to the Atlanta area on May 10, 1987. The
officials indicated that we could talk with Mr. Evans if he would
agree to see us. Our further attempts, however, to contact Mr.
Evans through Ware counsellors and others were unsuccessful.
8. Shortly after May 10th, Mr. Stroup attempted to make
direct contact with Mr. Evans through his sister and other
relatives living in the Atlanta area. Although the relatives were
cordial, our efforts were unavailing. We next turned for
assistance to a young black attorney, who made repeated efforts--
morning, noon and night -- to locate Mr. Evans at the homes of
various relatives. Mr. Stroup and I then hired an experienced,
highly recommended private detective -- a former FBI agent -- to
locate Mr. Evans.
9. Toward the end of May, acutely aware that time was of the
essence, Mr. Stroup and I had a lengthy discussion of every
possible avenue to reach Mr. Evans. Our discussion turned to
alternative ways we might learn the details of the "promise" or
"understanding" between Mr. Evans and Detective Dorsey. Bob Stroup
reminded me that he had spoken to Detective Dorsey during state
habeas proceedings without success. Neither of us could think of
any other reasonable leads to follow. Mr. Stroup, however, did
mention in passing a then-recent article in an Atlanta legal
ASHSEE DEL describing current efforts by Atlanta news media to
obtain investigative files in the Wayne Williams case under the
Georgia Open Records Act. We agreed that we might frame a request
to an Atlanta City Attorney who was known to Mr. Stroup, to see
whether that avenue might be promising.
10. Let me add that, in nine years of full-time litigation of
capital cases, predominantly in Georgia, and extensive contacts
with every major capital defense attorney in the State, I had never
previously heard of the Georgia Open Records Act, much less of any
prior attempts -- still less any successful attempts -- by any
habeas applicants to use the Act to obtain police or prosecutorial
files in an ongoing habeas case. Nevertheless, as set forth in-
greater detail in the contemporaneous affidavit of my colleague,
Mr. Stroup, we pursued this avenue, because we had been
unsuccessful in our efforts to obtain information through more
conventional means.
11. Mr. Stroup telephoned me on June 11, 1987 to report that
he had just received from the City Attorney a 21-page written
statement that had apparently been given by Offie Evans on August
1, 1978. At that time, although Mr. Stroup had only read part of
the statement, he reported to me that it seemed substantially at
variance with Evans' testimony at trial. As we began to discuss
the statement, we began to reflect on the possible constitutional
issues it might present. I requested Mr. Stroup to send me a copy
by Federal Express, and I examined it over the June 13-15th
weekend. Upon my return to New York on Tuesday, June 16th from a
two-day meeting in Washington, D.C. on other matters, I immediately
began work to prepare an amendment to our successive state habeas
corpus petition -- which had been filed in the Superior Court of
Butts County on Tane 9, 19587 -- to mevhrt new constitutional claims
under United States v. Henry, 447 U.S. 264 (1980) and Mooney V.
Holohan, 294 U.S. 103 (1935), predicated on the newly-discovered
Evans statensyt,
12. Prior to June 11th, I had no knowledge of the existence
of the 21-page written statement by Offie Evans, or of any other
written statement by Evans. Indeed, I was totally surprised to
learn of the existence of the statement. Although, I was not
primarily responsible for the non-racial issues during Mr.
McCleskey's initial state and federal habeas corpus proceedings, my
strong impression, drawn from the trial transcript and other
relevant documents, was that Mr. Evans' communications with State
officials prior to Mr. McCleskey's trial had been exclusively oral.
Had I realized that Mr. Evans had in 1978 signed a written document
allegedly recounting his conversations with Mr. McCleskey, I would
have immediately moved to discover it under applicable state or
federal procedures.
13. Af no time prior to June 10, 1987, 4id any LDF lawyer or,
to my knowledge, Mr. Stroup, ever suspect, surmise, or even
contemplate the possibiity that the State had obtained a written
statement from Offie Evans.
14. Neither other LDF attorneys not I deliberately withheld
or abandoned Mr. McCleskey's Henry and Mooney claims. Until June
of 1987, we had had neither the evidence, nor the knowledge of the
evidence, on which those claims are based. Nor, I respectfully
submit, given the repeated State denials of access to that evidence
(i) prior to trial, (11) during Mr. MeOleskev's croms-exanination
at trial, (iii) on direct appeal, and (iv), in State habeas
proceedings, and given the State's lack of clear information even
confirming the existence of the statement, could our ignorance be
deemed "inexcusable neglect" within the meaning of Sanders v.
United States, 373 U.S. 1 (1963) and Rule 9()).
5 TAN #7 Sn:
“John Charles Ge
Subscribed and sworn to before me
this Ch day of July, 19817
et Dp
\_Notary Public
JUDITH A. REED
Notary Bie State. oF New York o
Gu lificd io asones 0 ourity
Commission Expires _/ Te ——
"NAACP LEGAL DEFENSE AND_EDUCATIONAT FUND. INC. -
98 Hudson Street, New York, N.Y. 10013 ¢ (212) 219-1900 -
‘April 8, 1987 =
Mr. Ophie Evans EF-193230 : : : : ;
Ware Correctional Institution a —- A - -
—~ Waycross, Georgia ~ 31501 - ; : : : LT &
Dear Mr. Evans: : : ated : ; :
-
- I am .one of fhe attorneys - for Warren McCleskey, in whose =
-trial, you may remember, you _gave testimony in 1978. Warren's
case is now pending in -the United States Supreme Court en an
ne "issue of racial discrimination. We expect to. hear from the Court
in late April or early May of this year. If we lose, Warren
- faces imminent glectrocution. o x
My co-counsel and I are now. reviewing the case to see 1f we .
can identify any constitutional issues that may help us save
Warren's life. In that connection, I would be very grateful for
: ~ the opportunity to speak with you about the trial. I would be
= willing to come to Waycross at your convenience if vou will agree
to see me. My purpose in seeing you, of course, would not be to
put you under pressure but simply to learn more about what =
happened at the _-trial. You are an important witness to’ those
events, and what you tell us could be very valuable.
Thank you for considering this: request. Enclosed is a“
stamped, self- addressed Snvelope to assist you in repiving. $0.
this letter.” 3
a - Best ‘regards. all > , .
Beg = fs Sh : Sincerely, iE J -
n Carles Shyer
EXRIZIT A. Sa
> es - =
I Contributions are deductible for U.S. income tax purposes
The NAACP Lega! Defense & Educational Func. inc (LDF 1s not part of the Natioma! Association 107 the Advancement of | Colored People (NAACP. although
LDF was foundec by the NAACP anc shares its commitment fo equai rights. LDF nds hac for over 25 yearsa separate Boast, program. stafi. office and Bigse
= TO: z Jack Boger r ah os -
: -- NAACP Legal Defense Fund #3 ae ar nage
7 - 99 Hudson Street : Sn : =e "in oe
: New York, New York 10013 5 2
FROM: Ophie Evans — AR on Ea
. - I would - SHE i be F- ; i
would not- = a > : Fl?
be willing to speak with you if you came to Ware Correction -
_ Institution. aE ae Te: i a
Ophie Evans S
April _ -_, 1987 :
0.52
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
WARREN McCLESKEY, :
Petitioner,
VS. CIVIL ACTION NO.
RALPH KEMP, :
Respondent. :
AFFIDAVIT OF ROBERT H. STROUP
STATE OF GEORGIA)
COUNTY OF SULION,
Personally before the undersigned officer duly
authorized by law to administer oaths appeared ROBERT H.
STROUP, who, after being duly sworn, deposes and states as
follows: |
1. My name is ROBERT H. STROUP. I am more than
eighteen years of age, and am under no legal disability of
any kind. This affidavit is given freely and voluntarily,
without coercion of any kind. I understand it will be used
in court proceedings on behalf of Warren McCleskey.
2. I was initially retained to represent Warren
McCleskey in April, 1980, . At that time, a petition for writ
Of certiorari to the Georgia Supreme Court was due to be
filed in the United States Supreme Court within days of my
retention, and my first act was to obtain an extension of
time for the filing of that cert petition.
3. 1 filed a petition for certiorari in the United
States Supreme Court in June, 1980. One of the issues 1I
raised on McCleskey's behalf was a Brady claim--that the
State had wrongfully withheld McCleskey's oral statement to
Evans. In preparation for bringing this claim I reviewed
the Georgia Supreme Court decision as well as the trial
transcript. I did not understand that there was a written
statement from Offie Evans. Like the Georgia Supreme Court,
I understood that there was an oral statement, and that it
had been introduced in its entirety through Evans's
testimony at trial.
4. The next major development related to the case was
the denial of cert by the United States Supreme Court in
October, 1980, and the setting of a new execution date. On
December 19, 1980, McCleskey appeared in Fulton Superior
Court and his execution was scheduled for January 8, 1981.
5. In December, 1980 and January, 1981, I did
extensive research and investigation relative to the habeas
corpus petition that was filed on McCleskey's behalf in
Butts Superior Court on January 5, 1981. More than 20
substantive claims were raised in the petition; several of
them required investigation outside of the trial transcript.
In January, 1981, I interviewed, in person or by phone, more
than 30 persons relative to these claims.
Among the facts which I sought to develop were the
facts surrounding Evans's involvement as a witness at
McCleskey's trial. At no time during the state habeas
process did I learn of the existence of a written statement
given by Offie Fvans prior to ‘McCleskey's trial. I would
surely have requested that information had it come to my
attention, given my effort to develop the details of Evans's
relationship with County and City personnel.
6. During the course of the federal habeas hearing, I
sought further discovery of federal officials regarding the
circumstances surrounding Evans's escape from the federal
halfway house. Again, at no time did it come to my
attention that Evans had given a written statement to
Atlanta police and the Fulton County District Attorney's
office in August, 1978.
7. After the October, 1986 argument of McCleskey's
case in the United States Supreme Court, Jack Boger and I
continued to examine possible constitutional claims that
might be raised on Mr. McCleskey's behalf. One issue to
which our dicussions returned was the understanding between
Offie Gene Evans and Atlanta police detective Sidney Dorsey,
under which Evans expected that Dorsey would "speak a word"
with federal authorities about his pending federal escape
charges in exchange for his testimony against McCleskey. A
majority of the Court of Appeals had denied relief on this
claim, finding that the understanding between Evans and
Dorsey was too "marginal" or insubstantial to have
constituted a "promise" under Giglio v. United States, and
that revelation of the understanding to McCleskey's jury
would have been "unlikely [to] . . . have affected the
jury's assessment of Evans's credibility."
8. We were both troubled, however, by the factual
premises of these legal conclusions and we decided that it
could prove useful to speak with Offie Evans to clarify the
understanding he had worked out in 1978 with Detective
Dorsey. We also agreed to contact McCleskey's jurors, to
determine firsthand whether revelation of Evans's agreement
with Dorsey may have made a difference in their verdicts.
9. We began in late March of 1987 what proved to be a
long, expensive and fruitless effort to make direct contact
with Offie Evans. Working through the Department of
Corrections, I determined that Evans was back in the state
penal system, serving a sentence in the Ware Correctional
Institution in Waycross, Georgia. I spoke with Ware
Correctional officials and determined that we could visit
Mr. Evans with his agreement. My co-counsel, Jack Boger
then wrote to Evans, asking permission to speak with him.
When our letter went unanswered, I spoke again with Ware
officials and learned that an inmate counsellor was
available to convey our request to Evans directly. I spoke
with his counsellor, but was again unable to schedule a
meeting.
10. We then learned that Evans was scheduled for
release and was expected to return to Atlanta on May 10,
1987. .1 contact his sister and requested that she let me
know when Evans arrived in Atlanta. She agreed to do so.
Yet during the week of May 11-15th, I was unable, despite
frequent attempts, to make direct contact with Evans.
Thinking that perhaps a black, rather than white, attorney
might be able to establish some greater amount of trust with
Evans and his family, I asked a young black attorney, Bryan
Stephenson, to attempt to make contact with Evans. For
several weeks Stephenson tried to talk with Evans, making
frequent visits to several of Evans's relatives at different
hours of the day and night. His efforts were also
unsuccessful.
11. Finally, sensing that time was growing short, Jack
Boger and I decided to hire Delaney Bell, a highly-
recommended private investigator, to locate Offie Gene
Evans. Although Mr. Bell (i) checked probation sources--who
informed him that Evans had not shown up for required
probation meetings; (ii) talked with numerous family and
community sources; (iii) checked Atlanta Police Bureau
sources and (iv) "staked out" the locations where Mr. Evans
was said to sleep, he was unable to locate Evans.
12. As indicated earlier, our purpose in seeKing Offie
Gene Evans was to learn more about the understanding he had
reached in 1978 with State officials, to strengthen the
factual basis for the Giglio claim. During one telephone
conversation with Jack Boger in late May, 1987, we explored
other possible sources of information. I mentioned to him,
in passing, the recent success of a number of Georgia
broadcasters in obtaining police investigative files in the
Wayne Williams case.
13. Although I was not otherwise familiar with the
Georgia Open Records Act, and although I had never heard of
its being used successfully to obtain records in an on-going
criminal or habeas proceeding, I agreed that we might use
the apparent victory of the broadcasters in Napper v.
Georgia Television Co., No 44381 (Georgia Supreme Court) to
request access to the police investigative file in the Frank
Schlatt/Dixie Furniture Store case.
14. Late Friday afternoon, May 29, 1987, I contacted
Mr. Roy Mays, an Assistant City Attorney with whom I had had
prior contacts, who suggested that I make a formal written
request to the Atlanta Bureau of Police Services. He
indicated, however, that it was unlikely that any documents
would be produced until the Georgia Supreme Court acted on
the City's petition for rehearing. I was advised by Mr.
Mays that the City had specifically requested in its
rehearing position that the Supreme Court reconsider its
newly-announced rule that a criminal investigation would be
deemed "closed" under the Open Records Act even if a habeas
corpus proceeding was pending. On Monday, June 1, I hand-
delivered a letter to the Chief of Police, requesting "the
opportunity to inspect and copy all records in the
possession and/or control of the Atlanta Bureau . .
related to the investigation into the slaying of Officer
Frank Schlatt in May, 1978." (See Federal Petition, Exhibit
Q).
15. On June 4, I was contacted by Deborah Floyd, an
Associate City Attorney, who informed me that the Georgia
Supreme Court's decision of June 3, modifying its earlier
Napper opinion, would have some bearing on whether any or
all documents would be released. She indicated that
preliminarily she had flagged approximately 97 documents as
subject to potential privacy concerns under the modified
decision of June 3. At her request, I agreed to a short
extension of time.
16. On June 10, I telephoned Roy Mays and Deborah
Floyd and stressed the urgency of my request. When asked to
specify documents I was interested in, I replied that my
first priority was any documents relating to Offie Gene
Evans. Deborah Floyd happened to recall one such document
in the file, and the City agreed to furnish that one
document while awaiting further clarification from the
Supreme Court in the Napper litigation. (By that time, the
Georgia broadcasters had filed their own petition for
rehearing). At the time the City agreed to make this "memo"
available, I had no idea what the document was, or what
information it contained. It was in this manner that I came
into possession of the August 1, 1978 statement of Offie
Gene Evans.
17. Since filing the First Amendment to the state
habeas petition, the State has pointed to a number of
references in the transcript which, the State contends,
should have made the existence of this written statement
obvious to me. Its existence was not obvious to me, prior
to June 10, 1987, when I received a copy from the City
Attorney's office. Prior to that time, I simply did not
understand that there was a written statement from Evans.
18. In preparing for both the initial cert petition in
June, 1980, and the initial state habeas petition in
January, 1981, I had reviewed the 1037-page transcript of
trial. I had also reviewed the Georgia Supreme Court's
decision on direct appeal. I was left with the distinct
impression that there was nothing in writing related to
Offie Gene Evans that the State was withholding. This
impression was based, I believe, on the trial court's own
reference--when John Turner was seeking production of
additional documents--that "I don't know that we are talking
about any written statement." (Tr., 831). Further, the
Georgia Supreme Court, on direct appeal, upheld the denial
of access to Evans's oral statement without a hint that any
written pre-trial statement by Evans existed. The Supreme
Court explicitly stated that "the evidence [defense counsel]
sought to inspect was introduced to the jury in its
entirety." This was in obvious reference to the actual oral
testimony of Evans at trial, further reinforcing my
impression that there was nothing written that the State had
not produced.
19. The State has also argued that the rial court's
order of September 27, 1978 should have served notice on me
that there was a written statement. However, that order
makes no reference to the witness Offie Gene Evans (or any
other witness) and I have no recollection of connecting that
September, 1978 order with any witness statements. My own
recollection is that my investigation indicated that the
order related to 2 test of hair samples that were taken from
each of the co-defendants. I certainly did not connect that
order to Offie Gene Evans.
20. The State also contends that a Pasing comment
from the Russell Parker, the Assistant District Attorney who
tried the case, made during his deposition taken in the
first state habeas hearing, should have been notice to me of
the existence of a written statement from Evans. Parker's
comment, at page 8 of the deposition, however, was not
directly responsive to my question, and I thought he
misunderstood my question. I do not believe I actually
understood what he said in response to my question, and I
rephrased the question to make certain that he understood
me. When the deposition transcript became available to me
for review, I already had Nick Dumich's letter reflecting
his understanding that what we were dealing with was a
complete copy of the prosecutor's file. It never occurred
to me at this stage in the proceedings that there was a
written statement from Offie Evans that the State had not
produced.
This of ns of 3 Ly . 1987.
ROBERT H. STROUP
Sworn to and subscribed before me,
this Hor 8 day o 2, 1987.
lie Th. te
Notary Public
Notary Fublic, Gaorgia, State at Larro
My Commission Expucs June 26 1588
;
(4.53
IN THE SUPERIOR COURT OF BUTTS COUNTY
STATE OF GEORGIA
ct 0: te SE ol A 58 er x
WARREN McCLESKEY, :
Petitioner, :
Ve, : Civil Action Xo. 4909
WALTER _ 2ANT, Warden, : Habeas Corpus
Georgia Diagnostic and :
Classification Center, :
Respondent. :
oe i rt lei te en i i "
The deposition of RUSSELL PARKER taken before
Foster Corbin, Certified Court Reporter, all formalitias,
excludine the reading and signing of the deposition,
being walved, commencing at 3:15 p.m., February 1§,
1981 at the Fulton County District Attorney's Office,
Fulton County Courthouse, Atlanta, Fulton County,
Georgia.
-000~
CORBIN & LIEBERMAN
CERTIFIED COURT REPORTERS
SUITE 828. 1293 PEACHTREE STREET, N.E.
ATLANTA, GEORGIA 30309
(404) 892-3699
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APPEARANCE OF COUNSEL
For the Petitioner:
ROBERT H. STROUP, Esquire
1515 Healev Building
57 Forsyth Street, N.VW.
Atlanta, Georgia 30303
For the Respondent:
NICHOLAS CG. DUMICH, Fsqguire
132 State Judicial Building
40 Capitol Square, S.W.
Atlanta, Georgia 30334
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P.ROCREDINGS
MR. STROUP: This is the deposition of Russell
Parker tkaen by the petitioner for all purposes permitted under
law and pursuant to order of the court. Would you swear the
witness?
Whereupon,
RUSSELL PARKER
was called ag a witness and, having been first duly
sworn, was examined and testified as follows:
CROSS EXAMINATION
BY MR. STROUP:
Russell J. Parker, P-A-R-K-E-R,
Where are you currently emploved?
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Fulton County District Attorney's office.
0 How long have you been with the Fulton County Distr:
Attorney's office?
A Since July, 1973.
Q Were you the assistant district attorney assigned
to handle the cases arising out of the shooting of Atlanta
Police Officer Frank Schlatt?
A I handled the case, ves.
Q That included the trial of Warren McCleskey?
A Yes, sir.
Q It also involved the trial of two of the other
Would you for the record state your full name, please?
ct
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co-defendants; is that correct?
A Yes, sir.
Q Do you recall when the trial of Warren McCleskey
was?
A Can I look at my notes and refresh my memory?
0 It was October, 1978; is that when we are talking
about?
A It's approximately, ves.
Q The co-defendants were tried in the next month
separately?
A That is my recollection, ves, sir.
0 Prior to the trial of Warren McCleskey did you have
a file which vou made available toc defense counsel representing
Warren McCleskey?
IR I had a file I made available to all the defense counsel in this case. |
0. All right. There was one file that was made available
to all the defense counsel involved? !
A. Prior to trial and during trial. |
Q All right. Let me direct your attention to the front
cover. Let me ask vou, do vou have that file with vou here |
today? |
A Yes, I do. |
0 All right. You have reviewed that file prior to this
date to determine,as best as you can determrine, it's the same |
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file that was made available back in pretrial and trial period?
A. Yes, sir.
Q All right. That specifically as it relates to
representation of Warren McCleskey, your best-—-
A. Warren McCleskey and the other defendants.
0 All right. It's the same file today as it was in
October of 1978?
A As far as I can determine.
0. Okay. let me direct your attention just to the
cover of that file and ask you what those quotations are that
are written on the cover?
A Well, TIT tried to make notes by day and time as to
when defense attorneys looked at the file. Usually, I made
those notes at the time they looked at it. I would say the
notes are fairly accurate. If I didn't put it down initially,
then there may be some discrepancy. But I would say generally
that's a fairly accurate log.
0. All richt, Can we co off the record just a second?
(Discussion off the record.)
BY MR, STROUP:
0 Let's go back on the record. We have agreed that--
counsel for the parties have agreed that we will copy
an attach to the deposition the entire file including the
cover sheet. The cover sheet that has vour handwriting on it,
what is your best view as to how accurately it details the
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| inspection of the file by defense counsel?
A I see only one entry that doesn't appear to be my
handwriting and that is, the entry that Donnie Stein viewed
the file on September 27, 1978 for approximately and hour and
a half, I'm sure I gave this file to defense attorneys and
asked them to make notations as to how long they had it;
whether or not they gave me all the notations which I then
would have put on the cover sheet, I don't know-- I don't
know whose handwriting that is. Maybe it's Stein's, himself.
Q That's the 9-27-78 entry?
A Uh-huh. (Affirmative.)
Q So the record is clear, could you just identify
the attorneys who were representing each of the defendants?
A Well, Donnie Stein represented Ben Wright; the
public defender initially represented Burney and continued
to represent him throughout the trial. An attorney by the
name of Joe Gailey care into the picture somewhere during
the proceedings, also represented Burney. Dupree was represen
by Mike Washington, George Lawson and Charles Hudson. All 3
of them came by at various times. John Turner represented
McCleskey.
Q With respect to John Turner's reviewing the file,
do you have any recollection of his viewing the file other
than the dates that's indicated on the cover sheet?
A I note that John Turner reviewed the file on Octobe
ted
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5th, 1978 fcr some 3 hours and fifteen minutes. He apparently
used the file from October 9 through October 13 and throughout
the trial. John Turner and I had discussed his client's
involvement on other times. Whether or not he reviewed the
file, I can't say.
Q All right. Was it usual practice to record the dates
of defense counsel's reviewino of the file and the times?
A I tried to. I see there's actually two entries I
didn't make. Both of them were dated September 27, 1978. One
involved Stein, who represented Ben Wright. One represents
Hudson who was one of the three lawyers representing Dupree.
I'm sure there must have been other instances where perhaps
I didn't enter parts.
0 All right. Let me just ask you, directing your
attention to the 3 or 4 different statements that are in
the file-~- was there present at the time, was there present
in the file at the time that John Turner reviewed the file
a statement from Dan Oliver dated 5-13-78?
A Yes, sir.
Q All right. And was there similarly at the time of
John Turner's inspection of the file a statement by Ben Leste:
Tyson of 5-13-78?
A, Yes, sir.
0. Was there a statement in the file at the time
John Turner reviewed the file, a statement from James Grier,
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Junior of 5-13-78?
A Yes, sir.
0 Finally, was there present in the file at the time
that John Turner reviewed it a statement by Henry Nelloms of
maybe May 15, '78, as bast as I can read it? A Yes, sir,
0 Okay. Now, I want to direct vour attention to a
statement from Offie Fvans that was introduced at Warren
McCleskey's trial and ask vou a few questions about that |
statement. How was it that vou came to learn that Offie Eavns
might have some testimony that vou would want to lose in the
Warren McCleskey trial?
A Okay. When you referred to a statement, Offie
Evans gave his statement but it was not introduced at the
trial. It was part of that matter that was made in camera
inspection by the judge prior to trial.
0 All right. Let me make clear what my question was,
then. Offie Evans did in fact give testimony at the trial--
let me rephrase it. When did you learn that Offie Fvans had
testimony that you might want to use at trial?
A I believe I was first notified by Detective Jowers or Detective Harris, homicide detectives, who apparently had
been contacted by a deputy, C. K. Hamilton. I don't recall |
at this point whether Jowers and Harris went out to the jail |
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to talk to 0Offie and that involved me or whether they called me
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over to the Atlanta Police Department and we talked to Evans
there. I know I did talk to Evans and I did talk to him at
the Atlanta Police Department.
0 How about Detective Dorsey? Do vou recall Detective
Dorsey being involved at all?
A Dorsey was involved in the investigation. At what
point, I don't remember.
Q All right. How about specifically with respect to
testimony of Offie Evans? Do you recall Dorsey having any
role in developing the testimony of Evans?
A At this point I don't know if Dorsev had any role
in it. The only thing I remember really is that Deputy
Hamilton, Detective Jowers and Harris.
Q Did you, yourself, have any prior dealings with
Offie Evans prior to his becoming involved in the Frank Schlatt
case?
A No, sir, I didn't know Offie Evans prior to that time.
Q Okay. Were you aware at the time of the trial of
any understandings between Evans and any Atlanta police depart~-
ment detectives regarding favorable recommendation to be made
on his federal escape charge if he would cooperate with this
matter?
A No, sir.
0. Let me ask the question another way to make sure
we are clear. Are you today aware of any understanding between
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any Atlanta police department detectives and Offie Evans?
A No, sir, I'm not aware of any. I understood that
he was not prosecuted for the escape but I understand he was
placed back in the federal penitentiary.
0 Okav. pid you, yourself, after the Warren McCleskey
trial, contact any FBI agents to discuss with them the matter
of a pending escape charge?
A I have talked to several FBI agents about the case.
Only one time did it involve Offie Fvans. And that was after
all the trials were completed. And I believe it was in regards
to segregating him in some way out at the federal pen for his
own protection.
Q Do you know who the FBI agent was who you spoke with
regarding Offie Evans?
A I don't at this time. But I did write a letter to
the warden in the federal pen. At least I wrote, drafted it
for Mr. Slayton.
Q All right. Let me ask you your recollection on the
timing. Is it possible vou contacted an FBI agent regarding
Offie Evans's escape charge prior to the trial of the co-
defendants Burney and Dupree?
A I don't "know. I've got a letter dated November 20th,
1978, when I wrote to the Warden at the United States
Penitentiary in Atlanta. I believe that would be after all
trials had been completed. I recall difficulties having Offie
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Evans brought over to trial because he was a federal prisoner.
I believe the first time we brought him over, he was still in
the Pulton County Jail, as I recall. I may be wronga. We still
had to use U, 8. Marshals. I recall the second time he was
brought over, we still have to use U. £. Marshals. And I
don't recall now whether he was still in Fulton County Jail
or whether he was in the Federal Pen. But I believe I did have
a conversation with the U. S, Marshal's office and also with
the FBI agents as to how to get him here.
Q All right. How about prior to the trial of the co-
defendants? Do you have any recollection of a conversation
bringing to the FBI's agent attention the fact that Evans
had testified in Warren McCleskey's trial?
A Specifically, no. I think, however, when I wrote
this letter to the warden, I think I told the FBI agent who
gave me that name what Offie Evans had done, that is, that
he had testified at both trials and what the results of those
trials were.
0 All right. Let me just refresh your recollection, if
it does-- let me show you a trial transcript. This is State
of Georgia versus David Burney and Bernard Dupree, trial
commencing November 13, 1978 at Atlanta. I direct your
attention to a statement that you made at page 971 of that
transcript--
A Okay.
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0 That indicates that prior to the trial of the
co-defendants and after McCleskey's trial, you did contact an
agent of the FBI?
A. I still don't know whether I contacted him or he
contacted me. But evidently we had a conversation.
0 All right. Your statement as of the trial of Bernard
Dupree and David Burney was that you contacted the agent; is
that not correct, to determine if he was going to continue to
nregs charges for escape?
> I say I have contacted. I still don't know whether
I contacted the agent as to how to get Offile Fvans to testify
or whether the agent called me.
0. 21) right.
A There was some question in nv mind as to how to
get him over here the second time.
0 Your earlier statement made to the court was, I hav
contacted the agent with the Federal Bureau of Investigation
to determine if he is going to continue to press charges of
escape: isn't that correct?
A That's what the transcript says, sir.
0. "I have not asked him to drop charges of escape but
I believe he is going to act on that information I have passed
to him, that is, Mr. Evans did testify once before. And I
don't believe the federal charges of escape, the latest federal
charges, will be processed against Mr. Evans.”
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A. Yes.
Q That is correct, that is a correct statement of what
you said earlier?
A I believe it is corrsct, sir.
Q All right. You don't recall at that time who that
FBI agent was?
A No. I'm sure it was the agent that would have
investigated primarily his charge of escape.
Q You do not have any records that would indicate
the name?
A I probably have a yellow phone tab, personal fille,
with his name on it.
0 Okay.
A But I believe it's about this letter I wrote to
Hanberry rather than relating to this conversation that you aj
asking about.
Q All right. I think that's all that I have other. thai
that I do want the record to clearly reflect that the parties
have agreed that we will copy the entire investigative file
that was made available to counsel--
LA
)
A All counsel.
Q All counsel including John Turner-- |
A Right. |
Q 2nd it will be attached to the deposition as Exhibit
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ME. DUMICH: That's fine. Are you through?
MR. STROUP: Yeah, that's all I have.
REDIRFCT EXAMINATION
BY MR. DUMICH:
0 I just have a few questions. Mr. Parker, in regards
to Offie Evans's testimony at trial, Mr. McCleskey's trial,
was there any deal whatsoever made with Mr. Evans in exchange
for his testimony at the trial?
A I'm not aware of any. I don't know of any deal.
Q What about at the Burney trial? Was there anything,
was there any indication given by you to Mr. Evans prior to
his testimony in the Burney trial that you would do anything
for him or try to do, try to contact .people for him to try
and see that his escape charce wasn't prosecuted or that he
would get a reduction in sentence or anything along those
lines?
+
A I have never asked anybody to drop a charge. I don';
know of Offie ever asking anybody to try and get the charges
dropped for him. I am not surprised that they are dropped.
Obviously the police officer was killed and the guy testified
twice for the state. It doesn't surprise me ir the least that
the charges have been dropped. But the fact that the charge
was dropped doesn't mean that he wasn't punished because he
was put back in the federal pen.
0. Do you have any knowledge that Mr. Fvans was working
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as an informant for the Atlanta Police or any police authorities
when he was placed in the Fulton County Jail and when he overheard
these coversations of Mr. McCleskey?
A I don't know of any instance that Offie Evans had
worked for the Atlanta Police Department as an informant prior
to his overhearing conversations at the Fulton County Jail.
0. Do you recall whether Mr, Turner, Mr. John Turner,
who represented Mr. McCleskey at the trial, had engaged in
any plea negotiations with you during the course of the pretr;
contacts with him prior to Mr. McCleskey's trial?
A John Turner contacted me several times, both by
telephone and in person-- as to the disposition of the case,
I don't think at any time did he ever indicate to me that
McCleskey wanted to plead guilty. In fact, the morning of
trial, as I recall, John Turner asked for a short pretrial--
and went into the witness room. Of course, he wanted to know
what the matters were at that time that the judge had made
an in. camera inspection of. Of course, I told him I couldn't
tell him; no sense in having an in camera inspection if I
was going to do that. At that time I believe he told me that
McCleskey wanted a trial, was adamant, would not plead guilty
Q Okay.
A we never discussed a plea.
a let me ask you this: Are you aware of why--
A There were other things that went along with that.
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Q. Would you explain?
A McCleskey had given two statements, one in Marietta
and Cobb County, one at the Atlanta Police Department. Accord:
to John Turner, McCleskey felt like he could stand on the one
in Atlanta, I mean the one in Cobb County, claimed that the o
in Atlanta was coerced. I'm sure those are statements that we
given to John Turner that are not listed on this file cover.
In other words, his client's statements-- I'm sure the other
attorneys representing their clients got copies of their
clients' statements that are not listed on the file cover. So
when I say they reviewed the files, there are other instances
where they have gotten information perhaps, autopsy, I'm sure
they got portions of the crime lab reports. I'm sure they got
copies of their clients' statements. And that's one reason I
was suggesting that if you are going to attach any part of th
file, you ought to attach the whole thing because even the
clerk's file, you'll see where the state filed a motion to
get samples of hair of all the defendants. We were trying to
match up hair samples. So I'm sure they were aware of lab
reports that had been prepared and why we were preparing the
motion for hair samples, so when I say this cover sheet is--
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I don't think really shows the whole picture of the information
that they had.
Q Okay. Let me ask you, are you aware of why the
decision was made to seek the death penalty in this particular
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case?
A Well, I'm not so sure I understand exactly what you
are asking me. The client-- John Turner said his client claimed
he wasn't guilty. I don't think John Turner ever said anything
other than that. Everything I had indicated that McCleskey
was the person that killed Officer Schlatt.
Q Did Mr. McCleskey's race have any influence on your
decision to seek the death penalty in this case?
A No, sir.
a what about the race of the victim, Officer Schlatt?
Did that have any bearing on your decision to seek the death
penalty?
A No, sir.
0 Earlier when you testified that you may have contact
the FBI in regards to Offie Evans's testimony in this case,
was that in any way an attempt to get favorable treatment
for Mr. Cffie Fvans in regards to not being prosecuted? You
may have covered that earlier. I just wanted to make sure we
get that in the record.
A I don't think I ever asked him to do anything; in
fact, I'm sure I didn't. Like I say, I'm not surprised that
he wasn't prosecuted.
0 Okay.
A I'm not shocked, in other words.
Q. That's all I have.
rad
RECROSS EXAMINATION
BY MR. STROUP:
Q I just have a couple more. Would it surprise you
that one of the Atlanta Police Department detectives who had
been dealing with Offie Evans had made an agreement or come
to an understanding with him to make a favorable recommendation
in exchange for his cooperation at the McCleskey and Burney-
Dupree trials?
A I don't really see how anybody can promise anythingj
I don't know of any. I'm not aware of any such agreement. I'm
not aware of any such offer.
0. Would it surprise you to learn that that understanding
had been reached?
A I don't know of any officer that would make that
promise but let me explain something eise to you. There is
generally an FBI agent that follows the crimes in the Atlanta
area that is a contact point with the Atlanta Police Department.
T don't remember his name at this point. But I think we first
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learned from him that Ben Wricht had been arrested out at
Pine Bluff, Arkansas. I think he was pretty much in daily
contact with the FBI agent out there as to, was this the
Ben Wright we were looking for, was this the man we were looking
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for, because obviously he was using another name. I have
24
talked to the FBI agent. I have talked to him several times
25
during the time that the individual that was arrested out there,
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whether or not he was Ben Wright. But we've never discussed
Offie Evang. I think it was probahly common knowledge among
the homicide officers or Detectives that Offie Evans had
cooperated.
Q There was a close working relationship between the
homicide detectives and the FBI?
A, Well, I don't know. What I'm saying is they've got
a contact man. There's probably one that hangs around down
there to furnish them information and get information in
return, homicide, armed robberies, motor vehicle thefts,
burglaries, con artists. I don't know of any agreement.
0 Tt's fair to say that there would certainly be an
opportunity for Atlanta police officers to put in a good word
with the FBI agent in Offie Evans's behalf?
2 I'm sure. That's why I say,I don't suspect that
anybody has put in any good word, but I'm not surprised that
Offie Evans was not prosecuted for his escape, You take an
Atlanta police officer, police officer anywhere that's been
killed, somebody ends up testifying for the state or for
the federal government, putting his life in danger, it doesn’
surprise me at all that that's the end result.
Q Prior to trial, did you take any steps at all to
determine whether or not any Atlanta Police detectives involv
on the case had come to an understanding with Offie regarding
A Offie Fvans was interviewed by Jowers and Harris
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Georgia again versus David Burney, Junior and Bernard Dupree--
and myself at length one day. I don't know how many times we
questioned him. But I don't think he ever told us that he
ever expected anything. He never asked for anything. I don't
know fof any promises or any requests that Cffie Fvans ever
made.
Q Let me also, just sO we're clear on this, let me
refer you again to this same transcript: this ia State of
LJ
again, let me at this time direct you to Offie Evans's testimony
at the bottom of 964 and 965. I think you were examining him
at that point in the record. Does he not indicate that the
homicide detectives who came out and talked to him were Harris
and Dorsey?
A. (Nods head affirmatively.)
0 You, yourself, were not involved in anv meetings
where Dorsey was present, along with yourself and Offie Fvans?
A Yeah, I remember it was at the Atlanta Police Department
with Harris and Jowers. Dorsey may very well have been in that
I don't remamber Dorsey being there.
o Okay.
A As I remember, it was Harris and Jowers.
0. Let ma ask you one more question, and that relates
to your discusaion of the cover sheet entries on the
investigative files that defense counsel were all able to
inspect. You were indicating that there was some information
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that defense counsel had cotten without an inspection of the
fille?
A Yes, sir.
4} Would defense counsel, in order to review the
bulk of the witnesses' statements that are contained in here
have had to come and read the investigative file?
A. Well, if they wanted to read ny file, obviously
they are going to have to come over and read it. I didn't
give them copies of the statements except their clients’
statements. There was a preliminary hearing transcript, I
don't know whether they had a copy of that now or not. But
Y 30 remanber there was a preliminarv hearing transcript. And
I don't remember who all had copies of it.
MR. STROUP: All that. That's all I have.
MR. DUMICH: I don't have anvthing more.
(Whereupon, the deposition was concluded.)
CERTIFICATE
GEORGIA )
FULTON COUNTY )
I, Foster Corbin, Certified Court Reporter, certify
that at the above-named deposition I did duly swear the witness
and that pages 1 through 21, inclusive, are a true and
complete transcription of my stenographic notes taken at the
deposition and that same was reduced to typewriting by me
personally.
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I further certify that I am neither of kin nor
counsel to any of the parties nor interested in the matter
financially.
County, Georgia on this the 23rd day of February, 1981.
(SEAL)
22
WITNESS my hand and official seal at Atlanta, Fulton
tf ZF
fel, (ol
FOSTER CORBI [N
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Sworn to and before me on this the
1981.
My commission expires
RUSSELL PARKER
day of
(Notary Public)
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Corrections to Russell Parker's deposition in Warren McCleskey
v. Walter Zant case,
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ATLANTA PULILL RAIL X | URIC 7 ~~ Past. Ene. R--
Li
STATEMENT OF OFFIE GENE EVANS RACE B 'erx-M ppp 8-15-33
HOME ADDRESS 2905 SPRINGDALE RD. APTTP3 CITY/STATE ATLANTA, GA.
BUSINESS ADDRESS UNEMFLOYED PHONES N/A 768-0723
BUSINESS / HOME
DETAILS:
I AM IN THE FULTON COUNTY JAIL CELL { 1 NORTH 14 WHERE 1 HAVE BEEN SINCE JULY 3,1978
FOR ESCAPE. WARREN MCCLESKY WAS IN CELL # 15, WHICH IS RIGHT NEXT TO MY CELL. BERN
DUPKEE WAS IN CELL 2 NORTH 15 WHICH 1S RIGHT ABOVE MY CELL AND MCCLESKY'S. RIGHT E
EACH ONE OF THE CELLS ARE TWO VENT HOLES. YOU CAN TALK THROUGH THESE VENT HOLES.
ON JULY 8, 1978 DUPREE CALLED. MCCLESKY AND HE WAS GETTING ON MCCLESKY ABOUT PUTTING
HIS NAME IN THE CONFESSION. HUPREE TOLD MCCLESKY "WHY DID YOU PUT MY NAME IN THAT
CONFESSION, WHEN YOU KNOW THAT THE PEOPLE CAN'T IDENTITY :[E?" DUPREE TOLD MCCLESKY
"SUPPOSE THAT I GO AHEAD ON AND TELL THAT YOU WERE THE TRIGGER MAN." MCCLESKY TOLD
DUPREE THAT HE DID NOT HAVE ANY OTHER CHOICE BECAUSE THEY HAD MADE HIM CONFESS TO Ti
DUPREE TOLD MCCLESKY "IF YOU WAS GOING TO CONFESS THEN WHY DID YOU TELL THE TRUTH A!
IT, YOU TOLD TOO MUCH OF THE TRUTH ABOUT 17." MCCLESKY TOLD DUPREE THAT "SOME OF T:
PEOPLE AT THE FURNITURE STORE PROBABLY TOLD IT AND THEY JUST MADE ME REPEAT WHAT SC
OF THE PEOPLE HAD TCLD." DUPREE TOLD MCCLESKY THAT "YOU ARE A CRAZY SON OF A BITCH
DUPREE TOLD MCCLESKY "EVERYTHING YOU TOLD THEM WAS THE TRUTH MAN, ITS' CLOSE TO
EXACTLY WHAT HAPPENED, IT IS GOING TO BE HARD TO GET THAT CONFESSION OFF, YOU MADE
SO PLAIN, SO CLOSE TO EXACTLY WHAT HAPPENED." "YOU KNOW THAT THE WOMAN AND AT TH:
FURNITURE STORE COULDN'T IDENTIFY YOU AT THE PRELIMINARY HEARING." MCCLESKY SAID
"THATS' THE REASON THAT I AM THINKING THAT I AM GOING TO GET MY LAWYER TO CHANGE MY
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO THE BEST OF
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HME..
oe] Ga al ! & 7 nd
SIGHATURE ~ +
WITNESS Z ow DATE_& CL er THE
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WITNESS ge or i wi VICTIM SCHLATT, FRANK R. (OFF.
WITESS, Arf COMPLAINT # 463542
FN=3769
.
£ uy
ATLANTA BUREAU OK OLICE SERVICES DATE} 78 TIME
STATEHENT OF OFFIE Gexr puawng RACE SEX DOB
HOME ADDRESS APT | CITY/STATE
BUSINESS ADDRESS PHONES :
/ nimt
DETAILS:
CONFESSION. DUPREE TOLD MCCLESKY THAT WAS GOINGTO BE REAL HARD TO DO. MCCLESKY
SAID "THE FIRST STATEMENT I MADE IN COBB COUNTY WHEN THEY PICKED ME UP, 1 TOLD THE
MAN UP THERE THAT I DID NOT KNOW NOTHING ABOUT IT PERIOD." "LATER ON THREE MEN
FROM ATLANTA HOMICIDE CAME UP WHERE AND GOT ME." MCCLESKY TOLD DUPREE "ON THE
WAY BACK DOWN HERE, HOMICIDE MEN SAID THAT "YOU ARE GOIN G TO TELL US THE TRUTH WHEN
WE GET BACK TO ATLANTA, CAUSE we BUST HEADS DOWN THERE. MCCLESKY SAID THAT THE
POLICE OFFICER THAT THE OFFICER SAID THAT HE FELT LIKE STOPPING THE CAR AND BUSTING
HIS HEAD THEN. MCCLESKY TOLD DUPREE THAT HE WAS SCARED. DUPREE TOLD MCCLESKY,
"YOU SCARED, DON'T YOU KNOW THAT FOR MURDERING A POLICE, YOU GET THE ELECTRIC CHAIR."
MCCLESKY TOLD DUPREE" IF THEY CAN TRY ME ON THE ONE I MADE IN ATLANTA, THEY CAN TRY
ME ONTHE ONE I MADE IN MARIETTA, TOO." MCCLESKY SAID "HE THOUGHT THAT HE COULD GET
THE ONE IN ATLANTA, PULLED BECAUSE HE SIGNED vO, ONE' IN ATLANTA AND ONE IN MARIETTA.
AND THAT HIS LAWYER THOUGHT THERE HAD TO BE SOME PRESSURE PUT ON HIM IN ORDER FOR
HIM TO SIGN TWO STATEMENTS, THE FIRST ONE SAYING THAT HE DID NOT KNOW ANYTHING ABOUT
IT, AND THE OTHER SAYING THAT HE WAS THERE. THEN THE DEPUTY WAS FIXING TO COME AROU
AND COUNT, SO THEY STOPPED TALKING. MCCLESKY COULD HEAR THE DEPUTY PUT THE KFYS INT
2 DOOR, SO HE JUMPED DOWN OFF THE SINK THAT HE STANDS ON TO TALK THROUGH THE VENT. THE
DEPUTY WENT ON THROUGH MADE THE COUNT AND THEN WENT ON BACK OUT. ABOUT 1C MINUTES
I HAVE READ/HAYE HAD READ TC ME/THE ABOVE STATEMENT AND IT | £/THE | STA IT IS TRUE YO -THE BE F
MY BELIEF AND KNOWLEDGE AND RAS BEEN GIVEN FREELY AND Ioana Bre.” pe
gr STATOR
WITNESS 45 Tres pre §/0./ 7% Tine
WITHESS TN [5 rd Tr i VICTIN SCELATT., FRANE 2. (OFF)
WITHESS a z onl ie COMPLAINT ¢ «4635.8
$M379 | § L%: 2 2
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TINE
STATEMENT OF OFFIE GENE EVANS - RACE SEX COB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
TORY 7
DETAILS:
LATER DUPREE CALLED MCCLESKY BACK AGAIN. DUPREE TOLD MCCLESKY THAT {lf STARTED
ALL THAT SHIT UP BECAUSE & vos 70 GET BEN MESSED UP BECAUSE 4iil§ ARD SOME DUDE
ROBBED XA PLACE IN BENS' CAR AND THE TAG NUMBER OFF THE CAR WAS GOT OFF." MCCLESKY
TOLD DUPREE "I DON'T THANK THATS' WHAT IT WAS ABOUT THA _n "THAT THUNDERBIRD BEEN
IN A WHOLE LOTS OF ROBBERIES! AFTER THEN DUPREE TOLD MCCLESKY "B* PULLED MORE
SHIT THANK BEN DO CAUSE SHE ALWAYS, YOU KNOW SHE PUTS OX MENS' CLOTHES ON AND YOU CAX
TELL HER FROM A MAN AND SHE ALWAYS SITTING AROUND BRAGGING ABOUT IT. THEY GOT
QUIET THEN.
THE NEXT DAY, JULY 9, 1978 AFTER BREAKFAST I TOLD WARREN MCCLESKY "I GOT A NEPHEW -
“MAN, HE IN A WORLD OF TROUBLE." MCCLESLY SAID "YEAH, WHAT THEY GOT HIM FOR?" 1 SAID THEY GOT HIM ACCUSED OF MURDER AND ROBBERY, BUT I SAID I DON'T THINK THEY GOT
HIM YET. MCCLESKY SAID " 1 MIGHT KNOW HIM, IS HE BEENI THE PENITENTARY BEFORE?"
1 SAID PYEAH, HE DID A PRETTY GOOD WHILE IX REIDSVILLE." MCCLESKY ASKED ME "WHAT !
HIS NAME." I TOLD HIM "BEN WRIGHT". MCCLESKY SAID "yoU BEENS' UNCLE." 1I SAID
"YEAH." HE SAID "WHETS' YOUR NAME?" 1 TOLD EIM THAT MY NAME WAS CHARLES. MCCLEY
: SAID "THEY GOT ME AND BEN ON THE SAME CASE." I SAID "OE, BEN WAS TELLING ME ABOUT
YAWL THE LAST TIME THAT 1 SEEN HIM." HE SAID "WHEN YOU SEE HIM." I TOLDMCCLESKY
I HAD SEEN HIM ABOUT A COUPLE OF WEEKS AGO. I TOLL HIM "BEN WAS TELLING ME ABOUT
I HAYE READ/HAVE HAD READ TC ME/THE ABOVE ST iE READ/HAVE HAD READ TO ME/THE 4BOVE STATEMENT AND THE BEST OF
Y F vi i IT
AY BELIEF AND KHCHLEGS: AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE.
Eh, nl —
: = — NAD
7 / STEARTURE r
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WITNESS | Tew Sr, Sp
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inter D7 fn bs
ing ree ete teimpn’ VICTIH SCRLATT. TRAE BR. (OF
grmzse #12 Lops oa COMPLAINT § 587548
FM179
ATLANTA BUREAU Ol 'OLICE ‘SERVICES DATE \ .-78 TIE ,
STATESRENT OF OFFIE GENE EVANS RACE SEX 0o8
HOME ADDRESS AT CITY/STATE
BUSINESS ADDRESS PHONES
: | BUSTHESS / FOE
DETAILS: &7
TRYING TO PUT HIM TN THE SHI. HE SAID "WHAT YOU MEAN BY THAT?" I SAID "BEN SAID
THAT ALL OF YAWL ARE TRYING TO PUT THE WEIGHT ON HIM, TRYING TO MAKE LIKE HE SHOT
THE-MAN IN THE ROBBERY WHEN HE DID NOT DO IT." MCCLESKY SAID "IT MIGHT BE ONE OF
THOSE OTHER of Fenvse I AIN'T TRYING TO PUT BEN IN NOTHING." I SAID "MAN I KNOW
YOU LYING BECAUSE I ISED TO STICK UP WITH BEN TOO, AND BEN AIN'T FAST ABOUT SHOOTING
NOBODY." I TOLD THEM THAT "BEN TOLD ME THAT YOU SHOT THE MAX YOURSELF." MCCLESKY
SAID "CAN'T NOBODY PROVE THAT I SHOT THE MAN, CAUSE THE LADY CAN'T IDENTIFY ME NO W!
I TOLD MCCLESKY "I WAS. SUPPOSE TO BEEN IN ON THE ROBBERY MYSELF, BUT IF YOU WASN'T
GREEDY, ALL OF THAT WOULD NOT HAVE HAPPENED, HHAT I COULD PLAN THINGS OUT BETTER TH:
THEN MCCLESKY CAME ON UP AND TOLD ME ABOUT IT. I SAID MAN "JUST WHATS' HAPPENED OVL
THERE." MCCLESKY COME To TELL ME "$i WENT OVER TO THE PLACE ABOUT A WEEK BEFORE ©
ROBBERY, MESSING AROUND. MSBP CHECKED THE PLACE OUT TO SEE WHERE THE MONEY DRAWER ¥
AND ALL LIKE THAT, HERE LAID IT OUT TO THEM ABOUT HOW MUCH YOU HAVE TO WATCE IN In
STORE WHEN YOU GO IN. MCCLESKY SAID THAT HE DOUBLE CHECKED THE PLACE THE SAME DAY ~
THEY ROBBED THE PLACE. MCCLESKY SAID THAT {MJP HAD A MAKE-UP KIT AND MADE HIS FACE
THE DAY HE ROBBED THE PLACE. HE SAID SHE PUT SOME PIMPLES LIKE ON HIS FACE AND SH:
PUT A SCAR SOMEWHERE ON HIS FACE, BUT HE DID NOT SAY WHERE BOUTS. MCCLESKY SAID TH
HE WENT TO THE STORE AND TALKED TO A LADY ABOUT BUYING SOME MERCHANDISE AND LOOKED
I HAVE READ/HAVE HAD READ TO ME/THE 4B0VE ST 45 : BOVE STATEMENT AND IT IS TRUE £
MY BCLIEF AND KNCWLECSGE AND HAS BEEN GIVEN FREZLY AND VOLUNTARILY Jo, In
Lr ~ Lo a)
2h STGIATURE
path ore gel FA TE E
+ ci DATE © TINE
WITHECS ; 2A hy i
LER Le gor oT yicT SCHLATT, TRAKK FE.
Tiss A 2 r. I Se
A i od CCHMPLAINT # 463548 TLW
FM2 20
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ATLANTA BUREAU OX OLICE SERVICES PALL he. 78 | art
STATEMENT OF _OQFFTT_GTNF EVANS RACE SEX COB
HO | ME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES :
CBUSTHESS / rust
DETAILS:
THE MERCHANDISE AND EVERYTHING, AND LEFT AND WENT BACK TO BENS' HOUSE, BUT BEN WASN'’
AT HOME BECAUSE THE POLICE WAS ALREADY LOOKING FOR BEN, SO BEN WASN'T STAYING AT HOM
MCCLESKY SAID " HE WENT AND PICKED UP DUPREE AND THIS OTHER GUY AND COME BACK TO BE
HOUSE." WHEN THEY COME BACK TO BENS' HOUSE THATS' WHEN THEY GOT SHOTGUN, A PISTOL A
A LEATHER JACKET- A SHORT LEATHER JACKET. HE SAID THAT THE LEATHER JACKET BELONGED
TO ANOTHER DUDE AND THE GUY LET BEN USE THE JACKET. MCCLESKY SAID "THATS' WHEN THE!
ALL MOBBED UP AND WENT TO GOTO THE PLACE. HE SAID HE STOPPED SOMEWHERE AND BOUGHT
TWO PAIR OF STOCKINGS. Wil SHE WAS DRIVING HER CAR DURING THAT TIME. WHEN THEY G¢
TO THE PLACE MCCLESKY WENT BACK TO TALK TO THE LADY ABOUT THE STUFF THAT HE WAS SUP:
TO BUY. MCCLESKY SAID "ER SHE STOOD RIGHT BY THE SHOWCASE WHERE YOU GOT INTC THE
FURNITURE STORE, OUTSIDE THE DOOR, ONTHE STREET SIDE LIZE, POR HER TO NOTIFY HIM IY
IT LOOKED LIKE THERE WAS ANY HEAT COMING ON , OR SOMETHING LIKE THAT." ARD HE TOLD
HER IF "YOU SEE ANYTHING THAT LOOKS SUSPICIOUS, YOU STEP RIGHT INSIDE THE DOOR, DON
SAY ANYTHING, JUST WALK RIGHT ON OU ." MCCLESKY SAID THAT HE WEST RIGHT IN FRONT A
THROWED DOWN ON TEE LADY AND SAID BEN AND TWO OR THREE OTHER DUDES COME INTHE BACK.
MCCLESKY SAID THAT HE WAS TRY ING TO WATCH — AND THE LADY TOO AND THE LADY THAT
HAD THROWED DOWN ON. AND THAT A LITTLE WHILE AFTER HE WAS IN THE STORE THAT HE SE!
| &
MEY STEP INSIDE THE DOOR AND WALK RIGET BACK OUT. MCCLESKY SAID THAT ABOUT THAT °
I HAVE READ/HAVE AD READ TO ME/THE ABOVE STATES :
"t YEP ars ae ABOVE STATERAENT AN UE TO -
MY BELIEF AND XHCWLEDSE AND HAS BEEN GIVEN FREELY AND VGLUNTARILY BY en pos) of
“en / .
4 } Id '
Ar red
vil
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THE POLICE WALKED IN THE STORE. BUT THL POLICE DIDN'T ACT LIKE HE WAS COMING IN FOR
NO ROBBERY. BUT HE SAID THAT HE DID SEE THE POLICE PUT THE HAND ONHIS GUN. AND RE
SAID THAT HE KNOWED RIGHT THEN THAT IT WAS GOING TO HAVE TO BE HIM OR MCCLESKY ONE.
CAUSE THE POLICE WAS HEADED TOWARD WHERE BEN WAS BACK THERE. AND MCCLESKY SAID THAT
HE PANICKED, HE JUST SHOT. MCCLESKY DID NOT SAY HOW MANY TIMES HE SHOT OR NOTHING.
MCCLESKY SAID WHEN THEY GOT Tone CAR, WER WAS UNDER THE WHEEL AND DUPREEE PUSHED
HER OVER. THEY WAY HE TALKED SOMEBODY WAS LATE GETTING TO THRE CAR, 1 DON'T KNOW WHIC
ONE IT WAS. MCCLESKY SAID i Bie 3, IT WAS A GOOD THING THAT DUPREE TOOK THE
WHEEL CAUSE THAT BITCH WOULD HAVE RUN OFF AND LEFT SOMEBODY." AND THEN 1 TOLDMCCLESKY
"HID YOU o, IS TH1S THEE WAY YOU TOLD THIS CONFESSION?" MCCLESKY SAID NoOME OF IT IN
THERE I TOLD, AND SOME Or IT I DIDN'T.Y ABOUT 2-3 MINUTES LATER DUPREE CALLEC MC-
CLESEY UP TO THE VENT. DUPREE SAID "WHATS' GOING ON." MCCLESKY SAID "AWL, WE AIN'T
DOING NOTEING BUT JUST TAILEZING." DUPREE TOLD MCCLESKY TOLD "r'M GOING BACK TO SLEEY
YOU KNOW I STAY UP ALL RICET." DUPREE TOLD ME, WELL EE DONE GONE BACK TO SLEEP. AN
THEN ME ANDMCCLESKY STARTED TALKING .BACK ACAIN. AND THEN I ASKED MCCLESKY WHAT KIND
EVIDENCE DID THEY HAVE ON HIM. MCCLESKY SAID "THEY AIN'T GOT NO EVIDENCE, NO MORE 7
WHAT I TOLD THEM DOWN THERE, AND I AIN'T GONE TO PLEAD GUILTY TO THAT." MCCLESKY TOL
ve "GH WEE COULDN'T HAVE TOLD THEM TOO MUCH, CAUSE IF SHE DID, SHE WOULD HAVE EEX
I HAVE RTAD/HAVE HAD READ TO ME/THE ABOVE STAT iT A T RUE TH ST
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ATLANTA BUREAU OF( JLICE SERVICES DATE. _=78 _ Tis
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS : PHONES
/ ROM
DETAILS: |
IN JAIL HERSELF. MCCLESKY SAID "AIN'T NOBODY COULD HAVE PUT THE HEAT ON THEM BUT
yy SHE WAS THE ONLY ONE WHO COULD HAVE TOLD THEM THE NAMES OUT AND TELL THEM ABOUT
THE GUNS THAT THEY HAD PICKED UP AT HER HOUSE, CAUSE SHE WAS TRYING TO CLEAR HERSELF
FOR SOME REASON. THE MAN CAME AROUND TO MAKE A COUNT UP AGAIN. WE STOPPED TALKING.
I WENT ON TO SLEEP.
THE NEXT DAY , JULY 10,1978 AROUND 9:00 A.M. WE STARTED TALKING AGAIN. MCCLESKY
SAID THAT THE MAN WHO OWNED THE JACKET SHOULD HAVE BEEN IN JAIL, HE DIDN'T KNOW WHY
THEY PICKED EIM UP AND QUESTIONED RIM AND TURNED HIM ALOOSE. THEN I TOLD MCCLESKY
"THAT MAN MUST HAVE KNOWN SOMETHING, TOO." MCCLESKY SAID "THE MAN WHO OWNED THE
JACKET COULDN'T HAVE KNOWN NOTHING ABOUT IT UNLESS Wy TOLD HIM." THEN I SAID "THE
AIN'T GOT NO GINS OR NOTHING MAN?" MCCLESKY SAID "NO." MCCLESKY SAID " I KNOW THEY
NEVER WILL FINI THE GUNS THAT I HAD, BECAUSE WHEN HE WAS ON HIS WAY BACK TO
MARIETTA, FROM DUPREES' OLD LADY HOUSE, HE THROWED THE PISTOL OVER THE BRIDGE OVER
THE CHATTAHOOCHE." MCCLESKY SAID THAT HE DIDN'T SEE BEN NO MORE AFTER THEN UNTIL
MAY 28, 1978. MCCLESKY SAID THAT BEN COME TO MARIETTA AND CALLED HIM FROM A SERVIC
STATION AND EE WENT TO THE SERVICE STATION -AND PICKED BEX UP. MCCLESKY SAID THAT E:
TOLD EIM THAT HE THOUGHT THERE WAS GOING TO BE SOME SHIT ABOUT THAT LATER ON, BECAUC
YW THOUGHT THAT THEY HAD BURNT SOME OFF THE MONEY OFF SOMEWHERE AND THAT HE AND
l HAY READ/HAVE HAD READ TG ME/THE ABOVE STATEMENT AND IT IS TRUE TO -THE BEST OF
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME..
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ATLANTA BUREAU OF “. OLICE SERVICES DATE 8-1-78 TINE
STATEMENT OF OFFIE GENE EVAng RACE . Sex DOB
HOME ADDRESS APT CITY/STATE 1
BUSINESS ADDRESS ; PHONES :
DETAILS: |
HAD BEEN HAVING AN ARGUMENT ABOUT THAT. MCCLESKY SAID THAT HE TOOK BEN T0 A FRIENDS'
OF KIS HOUSE, BUT BEN DECIDED TO GO TO A MOTEL AND STAY THAT NIGHT. MCCLESKY SAID
THAT HE WENT TO THE MOTEL THE NEXT MORNING AND PICKED BEN UP, AND BROUGHT BEN OVER TO
HIS HOUSE. AND HIM AND BEN PAINTED THE KITCHEN AND DUG THE YARD UP AND HIS BROTHER-I!
LAW WENT AND BOUGET SOME SEER, AND THEY SAT DOWN AND DRUNK THAT. MCCLESKY SAID THAT
HE HADN'T SEEN BEN SINCE THEN, NO MORE THAN TALK TO HIM ON THE TELEPHONE . DUPREE CALLE!
MCCLESKY. "HIM AND DUPREE WAS TALKING. THEY WASN' T TALKING ABOUT THIS ROBBERY. DUP:
WAS SAYING THAT HE NEVER COULD UNDERSTAND WHY HIS OLD LADY DIDN'T NEVER COME UP THERE
AND SEE KIM. DUPREE TOLD MCCLESKY THAT SHE MIGHT nr SCARED CAUSE WSEW{ COULD HAVE TOL
THE POLICE ABOUT THE MONEY BEING SPLIT UP AT HER HOUSE. ME AND MCCLESKY DIDN'T TALK
NO MORE FOR A COUPLE OF DAYS. BUT DURING THIS COUPLE OF DAYS DUPREE AND MCCLESKY TAL
TO EACH OTHER.
DURING THIS COUPLE OF DAYS THAT ME AND MCCLESKY DIDN'T TALK, MCCLESKY AND DUPREE WAS
TALKING ABOUT THE LAWYER. DUPREE ASKED MCCLESKY "HOW DID HE THANK THAT THE LAWYER
FELT ABOUT HIS CONFESSION?" MCCLESKY SAID THAT "THE LAWYER WAS FILING SOME MOTIONS
TO TRY AND GET THAT CONFESSION PULLED." DUPREE TOLD MCCLESKY THAT HE HAD TOLD HIM TH/
WAS GOING TO BE HARD TO DO. MCCLESKY SAID " 1 TOLD MY LAWYER THAT I WOULD GIVE EM
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE
Fr Sr E/THE ABOVE STATEMENT AND I |
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ATLANTA BUREAU of JLICE SERVICES pire ik -78 TIHE /
STATEMENT OF OFFIE GENE EVANS RACE SEX
DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES | TT BISIRESS 7 ROE
DETAILS:
$2,000.00 IF HE COULD GET THAT CONFESSION PULLED @UT. MCCLESKY SAID THAT THEY WOULDN
KNOW NOTHING UNTIL AFTER THEY GO TO THE ARRAIGNMENT. MCCLESKY SAID THAT THE WAY THE
LAWYER TALKED, THEY HAD A GOOD CHANCE OF BULLING THAT CONFESSION OUT, BECAUSE HE MADE
TWO. THEN DUPREE ASKED MCCLESKY "WHAT DID HE THANK ABOUT THAT CONFESSION THAT THE
OTHER GUY MADE?" MCCLESKY SAID "IT WOULD HAVE TO GO FOR THE SAME THING, BECAUSE
T THE OTHER GUY WAS FORCED INTO TELLING THE CONFESSION T00." MCCLESKY SAID THAT THE
OTHER GUYS' CONFESSION RESEMBLED THE SAME THANG. DUPREE SAID " IF THEM TWO CONFESSIC
RESEMBLE THE SAME THANG AND YOULL WASN'T IN THE SAME ROOM GIVING THEM OUT, THEN IT
IS GOING TO BE HARD GETTING THEM PULLED, CAUSE YEWL TOLD TOO MUCH OF THE SAME THING..
MCCLESKY SAID THAT IT WOULD JUST HAVE TO BE A CHANCE HE WOULD HAVE TO TAKE.DUPREE ASY
MCCLESKY "IS YOUR PARTNER STILL DOWN THERE?" MCCLESKY SAID "YEAH, SAY HE'S BENS' UNC
DUPREE SAID "I DIDN'T NO NOTHING ABOU BEN HAD NO UNCLE MAN, YOU DON'T KNOW WHO THE RH!
YOU TALKING TO, YOU COULD BE TALKING TO THE MAN." MCCLESKY TOLD DUPREE "NAW MAN, HE
all MAN, CAUSE HE KNOW A LOT OF PEOPLE THAT IKNOW AND I'M JUST ABOUT SURE THAT
K NOW HIM." THEN 1 STARTED TALKING TO DUPREE ABOUT REIDSVILLE. I HAD JUST ABOUT MA.
DUPREE KNOW ME HIMSELF FROM TELLING HIM ABOUT REIDSVILLE. I TALKED ABOUT A LOT OF
THINGS THAT HAPPENED DOWN TEERE, A LOT OF THINGS DUPREE DID WHILE HE WAS IN REIDSVIL
AND WHO HE WAS RUNNING WITH, AND ABOUT A SAWED OFF SHOTGUN THAT HE AND A GUY NAMED
I HAVE READ/HAYE HAD READ TO ME/THE ; ABOVE STATEMENT
MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY Ta IT Is TRUE 10TH ne
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ATLANTA BUREAU ob POLICE SERVICES DATE ‘go 1078 TIME
STATERENT OF QFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE
BUSIRESS ADDRESS PHONES |
DETAILS:
|
CERNE HAD COT CAUG HT WITH BACK IN 1973 , BUT SEE SANEEERE WAS Tur ONE WHO
HAD_TOLD ME ABOUT THAT HISSELF. THATS' HOW I KNOWED ABOUT THAT CAUSE I HAD SEEN {li
BACK IN 1976, DOWNTOWN, ONE DAY AND SEmtREmg WAS TELLING ME ABOUT HE AND DUPREE GOT
BUSTED TOGETHER. DUPREE GOT ALLRIGHT THEN, KIND OF TALKED A LITTLE BETTER. ALLRIGE"
THEN MCCLESKY STARTED TALKING ABOUT A JOB. MCCLESKY SAID "YOU KNOW WHAT, THEY MIGHT
END UP WITH ANOTHERROBBERY ON ME?" 1 ASKED MCCLESKY WHY. MCCLESKY SAID "WE TOOK OF!
A PLACE ON 'MCDANIEL ST., A LIQUOR STORE AND HE SAID THAT HE BELIEVED THAT SOMEBODY W
GOING TO TELL THAT, CAUSE HE KNEW ONE OR TWO GUYS WHO KNEW. I SAID MAN, COULD YOU
IDENTIFY YOU FROM THE LIQUOR STORE. MCCLESKY SAID THAT HE DID NOT KNOW. BUT MCCLES
SAID THAT HE WAS SCARED THAT IT EIGHT COME AT ANY TIME. MCCLESKY GOT BACK ON SE |
MCCLESKY SAID THAT THEY WAS ALL SITTING OVER TO BENS' HOUSE ONE DAY SMOKING REEFERS
AND DRINKING BEER AND Wl TOOK THE CAR AND WAS SUPPOSED TO BEEN GOING TO TRE STO!
SAID SHE STAYED GONE SO LONG THEY STARTED WORRYING ABOUT HER. AND SAID THEY DIDN'T.
KNOW WHERE SHE WAS AT, BUT LATER ON SHE COME BACK HOME AND TOLD THEM THAT THE POLICE
HAD STOPPED THE CAR AND BROUGHT HER TO JAIL AND TOLD THEM THAT THE POLICE SAID THE
CAR HAD BEEN IN A ROBBERY. MCCLESKY SAID THAT THEY DAMN NEAR HAD HER BUT BETWEEN
! HAVE READ/HAVE HAD READ TO ME/THE »
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MITHESS A. 2 fein COMPLAINT § Siie oe
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ATLANTA BURE Uo ‘OLICE SERVICES DATE | 1.78 TIME /
STATEMENT OF ____OFFIE GENE EVANS RACE SEX cos
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
| ~ BUSIRESS 7 HORE ij
DETAILS:
HER COMING IN LOOKING LIKE A WOMAN, PULLING THE WIG OFF LOOKING LIKE A MAN, SHE BLIPP
THROUGHTHOSE SUCKERS' HANDS. AND SAID THAT BEN ASKED HER WHAT DID SHE TELL. MCCLESKY
SAID THAT =B DIDN'T TELL THEM NOTHING, BUT SHE DIDN'T. KNOW NOTHING ABOUT IT. MCCLE
SAID THAT HIM AND DUPREE TRIED TO FIGURE OUT WHAT ROBBERY IT COULD HAVE BEEN WHERE TE
GOT THE TAG NUMBER OFF THE CAR. MCCLESKY SAID THAT THE ONLY THING HE COULD THINK OF
WAS WHERE . AND “THEM HAD PROBABLY TOOK THAT CAR AND DID SOMETHING IN IT.
WARREN SAID BUT " I DON™T KNOW, THAT JOB THAT I WAS TELING YOU ABOUT THE LIQUOR STORE
PETERS ST., SAID THAT THEY MIGHT HAVE GOT IT FROM THERE. DUPREE CALLED MCCLESKY
AND HIM AND MCCLESKY WAS TALKING ABOUT " . HAD TWO DIFFERENT KINDS OF MONLY ORDERS
AND SAY THAT THE ONE THAT THEY HAD GOT FROM OUT TO BOLTON RD. WERE TWO DIFFERENT KINDS
i
OF MONEY ORDERS AND HE DIDN'T EVER FIND OUT WHERE THEM OTHERS COME FROM, WHERE THEY
& OUT OF A ROBBERY OR WHAT, BUT HE KNOWED THE ONES THAT THEY RAD TBAT HE RNQUED ABO
THEM WAS SUPPOSED*'TO BEEN DONE AWAY WITH, SAY @8EE CALLED THEM ABOUT Shan
SATURDAY MORNING AND ASKED THEM TO RIDE HER AROUND SO THAT SHE COULD CASH SOME OF TH:
MONEY ORDERS AND HE TURNED HER DOWN. MCCLESKY SAID THAT HIM AND ry de GETTING
ALONG TOO GOOD, THAT COULD BE ONE REASON WHY THAT SHE TOLD THAT ON w MCCLESKY SA]
THAT THE REASON THAT SHE HAD TOLD IT WAS THAT SHE WANTED TO GET SOME OF THE PRESSURE
HER CAUSE SEE HAD DONE A WHOLE LOTS OF ROBBERIES HERSELF., AND THAT SHE AND AEERTITO
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND I | : : T IS TRUE 70 - MY BELIEF AND KNOWLECGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE. pa
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ATLANTA BUREAU of. 20LICE SERVICES DATE 4 TINE
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE 3
BUSINESS ADDRESS PHONES
[HORE
DETAILS: |
WHO WAS SUPPOSED TO HAVE BEEN HER HUSBAND, HAD DONE A LOT OF ROBBERIES TOGETHER. AND
THEN.MCCLESKY ASKED ME IF I EVERY KNOWED A GUY BY THE NAME OF , ANYWAY HE GOT KILLED,
NAMED LEGS, SAID THAT HE AND QW AND JENSEN USED TO DO A LOTS' OF ROBBERIES.
MCCLESKY SAID THAT BECAUSE "NER AND JSSSSENNENNR AND MM HAD PULLED A ROBBERYON
GORDON RD. AT A LIQUOR STORE WHERE SOME MAN WAS KILLED, SAID gS DID THE KILLING,
BUT WENN WAS IN ON IT. MCCLESKY SAID THEY LOCKED i UP AND on ESCAPED OUT OF THE
BIG ROCK JAIL AND WENT TO A DUDE'S HOUSE, I THINK THEY SAID EIS NAME HAS SGEGEEEEES, AND
HE SAID THAT jl WAS ONE OF THE PEOPLE WHO KNEW THAT {JR WAS AT jE» HOUSE AND THE
POLICE SURROUNDED THE HOUSE AND KILLED G@¥8 IN A SHOOTOUT. AND HE SATD THAT IS XHE
PROBABLY THE REASON THAT QR? KEEP RUNNING BACK AND FORTH. DUPREEE RND MCCLESKY STARTE
TALKING AGAIN SAYING "THAT THEY HOPED THAT ENOUGH HEAT WAS ON BEN, SO THAT THEY WOULD K
BEN WHEN THEY RAN DOWN ON IT, AND IF THEY DOKILL HIM, IT WOULD BE BETTER IN THEIR FAVOR
BECAUSE HE KNOW THAT BEN WAS Zl ABOUT THEM POINTING THE KILLING AT HIM, CAUSE THEY
KNOW THAT BEN WOULD GO AND TELL THE TRUTH TO KEEP FROM GETTING TIED UP IN THAT MURDER.
DUPREE TOLD MCCLESKY § TIMES OUT OF 10, THEY ARE GOING TO KILL KEIM ANYWAY BECAUSE BEN
WASN'T AS SMART AS HE THOUGHT THAT HE WAS, CAUSE HE BET THAT BEN WASN'T 200 MILES FROM
| ATLANTA, AND COMING IN AND OUT OF ATLANTA, CAUSE HE SAID THAT THE NIGGER DON'T KNOW
NOBODY BUT SOMEBODY BEEN IN AND OUT OF THE PENITENTARY, CAUSE HE BEEN IN JAIL JUST ABOU
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO -THE BEST OF MY BELIEF AND KNOWLEDSE AND HAS BEEN GIVEN FREELY AND Yous BY HE..
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KITHCCS = 2 = os a ‘ VICTIM SCHLATT, FRANK R. (OFF.)
KITHESS 72. 3 Crea COMPLAINT § 463548 VLW
FM370
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: A ‘ «78 J
AT_ANTA BUREAU of POLICE SERVICES DATE \ TINE
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE :
BUSINESS ADDRESS PHONES
DETAILS:
WHO WAS SUPPOSED TO HAVE BEEN HER HUSBAND, HAD DONE A LOT OF ROBBERIES TOGETHER. AND
THEX-MCCLESKY ASKED ME IF I EVERY KNOWED A GUY BY THE NAME OF , ANYWAY HE GOT KILLED,
NAMED LEGS, SAID THAT HE AND QW AND SSERSNEEEN® USED TO DO A LOTS' OF ROBBERIES.
MCCLESKY SAID THAT BECAUSE "NER AND {NESEENNSNNF AND SWS HAD PULLED A ROBBERYON
GORDON RD. AT A LIQUOR STORE WHERE SOME MAN WAS KILLED, SAID SJ DID THE KILLING,
BUT WENN WAS IN ON IT. MCCLESKY SAID THEY LOCKED EE; UP AND EE ESCAPED OUT OF THE
BIG ROCK JAIL AND WENT TO A DUDE'S HOUSE, I THINK THEY SAID HIS NAME EAS VGNGEREES, AND
HE SAID THAT jy WAS ONE OF THE PEOPLE WHO KNEW THAT {JR WAS AT JMSlED HOUSE AND THE
POLICE SURROUNDED THE HOUSE AND KILLED GES IN A SHOOTOUT. AND HE SAID THAT IS XEX
PROBABLY THE REASON THAT Q@W® KEEP RUNNING BACK AND FORTH. DUPREEE HND MCCLESKY STARTE
TALKING AGAIN SAYING "THAT THEY HOPED THAT ENOUGH HEAT WAS ON BEN, SO THAT THEY WOULD K
BEN WHEN THEY RAN DOWN ON IT, AND IF THEY DOKILL HIM, IT WOULD BE BETTER IN THEIR FAVOR
BECAUSE HE KNOW THAT BEN WAS ne. THEM POINTING THE KILLING AT HIM, CAUSE THEY
KNOW THAT BEN WOULD GO AND TELL THE TRUTE TO KEEP FROM GETTING TIED UP IN THAT MURDER.
DUPREE TOLD MCCLESKY § TIMES OUT OF 16, THEY ARE GOING TO KILL KIM ANYWAY BECAUSE BEN
WASN'T AS SMART AS HE THOUGHT THAT HE WAS, CAUSE HE BET THAT BEN WASN'T 200 MILES FROM
ATLANTA, AND COMING IN AND OUT OF ATLANTA, CAUSE HE SAID THAT THE NIGGER DON'T KNOW
NOBODY BUT SOMEBODY BEEN IN AND OUT OF THE PENITENTARY, CAUSE EE BEEN IN JAIL JUST ABOU
| HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO ‘THE BEST OF MY BELIEF AND RNOWLEDSE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE..
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MEeNzeS L. VICTIM SCHLATT, FRANK R. (OFF.)
H]TKESS COMPLAINT # 463548 VLW
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ATLANTA BUREAU 0} OLICE SERVICES DATE b..,-78 TIME :
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT Brav/siare
BUSINESS ADDRESS PHONES :
: SS / HOME
- DETAILS: |
HIS LIFE. MCCLESKY SAID THAT "NO HE AIN'T HARDLY AROUND NONE OF THEM PEOPLE WHO
BEEN AROUND THE PENITENTARY, CAUSE THEY WOULD HAVE BEEN TURNED HIM IN AND GOT THAT
REWARD OFF HIM. DURREE ALWAYS SAY "YOU GET IN TROUBLE, YOU CAN GO TO HARLEM AND
STAY 20 YEARS, JUST DON'T GET IN NO TROUBLE. MCCLESKY SAID "J GUESS YOU RIGHT ON
THAT, BUT THAT BEN AIN'T GO STAY OUT OF TROUBLE, CAUSE BEN DON'T KNOW HOW TO DO
NOTHING BUT STICK UP. MCCLESKY SAID "YOU BETTER SHOW HOPE THAT HE GET KNOCKED OFF
AND THEY DO CATCH HIM CAUSE HE WILL DO ANYTHING TO KEEP FROM GETTING THAT ELECTRIC
CHAIR CAUSE HE KNOW THATS' WHAT CRIMES LIKE THAT RUN TO. ABOUT THAT TIME SOMEBODY
ELSE CAME IN, I DON'T KNOW WHO IT WAS, AND THEN MCCLESKY STOPPED TALKING.
SOME OF THE OTHER THINGS THAT MCCLESKY AND DUPREE SAID DURING THEIR CONVERSATIONSS
WERE:
A) MCCLESKY SAID THAT HE HAD A GIRL FRIEND NAMED JE. HE SAID THAT HE HAD
A GIRL FRIEND FOR A WITNESS, HIS SISTER, AND HE SAID THAT HE HAD ANOTHER ONE,
BUT 1 CAN'T THINK OF THE NAME, BUT HE SAD THEY WERE GOING TO TESTIFY THAT
DURING THE DAY WHEN THE ROBBERY JUMPED OFF, THAT HE WAS IN MARIETTA THAT DAY
AND THAT HE DIDN'T COME TO ATLANTA UNTIL ABOUT 3:30 P.M.~4:00 P.M, AND SAY
THAT HE HAD ALREADY GOT A MAN IN MARIETTA TO WRITE A LETTER SAYING THAT ON
ANOTHER ROBBERY UP THERE, THAT HE WAS AT THE PLACE WORKING WHEN TREAT ONE CAME
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STAT y AD RE E/THE ABOVE STATEMENT AKD IT IS T MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE Tish
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STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT | CITY/STATE
BUSINESS ADDRESS : PHONES
DETAILS:
|
OFF IN MARIETTA. THAT HE WAS GOING TO TRY AND GET THAT SAME MAN WHO GAVE HIM TH
ALIBI IN MARIETTA, TO GIVE HIM AN ALIBI FOR THE ROBBERY THAT HAPPENED IN ATLANTA
THAT HE HAD SEEN HIM THAT DAY THAT THE ROBBERY CAME OFF. MCCLESKY SAID "NOW THE
AIN'T GO LET ME MAKE NO PHONE CALL, BUT THEY WILL LET YOU MAKE ONE, NOW I WANT
YOU TO CALL YEiNER, ASK HER IF EVERY THING WAS ALLRIGHT AND CEECK WITH THE PEOPL
AND FOR HER TO CHECK WITH THE PEOPLE AND COME OUT THERE SUNDAY AND LET HIM KNOW
SUNDAY WHEN SEE CAME TO VISIT HIM, AND LET HIM KNOW WHAT WAS GOING ON. MCCLESK
WROTE THE NUMBER ON A PIECE OF PAPER AND THROWED THE NUMBER OUT ON THE HALLWAY
AND PUT THE BLANKET OVER THE PIECE OF PAPER UNTIL I GOT IT. THIS IS THE SAME
PIECE OF PAPER THAT I GAVE TO DET. HARRIS, DET. DORSEY AND DIST. ATTORNEY PARKE
WHEN THEY CAME TO INTERVIEW ME. THERE WAS TWO: PIECES OF PAPER WITH SERERe -
Ox Ir. 1 TRIEDTO CALL wumss® WHILE THE D. A. AND THE DETECTIVES WERE SITTING
THERE BUT I WAS UNABLE TO GET AN ANSWER, THE PHONE JUST RANGED. THATS' WHAT IL
TOLD MAC WHEN I GOT BACK TO THE CELL. HE SAID "OK, SHE'LL PROBABLY BE OUT HERE
05
(MCCLESKY)
SUNDAY. THEN MCCLESKY SAID THAT "WHEN THE POLICE COME TO HIS HOUSE IN MARIETI/
HE SAID THAT THEY JUST DID OVERLOOK SOME MONEY ORDERS, THAT THEY LOOKED IN
WEEP POCKETBOOK AND FOUND TWO OR THREE REEFERS, AND OVERLOOKED A GUN, I TE
I HAVE READ/HAVE HAG READ TO ME/T
Yo Ta ae YAY ROAD TO J/70C ABOVE STATEMENT BELIEF AND KNOWLECGE AND HAS EEEH GIVEN FREELY AND VOLUNTARILY BY Neo oo! ©
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ATLANTA BUREAU oF. SLICE SERVICES DATE os TINE
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HOME ADDRESS
= : APT CITY/STATE BUSINESS ADDRESS
PHONES
7
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| THAT HE SAID IT WAS A 25 AUTOMATIC THAT BELONGED TO HIS OLD LADY, THAT IT WAS
— IN THE REFRIGERATOR. HE SAID THAT SEES HAD GOT $500.00 BOND FOR THE REEFERS
THAT WERE FOUND IN HER POCKETBOOK. MCCLESKY SAID .THAT HE WASN'T TOO MUCH
WORRIED ABOUT THOSE CASES CAUSE THE D. A. WAS TRYING TO GET SOMEBODY TO TURN
STATES' EVIDENCE, THAT THERE WASN'T NOBODY TO TESTIFY BUT YEE AND SHE WAS IN
ON IT HERSELF TOO. LATER ON MCCLESKY SAID THAT HE WENT TO COURT TO BE INDICTED
ON A RUBBERY, MURDER CHARGE AND HE BE GOT DAMN IF THE D. A. DIDN'T COME UP WITH
A SECRET INDICTMENT ON HIM. T TOLD HIM "YOU KNOW YOU CAN'T GET NO TIME FOR NOTHI
LIKE THAT." MCCLESKY SAID THAT HE DIDN'T KNOW THAT HE THOUGHT THAT HE SEEN SOME-
BODY IN THE COURTROOM THAT HE KNOWED THAT COULD HAVE PINPOINTED HIM ON THE SCENE.
\
Rk&% DUPREE SAID THAT HE HAD A SHOTGUN CASE OUT IN DEKALB COUNTY, A SAWED OFF SHOTGUN,
HAND THAT SHOTGUN HAD BEEN IN ON SOME ROBBERIES, TOO.
*** MCCLESKY TOLD ME "MAN THE SHERIFF IN COBB COUNTY TOLD ME THAT HE DIDN'T LIKE HOW
THEY WAS DOING HIM, THE ONES WHO HAD WENT TO PICK HIM UP, AND THAT ON HIS WAY BAC:
HE FIRURED THAT IT WAS GOING TO BE SOME SHIT WHEN TEEY GOT HERE IN ATLANTA® AND
WHEN THEY GOT HERE IN ATLANTA, AND STARTED QUESTIONING. THAT HE WAS INTENDED TO
MAKE THE SAME CONFESSION THAT HE HAD MADE IN MARIETTA. HE SAID THAT THEY -QUESTIO:
BELLE ars o tio oS ET STI ao 1 1s ve ro Bam
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STGRRTORE is § AL TNE Zz ol At
pire 7, Ap TINE | HITNRES Le Re | J VICTIM SC ATL. TRANG. Ronee WITKESS 4 2 aa
COMPLAINT § 463548 wo
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So * pore wna : . % :
i
pl ATLANTA BUREAU ‘0P\.. OLICE SERVICES DATE___o-1-78 TIME !
STATEMENT OF OFFIE GENE EVANS RACE SEX Dos ;
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
DETAILS:
HIM A WHILE. MCCLESKY SAID THAT THIS GREAT BIG SON OF A BITCH GRABBED ME BY
_. MY COLLAR AND SNATCHED ME OUT OF THE CHAIR, SNATCHED ME OUT OF THE CHAIR,
AND HIT HIM UP SIDE HIS HEAD, AND SAID "YOU KNOW YOU SHOT THAT MAN, DIDN'T
YOU DO IT.? MCCLESKY SAID THAT HE SAID "NAW." MCCLESKY THAT THE DETECTIVE
KEPT ON. MCCLESKY SAID THAT HE TOLD THE DETECTIVE THAT ANYTHING THAT YAWL
WANT ME TO SAY, I'LL SAY IT. MCCLESKY SAID THAT THE DETECTIVE WENT ON TO TELLING
HIM ALL THAT HE WANTED HIM TO SAY AND THAT ALL HE DID WAS SAY YEAH. I TOLD
HIM THAT HE WAS JUST A FOOL, THAT IF I DIDN'T KILL A POLICE, I WOULDN'T SAY IT.
MCCLESKY SAID THAT HE THOUGHT THAT HE WOULD HAVE A BETTER CHANCE IF HE WOULD:
GO AHEAD AND SAY IT THE WAY THEY WANTED HIM TO SAY IT, AND .GONE AND TELL HIS
LAWYER ABOUT IT, AND SEE COULDN'T HIS LAWYER DO SOMETHING ABOUT THAT." MCCLESKY
SAID THAT THE LAWYER SAID THAT HE THOUGHT THAT HE COULD HANDLE IT, BECAUSE THE®
DIDN'T HAVE 'NO SMART D. A.'S OVER THERE NO WAY.
**%% MCCLESKY.TOLD DUPREE AND TOLD ME LATER ON. THAT WHEN HE WAS GOINGTO ROB THAT
HE WAS LOOKING FOR LIFE AND DEATH, THAT HE WOULD RATHER LIVE ALL HIS LIFE IN
THE PENITENTARY THAN TO BE DEAD. THAT HE DIDN'T GIVE A DAMN IF IT HAD BEEN A
DOZEN OF THEM SON OF A BITCHES THAT HE WOULD STILL HAVE TRIED TO SHOOT HIS WAY OU
DUPREE SAID THAT WHEN IT COME DOWN TO KILLING, THAT'S IT. DUPREE "YOU DAMN SURE
I RAVE KREAD/HAYE HAD READ TO ME/T A
|
| HAY 13 THE ABOVE STATEMENT RUE Y BE Y HY BELIEF AND KNOMLEDEE AND HAS BEEN GIVEN FREELY rua So pe
Aa >, Ve
STGRATURE 77 aon
WITNESS il
{7 7 DATE Fo 7 TIME
Tynes PN C—O og
a ry a ¢
= — YC il VICTIM SCHLATT, FRANK R. (OFF.)
nlTHESS SH. oe
—— COMPLAINT §# 463548 adh
a32a : 5
ATLANTA BUREAU OF' ~OLICE SERVICES DATE tors TIME
~
STATEMENT OF Arrir GENE FVANS RACE. St» DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES
; ~ BUSINESS 7 FORE
DETAILS: |
RIGHT.
gy
kkk I OVERHEARD MCCLESKY AND DUPREE TALKING ABOUT ANOTHER GUY WHO HAD BEEN
ARRESTED. THEY CALLED HIM 4 OR WR, I DON'T REMEMBER WHICH ONE. TBEY
WERE TRYING TO FIGURE OUT HOW THEY COULD GET TO HIM AND TALK TO HIM AND
TELL HIM TO GET HIM SOME WITNESSES AND NOT TO MAKE A DEAL WITH THE D. A.
BECAUSE THEY NOT GOING TO DO NOTHING BUT TRICK HIM. ALL THE D. A. 1S GOING
TO DO IS TELL HIM WHAT HE GOING TO RECOMMEND AND SAY AFTER HE RECOMMEND, THE
JUDGE NOT GOING TO GO ALONG WITH THE RECOMMENDATIONK. MCCLESKY AND DUPREE
SAID THEY HOPED THAT THIS OTHER MAN NEY" DON'T GET WEAK AND STICK TO HIS
STATEMENT. TEEY SAID THAT THE OTHER MAN HAD A RLATE IN HIS HEAD AND THEY WERE
GOING TO TELL HIM THE REASON HE PLEAD GUILTY WAS BECAUSE HE DID NOT WANT TO GET
BEAT BECAUSE OF THE PLATE IN HIS HEAD. MCCLESKY SAID THAT HIS LAWYER, JOHN
TURNER TOLD HIM THAT THE D. A. WAS GOING TO TRY AND GET ONE OF THEM, J) &
0) 2 TO TURN STATES' EVIDENCE SO HE WANTED TO GET IN TOUCH WITH THIS OTHER
MAN SO HE WOULDN'T FALL FOR THIS. DUPREE SAID THEY DIDN'T THANK THEY COULD
BE PUT IN THE PENITENTARY OFF OF WHAT WER SAID BECAUSE IF SHE KNOW TOO MUCH
IT WOULD SHOW THAT SHE WAS ON THE SCENE, OR WAS A CONSPIRACY TO WHAT HAPPENED.
DUPREE SAID THAT &msm® TOLD HIS LAWYER THAT THEY DID NOT HAVE NOTHING TODO WITH
I HAVE READ/HAVE HAD READ TC ME/THE ABOVE STATEMENT : : ABOVE STATEMENT AND IT IS T THE BE MY BELIEF AND KNOMLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME. ©
- 7 >)
Co rot Los tami
2, 77 SIGAATURE //
WITNES { fe
i Ld Lt pre © 0 SOF mg
Tees A Rta, WITNESS ol ln rT, VICTIM SCELATT, FRANK R. (OFF.)
pit
$$ 2 0 Clr CCMPLAINT # 463548 VIM
ATLANTA BUREAU orl. OLICE SERVICES DATE % =78 TIME i
STAT OFFIE GENE EVANS EMENT OF RACE SEX____ DOB
HOME ADDRESS APT____ CITY/STATE
g
;
.
USINESS ADDRESS PHONES
: ~ BUSINESS 7 HOME
DETAILS: ;
THE ROBBERY. THAT WAS THE FIRST LAWYER THAT DUPREE SAID. THE LAWYER SAID
THAT HE COULD NOT TESTIFY U0 THAT AND REPRESENT THEM TOO, SO HE WOULD JUST
GET OFF THE CASE. SO THATS' WHAT HAPPENED TO THE FIRST LAWYER.
#%%* ONE DAY DUPREE TOLD MCCLESKY "YOU KNOW I ALWAYS BEEN DOING YOU RIGHT, BUT
YOU PUT MY NAME IN THE CONFESSION AND YOU KNOW THEY COULDN'T IDENTIFY ME
OR NOTHING. AND WHAT WOULD YOU THINK IF I JUST GO ON LATER AND COME OUT
AND TELL THEM THAT YOU WERE THE TRIGGER MAN. THEN MCCLESKY TOLD DUPREE
"YOU KNOW THAT I DIDN'T HAVE A CHOICE BUT TO PUT YOUR NAME IN IT, CAUSE on
TOLD THEM ALL OF OUR NAME ANYWAY." DUPREE SAID '¢@EER® HAD A BAD RECORD AND
WHEN SHE GET ON THE STAND, SHE GOING TO INDICATE HERSELF BEGAUSE SHE KNOWS
TOO MDCH, THAT SHE WOULD HAVE TO BE IN ON IT TO KNOW THAT MUCH, THAT A MAN
WOULDN'T GO AND TELL EER ALL OF WHAT SHE IS GOING TO TELL, THE WAY SHE IS GOING
TO TELL IT. MCCLESKY SAID THAT "WITNESSES CAN GET YOU IN THE PENTTENTARY ND
WITNESSES CAN GET YOU OUT, CAUSE HE HAD THREE WHO WERE GOING TO TESTIFY WHERE
HE WAS AT DURINGTHE TIME THAT THE ROBBERY HAPPENED. MCCLESKY TOLD DUPREE THAT H
WISHED THAT HE KNOWED SOMEBODY IN THE STREET THAT HE COULD MAKE SOME ARRANGEMENT.
NOT
FOR omumg™ 0 COME TO COURT. THAT HE DIDN'T BELIEVE THAT SHE WAS COMING ANYWAY
I HAVE READ/HAVE HAD READ TO ME |
2 } ME/THE ABOVE STATEMENT AND : BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VGLUNTRRILY BY HE. pay
7 oH A1TL ey
WITNESS L i ons DATE ro So TIME
-
HITHESS (TY / dl
sn x. 20h VICTIM SCELATT, FRANK R. (OFF.)
ITH Z C A ars >
THES COMPLAINT ¢ SCHLATT, FRANK R. (OFF,
MITE : ; | L63548 VLIW
ATLANTA “BUREAU oh #OLICE SERVICES DATE 81-78 TIME
STATDNENE OF er cove oun RACE . SH DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES |
: / HOME
CETAILS: |
*%* DUPREE TOLD MCCLESKY "IT MIGHT HAVE BEEN A BETTER THANG IF BEN, HAD GON: ON AND
— KILL YOU WHEN WE WAS OVER IN TECHWOOD. I ASKED MCCLESKY LATER ON WHAT DUPREE
WAS TALKING ABOUT. AND HE SAID "YEAH ME AND BEN HAD A LITTLE RUN IN, I THANK
sul) WAS THE CAUSE OF BEN JUMPING ON ME " MCCLESKY SAID THAT HE WAS SAVING
BENS' Sos WELL AS HE WAS SAVING HIS OWN. MCCLESKY SAID THAT BEN HAD JUMPED
~ON HIM ,THAT HE CAME UP TO HIM AND SNATCHED HIM OUT OF THE CAR AND TOLD HIM
"MAN WHAT THE HELL YOU DO THAT FOR, DON'T YOU KNOW THAT YOU DONE GOT ALL OF US
FUCKED UP CAUSE YOU SHOT THE GOT DAMN POLICE."
: *%x* MCCLESKY SAID THAT WHEN THEY WENT TO THE PRELIMINARY HEARING THEY TALKED TO
re
' pen E ;
: THE DUDE, <#s OR a». AND TOLD HIM NOT TO FALL FOR OT OF THAT SHIT.
°F
x*xTHE FOLLOWING QUESTIONS ARE BEING ASKED OF MR. EVANS BY DET. W. HARRIS, J
OF THE ATLANTA POLICE DEPARTMENT HOMICIDE SQUAD AND BEING WITNESSED BY MR
RUSS PARKER AND INV. GRADY ESKEW OF THE FULTON COUNTY DISTRICT ATTORNEYS
OFFICE:
Q: EARLIER IN YOUR STATEMENT YOU TOLD US ABOUT . LENGTHY CONVERSATIONS YOU HAD
WITH WARREN MCCLESKY, HOW WERE YOU ABLE TO CARRY ON THESE CONVERSATIONS WITHOUT
DUPREE BEING ABLE TO HEAR? HOW COULD YOU HEAR TEE CONVERSATIONS BETWEEN MCCLESK
AND DUPREE?
5
pe oo DUTRELLY THAT DUPREE COULD HEAR US TALKING WAS THAT HE WOULD HAVE TO Bt uP
1 HAVE READ/HAVE HAD READ TG ME/THE ABOVE ST R £ 8BOVE STATEMENT AND IT IS ;
MY BELIEF AND KNOWLEDSE AND HAS BEEN GIVEN FREELY AND Soot Bn
~
aor, 4 le YF
2 SIGNATURE /
WITNESS __ Fr 7 2
itt pire Zr ATE pe
LIT ™Noswm Vy = We i amyat h VICTIM SCHLATT, FRANK R. (OFF.)
ThE, wad 7 FE od E 3 = * iriness A.D Lol COMPLAINT § 463548 VLW
TAD
i cael 9
wo a i : A
ATLANTA BUREAU ‘Of 4OLICE ‘SERVICES DATE th .-78 TINE !
STATEMENT OF OFFIE GENE EVANS RACE SEX DOB
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS PHONES -
DETAILS:
TO THE VENT CAUSE HE WAS OVER US, SO WE LAID DOWN ON THE FLOOR, MCCLESKY WAS ON
IH FLOOR AND I WAS ON MY BED, AND WE TALKED AROUND THE BARS FROM THE FRONT PART
OF THE CELLS. THE BACK PART OF THE CELLS HAVE VENTS TO IT ABOUT 9 FEET HIGH AND
THRE IS A SINK RIGHT UNDER THE VENT. FOR MCCLESKY AND DUP . REE TO UNDERSTAND ONE
ANOTHER AND TALK TO ONE -ANOTHEREASH ONE OF THEM WOULD HAVE TO STAND UP ON THE SI}
AND TALK AND LISTEN. AND THEN I COULD STAND UP ON MY SINK IN MY CELL AND I COULI
HEAR EVERYTHING THEY SAY..
Q: DID YOU OVERHEAR MCCLESKY OR PDUPREE SAY ANYTHING THAT WAS TAKEN IN THE ROBBERY
OF THE FURNITURE STORE?
A: MCCLESKY SAID THAT THEY GOT ABOUT $2,200.00 SOME OF THAT WAS CHECKS. AND THAT
THEY WENT TO DUPREES' OLD LADYS® HOUSE AND SPLIT THE MONEY UP. AND HE SAID THAI
HE DIDN'T THINK THAT @@E® WAS SATISFIED BECAUSE SHE THOUGHT THAT IT WAS SUPPOSEIL
TO BE MORE THAN THAT.
Q: OF THE PEOPLE MENTIONED IN YOUR STATEMENT, WHICH ONES DID YOU KNOW PRIOR TO
BEING ARRESTED AND SENT TO THE FULTON COUNTY JAIL?
A: BEN WRIGHT AND BERNARD DUPREE ARE THE ONLY TWO THAT I KNOW. I DON'T KNOW MCCLE
BUT I KNOW HIM BY SIGHT BECAUSE HE PASSED MY CELL ONE DAY WHEN HE WAS TAKEN
ours 4 © TO TAKE A SHOWER
I HAVE READ/HAYE HAD READ TO ME . :
MY BELIEF RD pan) iJ ME/THE ABOVE STATEMENT AN
ELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME. coil
ory. C. LZ Vt
| op SIGNATURE Se
WITRESS Eo fn &
=
i DATE oo / > TIM
|
pmeeee J) mY z =
WITRESS_ DT 7 ot le VICTIM SCHLATT, FRANK R. (OFF.)
WITHE Cc ! v ma
ss 2.2 Lolo COMPLAINT # Ia
M378
S LL.20.5d
PAGE 21 id ’
% 1657 HRS. ALLANTA ‘BUREAU OR OLICE SERVICES
STATEMENT OF OFFIE GENE ryaNns
HOME ADDRESS
BUSINESS ADDRESS
DETAILS:
IS THE ABOVE STATEMENT TRUTHFUL TO THE BEST OF YOUR KNOWLEDGE AND GIVEN FREELY
__ WITHOUT ANY PROMISES RENDERED TOWARD YOU?
A: YES. CO. 2
END OF STATEMENT _
I HAVE READ/HAVE HAD READ TO ME/THE BOVE T THE BE THE ABOVE STATEMENT AND IT IS MY BELIEF AND KNOWLEDGE AND KAS BEEN GIVEN FREELY AND VGLUNTARILY BY NE oo! O
: ’ > 4)
&7 Ga Z 7 tA : STGHATURE
l/ fy ry fo
-— rr” ~i TNESS a 2 DATE = ir TIME
KlImuree SA : Ea . WITNESS Car TA, VICTIM SCHLATT, FRANK R. AS he
[3 RITHESS 2 0 aha CCHPLAINT § 463548 VLIW
~~
(OFF.)
sir? r n there
for?
serving & sentence out there?
Out at the Atlanta Pederal Penitentiary.
and how long have you bee
that
Are you
Call your next witness,
get
3 2
=
Call Offie Gene Evans,
Yes, sir, he may.
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OFF1E GENE EVAKS,
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PARKEK?
5, Bir.
Mr. Evans, where are you living at the present time?
and what type of sentence are you serving?
gir, would you give us your name?
MR. TURNERI
THE COURT:
gffie Gene Evans.
About three months.
All right, sir.
Eix years,
MK,
being first duly sworn, was examined and testified as follows:
Ye
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Bt COrrect? "5. sounder Ee: RE =
en that was a Federal sentence, is that
A That's right.
z Q §ir, were you convicted back in 1853 in Pulton County
for burglary?
A Yeah,
C Do you recall getting a three to Rive yeer sentence -
out of that? :
A That's right.
C gir, do you recall getting convicted for larceny from
the house in Fulton County in 1955?
; ; ; g Do you renember getting a twleve month sentence out
on of that? ;
: Ee A Yes, gir,
© Sir, do you remember getting convicted in Fulton
County in 185% for carrying a concealed weapon and carrying a
pistol without & license?
; h Yes, Bir, :
Do you know what type of sentence you got on that?
Twelve months. =
In jail?
Yes, sir.
8 1961 in Pulton Co
i
P
R
A
b
e
i
t
Q
A
J
Yeah,
Did you get probation on that?
Yeah,
Did your probation =~ was your probation revoked
sometime later?
A
&
ho, sir, it wasn’
Do you also remember getting convigted for burlary
and forgery in Fulton County
A
0
Yeah.
Did you get convicted for theft from the United
t revoked,
in 19627?
States mail in Atlanta in 1967?
o
2
out there and they tock me out
ies, ir.
How, during July of 1%78, where were you, sir?
Out to the Fulton
And what were you doing out there, sir?
I had an Incident at the Halfway House,
ir?
I was at the Ealfway House and I had an incident
The Halfway House,
Yes, sir,
Were you charged with escape?
Cater ir
County Jail,
is that the Federal Balfway
[I
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|
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Wp
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A
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7
to the jail,
That's right.
Kr. Evans, have I promised you anything for testifyi
Ee
No, sir, you ain't,
Qo You do have an escape charge still pending, is that
correct?
A Yes, sir. I've got one, but really it ain't no
escape, what the peoples out there tell me, because something
went wrong out there 80 1 just went Sone, I stayed at home and
when I called the man and told nim that I would be a little lat
coming in, he placed me on escape charge and told nme there
wasn't no use of ne coming back, and 1 just stayed on at home
and he come and picked me up,
L€] Are you hoping that perhaps you won't be prosecuted
that escape?
A Yeah, 1 hope 1 don't, but I don't == what they tell
‘they an'e goin to charge me with escape. no way.
Have I told you I would try to fix it for you? Ko, sir. ;
pa Q How, while you were at the Pulton County Jail did you
notice anyone in the cell next to you?
2 Yes, sir. | :
0 Did you ever sce that person?
a Yes, sir, I have seen him, :
¥ Do you gee him in the courtroom taay?
a Yes, sir.
o Where is he sitting?
A Right there.
4: What is he wearing?
| I 3 A white shirt, ; :
: -Q Do you know his name? | fn Be
A WaFren Mcllesky, =
Bt ~All right, sir. Now, aia you ever Carry on any
: conversations with him?
& Yes, sir.
¢ How about any other individual in that area, did you : >
carry on other conversations?
: ER Yeah, with Bernard Dupree, es
Do you know him personally?
Rig
All right, sir, Yow, aia you ever enter into:
conversation with Hr. NeClusky as to who shot a police officer?
A Yes, BIT,
and dic kcClesky ever tell you anything?
Yes, sir.
what ¢ié he tell you?
We talked around there about two gr three days and
we got into & conversation about Ben, and so he =-- of course, 1
told hin that I kKnowed Een real good, and that we used to be
topether & lot, and I told him that I had been seeing Ben since
pp—
that robbery, but I hadn't seen him, you know, sC we Rept on
talking, and s0 we just kept talking until be started talking
about how the robbery went down and how it was, &nd he told ae,
said he went in and checked the place vut a few days before they
robbed it, but then they went back to rob it.
& Did he say anything about who shot the officer?
A He said he was in there when the police come in, but
like the police wasn't expecting no robber, but said after he
seen the police come in and he was heading towards the other
“threes. what was in the court -= 1 mean in the Place taking the
haces and. 1 think the police’ looked pony Gd hin fi
¥
enale, or ‘something, nd he' had to = ft | was Ain’ or
-
res hl t? he :
by
A Yeah,
: is Q - Could you tell us about that?
: A Yeah, Be said that when he first went there, he
went in just his regular disguise, He said when he went back to
take the robbery off he had been made up kind of slightly with
» ;
a make-up kit,
Did he tell you who did that?
He sald Hary did.
Did he tell you who Mary was?
A
R
S
G
NE
Ben's girl friend,
Did you and Kr. McClesky have any conversation about OG
Ben Wright getting killed?
Yeah, he said him and Dupree was talking and he said Jee A
if Ben got killed that would be pretty good, it would be more
lighter on them,
3 Q Did you have any conversations with Hr. KcClesky
: about other officers that might have ben there? ;
A Yeah, Be sald it would nave been the same thing >
if it had been a dozen of them, he would have had to try to :
shoot his way out, 2 |
he 8 2 MR, PARKER: Your Witness. : fei Gok Spas ole
| ? CROSS-EXAMINATION Ce fr ny oe
© @ How many years have you spent in jail all total?
x
I don't exactly know.
¢ It's been that long? : :
A Yeah, you can say that, | “iE
Q Are you a professional criminal?
; pS Well, I wouldn't say it, because I haven't did no ==-
I haven't did no terrible crimes or nothing like that,
Q You don't call burglary a terrible crime?
FA No. What kind of burglary it was, see, it was a
different kind. I ain't never did nc kind of burglary where it 3
caused nobody te get in trouble or nothing like that, you can
look et the record and tell that.
¥ You say you have gotten sC much time you can't
remember, 80 apparently somebody thought these burglaries were
important, didn't they? :
3 ~ Anyway, I told what I knowed about the burglaries
and all of that. It ain't going to change different, if I done -
stayed in jail fifty or sixty years, 1 have done said what I
got to tell.
Q Why did you inform on what you overheard?
: : : A The deputy out there heard us talking.
aa. S SoaWhieh deputy
Ch x cent know hia mane,
eputy approached you,
The deputy heard me talking, heard us talking about
What did he hear you all saying?
What I just got through talking about, just a whole
rs bunch.
Q vas that the deputy who just walked out of here?
A No, it wasn't him, but he probably heard something
hisgelf, toc. :
¢ Bow, what day was this conversation made to you on?
A Around the == around the Bth or the Sth of the month
of January -- I mean July. :
4; Okay. Mow, you all were in solitery, weren't you?
A Yeah. :
i QC Wnat were you doing in solitary? 1
A 1 was put in there when I first came from the street,
they just put me in there straight from the street.
{ = Fow, Go you know how long Hr. McClesky had been in
‘solitary confinement? ; :
FA He said he had been in there about.a month or going :
on two months,
4 Q Tell us about solitary confinement; what is that like? 2
=. "© oHECOURTI You mean at the Fulton County Jail?
So. . @ (By Hr. Turner)
At the Pulton County Jail?
single cells side by side,
oo ‘2 A." moot five feet Vids and eight feet long, :
Q How many people to each cell? |
A Open on the front, One to each cell, ¢
Q What kind of privileges do ycu have in solitary? :
A You don't have no kind of privileges in there, no
more than you can just talk toc one another.
Q You all talk 2 lot in solitary, don't you?
A Yeah. .
GQ Talk about everything, don't you?
A Yeah, we talk about guite a few things. ;
€ I mean, what else is there to do?
A | tothing but talking, or you just keep your mouth shut
one. ;
: = You do one or the other, right? :
: A Yeah.
¢ : You say you know ¥r, Ben Wright, is that correct? Fle
ey A Yeah. :
: +) where do you know him from; what does your realtionship’
go back to with hin? ; :
= | rts A : 1 knowed Ben from the penitentiary and in the street 5
as far as seeing him, not to run with him or pothing like that, ;
You hever committed any robberies with him? = 28
_about burglaries?
ain't never did nothing with |
A : 2
But you are just good friends?
Yeah, we are. =
Gu Were you all running buddies?
A pe ard hin were just what you cell walking partners
in Reicsville. As far as running in the street =-- |
What is & walking partner?
Just people that be together.
All the time?
ko, not all the time.
How much?
1'c say about eight hours e day, something like that.
What? |
Apout eight hours a day on the working =-—-
About eight hours & day you &ll would spend with
is thet what you ere saving?
Yeah. |
HOW long did you spend eight houts a day with
Mr. wright wpnile you ell were in Reidsville?
About three years,
So you got a chance to know Hr, Ben Wright quite
as far as in the penitentiary I did.
$ Ps 7 Ng t . “x oe i 4
are not friends?
A =“ You got to do it with somebody. You can't be friends
with everybody. You know how the penitentiary is, you have to
be with somebody all the time,
L& low, you say Mr. McClesky told you that he had checked
pout the place a few days before? ;
A Yeah, s
¢. Are you sure &bout that?
A Yeali.
Q all right, Now, where was Mr. Dupree while these
conversations were going on?
A i don't know, because I couldn't see him, he was
; upstairs, : ET : :
ou - Okay. low, how many days did he say he had checked
it out before? :
A 1 don't know, he didn't say exactly.
g- But you &re positive that is what he said to you?
Yeah.
Fo doubt? : gE
That's right, A - : ;
A
¢
A
a : Ce Qo ORAYY Bow, tell me sbout the -make-up kit. Cx i
| Sk 4 kal Bary
Q
e make-up kit. 1 just told you what he said about th
oc Tellme again, = © =o =
it out
He sald when he went in and checked
in his regular disguise, that when he went back that is when he
: Se had done had 2 sketch with a make-up kit. : 3
3 Q When he went back. When did he say he went back?
Oh, when the robbery come off,
A
¢ $c on the day of the robbery he wae made up?
A That's what he told me, Whether Je was telling the
truth or what, thet's what he is saying.
G Are you saying he was lying to you, now?
A I don't know what he was doing, I am telling you what
he said,
4 He said Mary Jenkins made hin up, is that right?
: SrA yes ane | Sh
; : Ee, How did he say he was Reds Ub?
F - Baid he had pimples in bis face kind of like he had
bumps in it.
: Q Tell me about that, ;
A 1 just told vou.
: Q Did he describe what else he had on? ;
Said he had a scar fixed, I think he haé a scar on
his face, slight,
Mayehing else?
what ‘about a Bat?
Euh-uh [negative],
When did he say Mary Jenkins made him up?
He didn't say when, but I guess it was the same day
z when the robbery come off,
Q Okay. You didn't ask him when?
A ruh=uh [negative].
ry 3
J What?
A NO.
¢ Ukay. Kow, what aout if Ben got killed it would be
lighter, how did thet come about?
A Him and bupree was taiking about it.
i What else Cid they say? : ws
A He just said it would be =~ he seid that he believed
~< Dupree said he believed that when they catch Ben they was going
to kill him, and he sid that if they do that, it will be & little
bs. more better on us if they would. :
3 ¢ in other words, they weren't suggesting that they
should kill him then, is that it? Who were they saying should
X11 his? |
= -v dh Whoever run down on him, nike fs
i el @ Who wae going to run down on him? Shin :
«
Wasn't nobody looking for him but the police, was
: vay wo,
He said he didn't have no other choice; he would
: have had to shoot his way out if it had been a dozen of them.
] Q How, you say the deputy overheard this, right?
; A He heard us talking about it and everybody in jail
knowed about Ben, so that is how it come about, and that is why
1 ax here right now,
Q Okay. 50 the deputy came up to you and said he
wanted vou to tell what you all were -- did he ask you =--
A Yeah, he asked me what did I know about it, about
‘what was going on, said it sounded like a conspiracy.
¢ What did you tell him?
A I told him what we was talking about. He said did
.
I want him to cell Homicide, would I tell them thet. I said
yeah, 50 he called them. : :
Q What were you expecting to get out of that?
FE Just like that I ha¢ been talking to Ben and some-
thing like that.
1 off Had they considered you as 8 suspect in thie?
A It could have been led me to one, >
Q ¥hat would have led to you being a suspect?
A Laying around talking with a man about - something oF =
J
T
|
- other that went down like that. is HE Lu
= pe 4d
M
L
ad
i il
ge = it Q row would that ake you a suspect? Le Nt :
| ooutants ix? ag Bie
It sould. make me a. conspirator ¢
dt
fas
4
Ea
you would not like to help your friend,
ity for nobody on
as far as helping Ben, it don't make no difference, and whether
-moved?
iE
Have you seen Mr, Wright out at the Fulton County
Like 1 said, I am telling it straight, whoever it
I am telling you what I know, I ain't got no p
I am telling you straight what I heard, but
5
1 am just =-- whoever it helps or whoever it harms,
- 2 ”
oy og
£3
w HY he +) [+
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>
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Yeah, you can say that,
Bow good a friend are you =-- do you know kary
Would you like to help Kr. Wright?
¥o, I don't know her,
You said
hen did
August th
wouldn't have any hassle in this, is that right?
nothing like that,
Jenkins?
it don't help nobedy, it don't make no difference to me,
helps, it helps; whoever it harms, it harms.
I don't think he had.
Have you communicated with bim?
RO.
Q Okay. Row, were you attenpting to get your escape
charges altered or at least worked out, were you Bxpecting your testimony to be helpful in that?
A I wasn't worrying about the escape charge. I wouldn't
have needed this for that charge, there wasn't no escape charge,
Q ~ You had left without permission ==
h Yeah,
Q =~ in that escape?
A But you don't know now it went gown, but I do, and
they do.
i Those charges are still pending against you, aren't
they?
A “Yeah, the gharys is pending against me, but I ain’ ts
been before no Grand Jury or pothing like that, not yet,
. All of that comes after this case, is that right? :
at they prosecute, it- do, because it's been four
ot say that You don't vant to get prosecuted die
Ek MR. TURNER: Ho further questions,” =
MR, PARKER: I have Rothing further.
THE COURT: You may be excused. | i %
MK. PARKER: Your Honor, I have one witness, but
he hasn't arrived yet, and then I will rest. He is coming
from Powder Springs so it may be some time,
THE COURT: Do you have any idea how long it will
be before he gets here? s
MR. PARKER: Well, he has been on the way apparently
thirty minutes, but he has to get somebody to keep the
store for him,
THE COURT: well, I believe -- do you have any more
evidence after that?
MR, TURKER: No, sir, Your Honor.
THE COURT: All right. let's take a brief recess,
dies and gentlemen, and not go to lunch quite yet so if
the witness gets here we can be sure to get him on and then
we can go to lunch.
(Whereupon, the jury retired from the courtroom, and
28 short recess was had.) |
THE COURT: All eight, gentlenen, are you ready to
- proceed? i iy fi
ji
t
o
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e
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November 20, 1978
Mr. Jack A. Hanberry
Warden
United States Penitentiary
Atlanta, Georgia 30315
Re: OFFIE GENE EVANS, No. 39016-133
Dear Warden Hanberry:
The Fulton County District Attorney's Office has
completed two trials involving three defendants who were charged
with the murder of an Atlanta police officer that occurred during
an armed robbery of the Dixie Furniture Co. store on May 13, 1978.
One defendant, convicted in October, 1978, has been sentenced to
die and two defendants, convicted last week, have been sentenced
to three consecutive life sentences.
- Atlanta Federal Penitentiary inmate Offie Gene Evans
testified as a State's witness at both of these trials, concern-
ing conversations he had overheard between two of the defendants,
This testimony was extremely helpful ,=especially last week as one --
of the defendants had not given a statement concerning the murder
and robbery.
Mr. Evans realizes nothing can be done to reduce his
time and has made no such request; however, he is being kept in
isolation at the Federal Penitentiary for his own protection.
Evans has indicated he would feel safer if he could be transferred
to one of the surrounding county prisons (excluding Fulton County)
where Federal prisoners are sometimes lodged on a temporary basis.
We are simply relaying this information to you, and
we thahk you for any consideration you might extend to Mr. Evans.
Sincerely yours,
LEWIS R. SLATON
District Attorney, A.J.C.
LRS:mb
VA HB se i 5 CONE VRE RE Se SH hs FR UE DB ee Rs PR re i i SR ES ST Te RE Re a a a ri “tS
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
In Reply, Please Refer 10
File No. 76-6539 Atlanta, Georgia
October 12, 1978
OFFIE GENE EVANS
ESCAPED FEDERAL PRISONER
On May 7, 1973, Evans appeared in U.S. District
Court (USDC), Northern District of Georgia (NDGA), Atlanta,
Georgia with Counsel, pled guilty, and was convicted of
violating Title 18, Section 495, U.S. Code. Evans was
sentenced to the custody of the Attorney General for six
@ years.
On May 21, 1973, Evans appeared in USDC, NDGA,
Atlanta, Georgia, with Counsel, pled guilty, and was convicted
of violating Title 18, Section 1708 and 495, U.S. Code (USC) .
Evans was sentenced to the custody of the Attorney General
for a period of five years concurrent with the above sentence.
On June 14, 1976, Evans was paroled to the NDGA.
On April 6, 1977, a parole violator warrant was executed,
and Evans was sentenced to serve 1,022 days.
On May 31, 1978, Evans was transferred form the
U.S. Penitentiary, Atlanta, Georgia (USP-A), to the Federal
Community Treatment Center, Atlanta, Georgia (FCTC-A) with
a parole date of July 6, 1978.
On June 19, 1978, a urine specimen analysis for
Evans was positive for Quinine and Opium. On June 22, 1978
as a result of this lab test, Evans was restricted to the
TD VV Cn GL CD UD ——— —_ — — —— — — w= —— =D GUD WH CED WE A CW UEP GE CAD WD CE EE CW GE EE CD A TC —
This document contains neither recommendations nor conclusions
.. of the FBI. It is the property of the FBI and is loaned
-to your agency; it and its contents are not to be distributed
outside your agency.
OFFIE GENE EVANS
FCTC-A except for meals. On June 23, 1978, Evans was
authorized to leave the FCTC-A for the purpose of going
to work and then to return to the center by 6 PM that day.
As of June 26, 1978, Evans had not returned to the center
and was declared a FEDERAL ESCAPEE from the POTC~ A as of
6 PM on June 23, 1978. On July 3, 1978, Evans was arrested by agents
of the Georgia Bureau of Investigation (GBI) in Atlanta,
Georgia. In interview, Evans admitted that he failed to
return to the center when he was supposed to.
2%
UNITED STATES DEPARTMENT OF JUSTICE
somEDERAL BUREAU OF INVESTIGATIONS
WASHINGTON 25, D. C. Geld
513 677 B IDENTIF!Z8-18-78 263 RIM
The following FBI record, NUMBER had , is furnished FOR OFFICIAL USE ONLY.
CN ORF NAME AND NUMBER ARRESTED 2 CHARGE DISPOSITION
Led] | Wh
PD Atlanta Ga || Offie G. Evans | 12-9-53| susp burg ‘rel WOP 12-10-7¢
v si { al
| #96687 b
r ’
| .
Fd pr
PD Atlanta Ga, | Offie G. Evans | 12-15-53 susp burg Shingle LUI
: #96687 3-5 yrs & 3-5 : ; | _ yrs cohc
St Bd of Cerr Offie G. Evans | 1-14-54 burglary 3-5 yra
Atlantg Ga #A-21032 i wo
PD Atlanta Ca Offie Evans kE-a2 PF -2 burg ‘12 mos susp on Fe
| #966387 : . febg 8 L 8-5- -59 J
St Board of Corr || Offie G. Evans 9422-55 burg (PL) . 3-5& 3-5 concull
_ Atlanta Ga - || #A-31032 EE
3% Boapd. of Corr Offie G vans 3-22-56 buyg 3.5 yrs
PD, AtAanta Ga offie G. Evans ||7-20-59 | ccw 12 mos 10-21-50
: a. HO668T7 | carrying a 2
: weapon W/® lic
st Bd of Corr Offie G. Evans |10-29-59| CCW&CPWL 12
Atlanta Ga #FM-18567 mos
/ ;
PD Atlanta Ga Offie Gene 10-7-060 |susp lare dismissed on
Evans #96687 { ehg of DC L-
10-10-60
. - Es i in
PD Atlanta Ga Arthur G 2-1li-0L | usp TOD rel wor 2+14-61
Evans susp L.,of auto |nolled prossed
o ; #96687 on chg of L of
: | auto 3-27- 61
PD Atlanta Ga Arthur G. Evans 11- 29 6) (sus beg S1-va : d NCJ ; pres to
iF96687 | AR Grand Jury on « 1
no bill on Chg |
, F | SEABC puse
PD Atlanta Ga Arthur Evans 11-2 TP $100 & 12 mos
7/9568 prob I; L 1
par | ; hua 2:3 1978 a i a
ofa FBI-ATLANTA i lirirg
Information shown on this Identification Record represents data farrdsned FBI by fingerprint contributors
Where final disposition is not shown or further explanation of charge is desired, comraunicate with agerd”
contributing those fingerprints. #
Notations indicaled by * are NOT based on finaceprints in FBI files but aro listed only as investigative }”
as being possibly identical with subject of this record. gh
a .
ar me Sg y — od
hg id Te foro on { FR
P a & Laan Sato « PY ne) oy My YP PE A BGO Sn Sgr Ph Js pA SE SAMA or 778 SAI WY ADIT RMON XW Br 7 as rage
EPR 505 tM cl Sh a ho es-ES ree EB a primer . al ny
UNITED STATES DEPARTMENT OF JUSTICE
@# DERAL BUREAU OF INVESTIGATION,
. & WASHINGTON 25, D. C. No
oa, PICLENS. wa _ -
513 677 B IPIN. FISL 5-18-78 263 gd | 15
3 | |
The following FBI record. NUMBER : . is furnished FOR OFFICIAL USE ONLY.
comTmmuton or ame A numsEh (AIRSSYED on chance orsrosiTion
3t Bu of I Offie G. Evans [4-1-02 |L of gun & poss Case Digm 4 a4
Atlanta Ca #179044 burg tools Al t 443
y rr Bugg? “ |
fe @. Evans [4-20-62 | burg ~- forgery 15-7 yrs on chg
PD Atlanta Ga or Eb 27 vin
: : ; : . |conc on chg of
: forg 4 , —
—_— . ir a vl Re
PD Atlanta Ga Offle Gene Evans 4-25-62 | susp of robb rel WOP _-, > :
| #96687 ; eas
3t Bd of Corr Office Gene 5-17-62 | burg (PL of 12 mos |
Atlanta Ga Evans Nolo Condendre)
#GM-6943
iB Bd: 0f:COrXe Offie Gene Evans|12»28~62; burg(l{2cts) {o |5-7 yrs (2 cts Fi
‘tlanta Ga #A-52666/45908 forg concur) 12 mos
: ; or $100 (prob
, o rev)
it Bd of Corr offie G. Evans [10-21-59| CCW & CPWL 12 mos
itlanta Ga #A=-52666
PD Atlanta Ga Offie Gene 10-14-65 DC escaped Rel to Ful Co
Evans #96687 convict l
(Walton Co Ga) |
PD Atlanta Ga Arthur Evans Qe 2577 L /dism > |
96637 9-5-57 a |
VIAL
USM Atlanta Ga Off1e Gene 9-15-67 | T of US Mail
pvans
#06436
PD Office Gene 4-17-68] (Mail Thief)
Atlanta Ca Lvans #96687 | US Prisoner
"nformation shown on this Identification Record represents data fumished FBI by fingerprint contributors.
ye final disposition is not shown or further explanation of charge is desired, communicate with agency
—ieeciributing those fingerprints.
Notations indicated by * are NOT based on fingerprints in IBI files but are listed only as investigative leads
as being possibly identical with subject of this record. i
Bvwe
nr —
ey io od ph ir
oo QUE rs rn SE
N
= .
3
WASHINGTON, D.C.
53 677
The following FBI record, NUMEER
CTTETNTTRD ITRTTITUEY RR nivitiye oes
CO Was BUREAU OF
RB
18
, is furnished FOR OF SIAL USE ONLY.
Information shown on this Identification Record represents data furnished FBI by fingerprint contributors. WHERE
TT
NVESTIGATIONS®D
20537
FINAL DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF CHARGE IS DESIRED, COMMUNICATE
WITH AGENCY CONTRIBUTING THOSE FINGERPRINTS.
CONTRISUTOR OF ARRESTED OR
FINGERPRINTS NAME AND NUMBER RECEIVED CHARGE DISPOSITION
USP Atlanta Ga Offic Cerne 5=6=68 mail. theft 2 yrs »
62:20 M3 from |
TE CTC Atlanta Ga
2D Atlanta Ga Offie Gene 6-18-70 child molesting
Evans #96687
MW A 1 - - tlanta Ga Si S08 9 11916 70 |burg Not Presented
os : ¥ to the Grand
{ Jury 1-11-71
D Atlanta Ga Offie Gene 5-5-72 Forgery &
Evans #96687 Uttering of
Treasury Checks
0 = pe 2
us: Offic Gene Seba72 uttering La Defendant plea
Atlanta Ga vans ford Us gu y was
. ry . |sent on 5-7-73
: CAG 3-30-73
USM Offie Gene Evans| 1-9-73 forg of US See
Atlanta GA 06436 Treasury Check |Supplement
PD Offie Gene 22-73 forg
Atlanta Ga Evans poss stln
96687 credit card
SID 179644
Diag & Class Offie Evans 4-13-73 | Forg lst Deg 3 yrs (3ce)
Ctr
Jackson Ga D-13981 (3)
Motations indicated by *
Rca socio esta
are NOT based on fingerprints in FBI files but are listed only as investigative leads as
being possibly identical with subject of this record.
SIS ty to
Fit
a
C
E
1-4 (Rev. 5-9-72) |
4
The following FBI record, NUMBER
information shown on this Identification Record represents data furnished FBI by fingerprint contributors.
WHERE DISPOSITICN 1S NOT SHOWN OR FURTHER EXPLANATION OF CHARGE OR DISPOSITION IS
DESIRED, COMMUNICATE WITH ACINCY CONTRIBUTING THOSE FINGERPRINTS.
UNITER: STATES DEPARTMENT OF JUSTICE
WEDERAL BUREAU OF INVESTIGATION £8 5
IDENTIFICATION DIVISION
WASHINGTON, D.C.
513 677 5
20537
n.18-78 263 BI!
is furnished FOR OFFICIAL USE ONLY.
CONTRIBUTOR OF
FINGERPRINTS
NAME AND NUMBER
ARRESTED OR
RECEIVED
CHARGE DISPOSITION
PD Atlanta Ga
PD Atlanta Ga
US Pen
Lewisburg Pa
US Pen
Atlanta GA
Comm Treat Cty
Atlanta GA
PD Atlanta GA
PD Atlanta GA
Offie Evans
96687
Offie Gene Evans
96687
Offie Gene Evans
39016-1132
Offie Gene
Evans
39016-133
Offie Gene
Evans
39016-1333
James Robert
Matthews
344 154
SID 179 644
Paul Evans
96687
SID 179644
1-16-73
*
12-24-74
3-23-70
9-2-706
227-70
prt rec
1. attemnted
larceny from
auto NPGJ
2. poss of tools
to commit a
crime A-15960
forgery A-16523
Forge & Utter US
Treas Check
Poss Stolen Mail
-
A .
Forg uttering
US Treasury
Check
forging/uttering
US Treas Check
poss of stln
mail
attempted larc
from auto
Auto Larc
dead docket
§ = a be I.
plea 3 yrs
en cb. .r
concurrently
6 yrs on chg
of Forge &
Utter
5 yrs on chg
of Poss
Stolen Mail
(conc)
6 yrs ronulnaj
regular
5 yrs
regular (cong
current)
6/14/7€¢ PAR
i) or
The following FBI record, NUMBER
EE a
UNIT
513
param
A BUREAU OF INVESTIGATION
IDENTIFICATION DIVISION
WASHINGTON, D.C.
G77 1b
Ee Sista do
STATES DEPARTMENT OF JUSTICE
mw
£ ; hii)
20537
, is furnished FOR OFFICIAL USE ONLY.
information shown on this Identification Record represents data furnished F3I by fingerprint contributors.
WHERE DISPOSITION IS NOT SHOWN OCR FURTHER EXPLANATION OF CHARGE OR DISPOSITION IS
DESIRED, COMMUNICATE WITH AGENCY CONTRIBUYING THOSE FINGERPRINTS.
g-18-78 263 BI
CONTRIBUTOR OF
NAME AND NUMBER
ARRESTID OR
CHARGE
Fed Comm Treat
Offie Cene 5-31-78
Ctx Evans
Atlanta GA 39016 133
ny 2
EGE CJ 3666
; j a iH
FINGERPRINTS RECEIVED DISPOSITION
USH Offic Gene 4=-7~77 Parole Viol
Atlanta GA Evans :
29952
SO Paul Evans 3-99-77 1 theft by Dead
Co R&I Div 25692 taking 2399 docketed
Jonesboro CA SID 179644 2 Viol GA 4-13-77
Controlled
Substance Act
. 3562
PD Paul Evans Jr 4.3-77 Burg
Atlanta GA G6687 :
SID 179644
US Pen Offie Gene .. | 4-25-77 | PV Committed
Atlanta GA Evans # USP Atlanta
39016-1333 ¢ W/1,022 das
PV{(I'orge & utter
US: Trea ck..poss
stln mail)
to serve
6yrs reg
adult
5yrs reg
adult con-
current
1,022 day
to serve
a —
LL AN,
4 ES M : Ji J ]
2 CDERAL BUREAU OF INVESTIGATION
. ww IDENTIFICATION DIVISION
WASHINGTON, D.C. 20537
»
5
2"
: 8-18-78 263 BIR
The following FBI record, NUMBER £1) 677 1 , is furnished FOR OFFICIAL USE ONLY.
information shown on this Identification Record represents data furnished FBI by fingerprint contributors.
WHERE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF CHARGE OR DISPOSITION IS
DESIRED, COMMUNICATE WITH AGENCY CONTRIBUTING THOSE FINGERPRINTS.
CONTRIBUTOR OF ARRESTED OR
FINGERPRINTS NAME AND NUMBER RECEIVED CHARGE DISPOSITION
S
. a all
CC: USPO
Atlanta, GA. 30301
.
°
{ .
i!
% J
4
L
¢
Kes CO 3666
aE A a. - RE ; :
4 i j : 25
Fh! ¥
Wl a al We
i 4 i MIRE ia
Nm —
arm am ome Ee ——— m—— er en cy fn a + AES - ae ey
UNSKD STATES DIDARTIMEMT (OF AETIC E
; FEDERAL BUREAU OF INVESTIOATICHS
: IDENTIFICATION DIVISION :
WASHINGTON, D. C. 20537 g-13-78 263 Beh
- The following FBI racord, NUMBER 513 677 BD , is furnished FOR OFFICIAL USE ONLY.
Information thown on this deny! fication Record represcints data furnished FBI by fingerprint contributors. WHERE
DISPOSITICH IS HOT SUCWH GR FURTHER EXPLANATION OF CHARGE OR DISPOSITIOR IS DESIRED,
COMMUNICATE WiTH AGENCY CORTHRIBUYING THOSE FIKGELPRINTS. |
CONTRILLNOR OF : ARTISYTED OR
FINGERPIINTS = NAME AND MUMBER RICLIVED CHARGE DISPOSITION
SE BD rr Sa ret re a
WANTED BY BURFAU: Offie Gpne Tvans FFP
Fug Index #88083. Bu File| #/6-58358
0.0. Atlanta inf rec 7-20-78
CAUTION: DRUG USER, FSCAPE RISK
Alias: 0. G. Evans, Arther G, ‘Ivans,
Jame R, llatthew
CC: FBI /
rtlanta
Fa |
THIS PAGE SHOULD NOT SE DISSEMIMATED OUTSIDE FBI
GE I Ze RE DR SR SS TRE Te Ee a EE Dp SSA Sa RY ER RA a aR LO BRA SR Fw RTE OR TUE RSA a ON AN er 5
November 20, 1978
Mr. Jack A. Hanberry
Warden
United States Penitentiary
Atlanta, Georgia 30315
Re: OFFIE GENE EVANS, No. 39016-133
Dear Warden Hanberry:
The Fulton County District Attorney's Office has
completed two trials involving three defendants who were charged
with the murder of an Atlanta police officer that occurred during
an armed robbery of the Dixie Furniture Co. store on May 13, 1978.
One defendant, convicted in October, 1978, has been sentenced to
die and two defendants, convicted last week, have been sentenced
to three consecutive life sentences.
- Atlanta Federal Penitentiary inmate Offie Cene Evans
testified as a State's witness at both of these trials, concern-
ing conversations he had overheard between two of the defendants,
This testimony was extremely helpful ,=especially last week as one -...
of the defendants had not given a statement concerning the murder
and robbery. :
Mr. Evans realizes nothing can be done to reduce his
time and has made no such request: however, he is being kept in
isolation at the Federal Penitentiary for his own protection.
Evans has indicated he would feel safer if he could be transferred
to one of the surrounding county prisons (excluding Fulton County)
where Federal prisoners are sometimes lodged on a temporary basis.
We are simply relaying this information to you, and
we thahk you for any consideration you might extend to Mr. Evans.
Sincerely yours,
LEWIS R. SLATON
District Attorney, A.J.C.
LRS:mb
Post Office Box 1683
Atlanta, Georgia 30301
76-6539
December 28, 1978
Mr. William I.. Harper
U. S. Attorney
Northern District of Georgia
Atlanta, Georgia
Attention: Mr. James E. Baker
Assistant U. S. Attorney
Chief, Criminal Section
Dear Sir:
RE: OFFIE EUGENE EVANS
BSCAPED FEDERAL PRISONER
This matter was discussed with Assistant U. S.
Attorney (AUSA) William F. Bartee, Jr., of your office
and Special Agent (SA) David J. Kelsey of our office.
SA Kelsey furnished Mr. Bartee the enclosed letterhead
memorandum which sets forth the facts concerning Evans'
background, escape, and capture. In addition, Mr.
Bartee was advised of the following:
1.) Bureau of Prisons' officials at the U. S.
Penitentiary in Atlanta, Georgia, have indicated that
Evans has furnished information to them regarding criminal
activities at the U.S. Penitentiary, Atlanta, Georgia.
2+) Fulton County Assistant District Attorney
Russell Parker advised Evans testified at a murder trial
(in which the victim was a police officer) that he
(Evans) overheard the perpetrator admit to shooting the
police officer.
3.) Bureau of Prisons' officials at the U.S. a
Penitentiary, in Atlanta, Georgia, have advised that as >
a result of administrative action taken against Evans —
for escape, Evans' parole date of July 6, 1978, bss fen TS
rd ay Enclosure LAL
Epsndne prin TH OT 6 HOSS sr 2
l-Addressee i El ee, faa
Daas lion) pus BC eT
DJK/cg ; [1 EL Tana.
(2) ¥
Fo a Te AN : . 4 ia WR OT SAREE Nanda A Bhd se REE o
at SEE. SH PR, A
| rescinded. Evans is now scheduled for release at an
undetermined date in 1979.
Mr. Bartee declined prosecution of Evans for
violating Title 18, Section 751 and Section 4082(d),
U. 8. Code, as Evans was in escape status for a very
short period of time; Evans' escape was a "walk away"
as opposed to an actual escape from a penitentiary,
and Evans' parole of July 6, 1978, was rescinded.
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Very truly yours,
BENJAMIN H. COOKE
Special Agent in Charge
DECLAN J. HUGHES
Supervisory Special Agent
By:
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I hit the hold up button. And sc--because it was there on my
desk. And so, I saw him coming in the door with a gun in his
hand. And--
Q So your testimony--I'm gorry. 1 didn't mean: to
cut you of?f.
A 1t was based on when he came in the office.
Q Just take your time,
MR.-DUMICH: ~ 1 have no further questions.
THE dcunT: Okay. You may step down. Thank you.
MR. STROUP: - Your Honor, my next witness, Your |
“Honor, is Offie Evans whom I think is in custody.
- THE COURT: All right. Where is he?
If any of you ever wonder why citizens don't want
to get involved in things, that 1s 2 good example of it.
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j . MR. STROUP: Mr. Evans, would you raise your right
En ; 0 od : re
“hand?
* Whereupon, TET
> OFFIE 3IVANS
= was called as a withess and after having flirst
been duly sworn was examined and testifled as follows:
DIRECT EXAMINATION
oy BR, SrROUP:
He Q Would you state your ull name ror the record,
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please?
A Offie Evans.
Q I'm sorry.
A Offie Evans.
THE COURT: How do you spell Offie?
THE WITNESS: O-f-f-i-e.
BY MR. STROUP:
9: Mr. Evans, do you recall where you were:in July
of 19787
A I was in the county jail for a while.
Q What county jail was that?
= A UT: ne. Sirhan Te sure that Wr. Damien
will allow you to lay gs little predicate bY Tush |
stating that he ha in the Jail, talking
to so-and-so or ore happened. You can do 1% 2bout
four times as fast. | |
MR. STROUP: Yes, sir. All right.
I. Si
THE Coun. If you have something specific to ask
him, just go ahead and asl him.
MR. STROUP: I do have a number of things, Your
Honor.
BY MR. S7ROUP:
Q You wore in the Pulton County Jail in July of 1978.
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isn't that correct?
A You: sir,
Q All ripht. And you were on--=at that time, you were
brought thers 5 an escape charge from the Federal system, isn't
that correct?
A Yes.
Q Ol:ay: Do you recall now the names of the arresting
J
officers? The people who arrested you and toak you to Fulton
County Jalil.
A No, I don't know his name.
: Q When you were taken to Fulton County LE i
were put into solitary confinement, were you not?
Saiyan
Q Okay. “Do you recall how long you were in solitary
confinement? : | .
~ A A 113t1e bit better than a month. :
Q You wen: there in early July, am I right?
Do vou recall Lhe date now that you were taken out to
Pulton Cowuity?
Ar It wane around the: lst. 1. don't Know. I can't
remember {he date.
Q Right around the 1st of duly and you remained in
501 itary confinement until 1 nbaout August 14th, len't that eorreet)
A Ticanidntt say that, 1 alist dellindne,
! : A All -»irht. Why was 10 hol you were in solitary
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confinement?
A They put me in thers.
Q All right. here was nto special reason?
A I muess because I had come [rom the Federal Pen.
Idon't know.
Q Did you ever during that month and a half that you
were there in solitary confinement--did vou ever ask any of the
Fulton Sounty Sheriff Dental es why it was that they put you in
solitary conTinement?
A No.
Q While you were you in solitary confinement, you
"were adjacent to the cell of Warren Mc(Cleskey. Is shat correct?
or Yes, sir. |
Q A11 right . ina at his trial in October of 1075.
' you testified regarding your conversations that you had th.
Warren McCleskey back in July her you were adjacent to his
cell.
Is that correct?
A Dh=-hum. Affirmative.)
A
Q Oiray. What--prioy to the tine of vour testimony,
had you talked with any Atlanta Police Officers aboul the
substance of your conversatlons with Varren MceCleskey in July?
A Yeah.
Q Do you Yecall who those Atlanta Police Officers
WT J
A Haryeis and Dorsey,
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Q What was said during that vento with
Dorsey?
A I don't romenber gll about it.
Q Was that while you were still in solitary
confinement?
A Yeah.
Q All right. How did he come out there to see you?
A Deputy told.
Q The Deputy was ont of the Adore of Pulton County?
A Yes. |
| Q All right. Had you asked the Fulton Gomis Perit
10 have one of the Atlanta Police Officers related to the
McCleskey case Sorel au and talk to you?
“8 I did that. |
Q Okay. Did You have any conversations with
investigators from the Prstyriot Attorney's Office prior to your
tectimony at Warren McCleskey's trial?
F Yeah.
Q@ . . Who were the investigators--who were the
investigator or Investigators that you talked to?
A Russell Parker.
Q Oh, it was Russell Parker?
A Right.
Q What was the substance ofl your conversation with
Russell Parker?
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A I was explaining to him what we was talking about.
Be asked me would I go to court and all.
Q When did that conversation occur?
A “Around July, too.
Q That was in July also thot you had that
conversation with Russell Parker?
A Yeah, 1'd say 1% was July.
it was July or either Aunust, one.
Rl All right. Did you tell Russell Parhow ot Hiv
time that you had escape charges pending from the federal
system?
A coo, IT-'didn't tell him that 1 had that. But the
Detective knowed I had escape ate | acral En
2 Q AT1 rignt. |
8 That's how he Pot it
Q All right. You talked with Detective Dorsey--it
was Dorsey, the Detective vou talked to?
A Yes,
Q fae 11 right.’ And Jon talked with Detective Dorsey
first before you. talked with Russell Parker from the D.A.!s
| Office? |
A That's: right. Q All rirht. S8o at the time ol your conversation,
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was there any discussion between you and Bussell Parker
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regarding your escape charges?
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A He asked me what I was doing in Jjall and I told
him I was in jail on escape.
ey Were the federal escape charges against you
subsequently. dropped?
A Well, to get it like this here, they weren't really
charging me for escape, They were charging me with breech of
trust, because I had a run-in at the half way house. And I
went home and didn't turn back in. | :
Q 2 811 right, I didn't understand what you said.
They charged you fa She?
* They broke it down to breech of trust. See, I
was at the half way house. And I couldn't get along at the
half way house. So I spoke to She an shot It 2nd he didn't
do nothing about it, "1 went home and stayed at home untill they
come and ra me up. Es
See, I wasn't on the run,
Q Well, there were charges or tention] charges?
A Yos. |
2
Q Of escape.
A riPant ls right,
Q@ To. be -lodped against you,
A Yeo. :
QQ Were Lhogoe chided ever misehaed”
A Weel edie VE rnet alent, Bee thoy gettliaod Lihat
gut there pt the Federal Ponltentinry out there and thelr
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committee,
Q ‘When was that?
A That was in August. 1 think it was August when
I went before their committee oul there and they told me they
were going to. drop the charges. ;
Q In August of 1978, they told you they were going
to drop the charges?
A Yeah,
Q £.Are you sure that was prior to the time you
Cestirisas
A It was in the last--it would have been the last
of August or around the first of September, somewhere in there,
Q © Did Russell Parker tell you that he would a |
to federal officials on your behalf with respect £0 those
Soa charges, the Escoe charges?
fi I.don't remember Yh told me that or not.
Q A riot. fle Toh new ni thet He did speak on
your behalf?
A ~ I don't now that now or not. ‘
Q Have you heen in pinrady of state or federal
officials continuously since July of 19787
A What do you mean? Have I been in jail since thon?
( Yes. Or have you been released at sone time?
Ii J ' vor hoon rolouncd.,
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All wight. When were you released?
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A January of '79.
Q January of 1979.
And when were you taken back into custody?
A Since 1 was released? ;
Q Right. After July of 1579, when did you go bach
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into the custody of State Law Enforcement Orfficals?
A 170.
Q Sometime in 1979?
A 'Uh~-hun. (Affirmative.)
THE COURT: Mr. Evans, let me ask you a question.
At the time that you testified in Mr. McCleskey's.
“trial, nad you been promised anything in exchange for
your testimony? | |
THE WITNESS: No, YI wasn't. I wasn't promised
“nothing about--I wasn't promised nothing by the D.A.
"put the Detective told me Shai he would--he said he
was going to do dit himself, speak a word for me, That
was what the Detective told me. >
BY IMR. STROUP:
Q The Dotective {old vou that he would speal a word
Por you?
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A Yeats.
Q Pha wan weteetive Baoraey?
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THE COURT:- Vass he cross examined on that subject
at trial?
MR. STROUP: I don't believe so, Your Honor.
BY MR. STROUP:
Q jave you--other than the lMcCleskey trial,
have you, yourself, ever testified that someone nad confessed s
murder to you?
A Why do I have to go through all this?
I thought I was coming in here on this case right herve,
You're taking ne onto other cases and something like that.
: Q There have been other cases in which you have
testified at trial that people have confessed a murder to you?
ox Have I got to answer that question?
THE COURT: Well, 1 can't imagine what the
Fa lavaton would be. Actually, there is no reason why
you should have to answer it except there 1s no
objection—--
MR. DUMICH: Your Honor, 1 would object to the relevancy of it.
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THE COURT: By the State. It might fo .to his
credibility as a witness but what would that have to do
with what this colirt has to deeclde?
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MR. DTROUDe. Hell, Your liohoy; 12 [mmy, there is
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a. Sixth Amendmont claim Lint 3c raised based on the
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recent Supreme Court case, United States versus Hanner,
relating to the use of informers and a paid hfernoe,
Now, the line of questioning 1s simply to develop
a pattern in this case that amounts fo a pald inTarten
being assigned to the Fulton Jall in a situation
where he can in one fashion or another elicit
incriminating evidence from persons within the custody
of the Fulton officlals.
ME. DUMICH: Your llonor, there is no testimony
that he was a paid informer, at all.
; THE COURT: Not that I've heard,
oo ; MR. STROUP: Well, that is correct. If is simply
bat han T intend to show 1m this there is a pattern
of Rota t Toston at this gentleman with ERE
to sehdtng charges that he has against him in exchange
for testimony that he gives, And while I understand
that Re is not a paid informer, I thin: in torus of
the proiection to the Sixth Amendment, if is. not a
distinguishable situation.
MR. DUMICH: Your Horo, 1'c inquire as far as the
SS enney of thio line of questioning is concerned is
whether the pattern that he 1s attempting 10 show 1s
a putlorh Lhat oceuvindd belo Jr, Helleghey's trial ond
char poerhapiiemity be voeltevant or whether this. patient
supposedly ocenrred after flo, Hetleshey's Wlal, I
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contend if there is anything after Mr. MNcCleskey's: trial,
that that would not be relevant in this case at all.
THE COURT: Mr. Evans, had you ever testified
in a case before you testified in Mr. McCleskey's case
about something somebody had told you in prison?
THE WITREAS: - No.
THI. COURT: Have Yen. since?
THE WITNESS: Yes.
THE COURT: But you had not before?
THE WITNESS: No.
THE COURT: What about that?
MR. STROUP: Well, if I may speak.to that, Your
Toros. on 5 te al. I think that subsequent--1f
it is only subsequent, then it is still relevant to the
claims in this case particulariy as it relates to the
conduct of the District Attorney in Ehis particulny cone.
If indeed as I understand this case, that subsequent
testimony given is from—--is for the same District
. Attorney anil. 18 in exchange lor a lighter sentence, Ha
charges that are pending.
Soon that issue. of prior arrangement and the
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statemeonts of the Prosccutor, the direct examination Ly
the Drosevetor al, trina) of Nr. Evang which with respect
t.0 whether any promises had been made and what the
Progsecutoriintended to do at tho time he elicited that
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examination or that testimony from Mr- Evans 1s relevant.
Just Tor the Srepriciy of what the Prosecutor himself
did with regard to the elicitng of testimony et
Evans regarding their arrangement.
THE: COURT: I'm not sure 1 get the point.
I will let you ask him about ee
r. Evans, I will not let him go into anything
that 1 SATs think will make any difference but if ou
have done that again for the same Prosecutor, I think
he ought to be able to ask you about that. So answer
Te Snciticns. on | : :
| BY MR. STROUPL UE
id ai: Did we subselnshtly Five testing
at a trial of another fe tenant with Russell erin as the
District Attorney handling that tese?
erie
Q And that Defendant's name was Wilbert Anderson, is
that correct?
A Yeah.
Q ih All Pight. ad Lint Sr Sh in May of 19307
A Yeah. Tobe
Q All he. That was--the Defendant in hat ease va:
accused ol shooting sorcone at the Rich's Department tore dn
Atlawta, Is that correct?
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A Yeah.
CQ The result of a case that was in oe headlines, in
the newspapers a vot in Atlanta, wasn't it?
A | . Yeah.
Q All. right. Now, the conversation with respect to
Wilbert Anderson that you testified about at the trial in May
of 1980, when 8id that conversation occur?
THE COURT: Well, I Aontt think it matters about
all that.
Dig Mr. ‘Anderson tell URE erty an testify
that Mr. Anderson told you that he had shot somebody?
Is that’ what Tt inn
man WITNESS: Yes.
THE COURT: I can't imagine what all the details
of time and place would eve.
| MR. STROUP: ° Well, it simply--in terms of ©
chronology of his dealings with the District Attorney,
Your Honor, is simply the reason. fila
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BY MB. STROUP:
Q Wan it in January of 198n bite yoriinarinat alleged
conversation with the Defendant, Wilbert La
A It could have been in January,
Q AlY right. And. did you in March of 1980 go Bef
Judie Jun Hiett in Fulton Superior Court with respect to some
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charges that were then pending before you--pending against you?
A Yeah, :
Q A11 right. And do you recall who was in the
courtroom on the day of your sentencing on those charges?
A What do you mean do 7 recull who was in there?
Q All riyrht. Was Russell Parker in the courtroom that
day?
A I don't remember.
Q Al right. ‘Did the District Attorney's Office
make a recommendation for a reduced sentence on charges that you
‘had then pending against you because ofl your testimony in the
Warren McCleskey trial and because of your expected testimony in
the Wilbert Anderson trial?
A - No, uh-huh.
Q There was no memorandum read to Judge John Rhett
at that time from the District Attorney's Office?
4 i= If there was, I d1dn't know nothing about it,
Q £1) right. Did vou have any conversation with
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Russell Parker ahout your receiving a reduced sentence in April
of" 1980 because of your anticipated testimony in the Anderson
trial? : | : \
A sary santence wasn't reduced on acerunt of that ract--
red
Ol) ncocount oo}
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Chia,
“ ID] HOU have oo .conyoeaartion with Rusgell Darkory
Lo 4 ‘ . ay H {ER 2 ) 4 2 oe about ug recommendation that your--
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A I spoke to him but if wasn't on:no basis about
nothing like that.
MR. STROUP: That's all 1 have, Your Honor.
THE COURT: Mr, Dumieh?
CROSS EXAMINATION.
BY Mk, DUMICH: 2
Q Now, Mr, Evans, I've got just a couple of questions.
Did Mr. Parker promise any kind of deal to contact
.anybody to make sure that you get a lesser sentence on your
escape charge if you testified in Mr. McCleskey's trial?
HE : If he 21d, he did it on his own because I don't
EEE anything about Him dota eh. like that. |
| | Q In regards to your Testimony at these rer tty
you 521d you were released from prison or you were released, I
think, in Sora of 179. ts ont 19 | | |
A Yeah.
Q okay. At that time when you were released, gid
you have any otlier charges pending against you?
Obviously not.
A i xNo.
Q And you were subsequently arrested, were vor not?
A Yeunh, 1 wag arrested,
Q You were arrested for the Mareh 164th Arviiod Robbery
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of Denton Black?
A Yeah, I was picked up for that.
Q You were picked up for that.
And did that supposedly occur on larch the 16th, 19792
A . Un-hum., {(Affirmative.)
Q And were you ever sentenced on that?
A No.
Q You were noll-prossed on that, lis that right?
A (Nods head affirmatively.)
Q 2 But that was after you testified in Mr. McCleskey's
trial, right?
A Yeah.
Q PRORE TE picked OR
the nha 10th, 1979 Armed Robbery of Clarence Brantles?
A Yeah. %
TQ Do oe remember that one?
And that charge didn't even occur until September 10th,
8 -* Yenh.
Q And what did vou receive on that sentence?
A Five years.
Q Was it one year to serve?
A Yeah.
( 8 nt-the time that you were sentonced thero,: Hr.
MeCleghaey's case. was completely over, wasn't ix?
30
A Yeah.
Q What sentence are you serving right now?
A I broke probation on that.
Q | Okay. Did Mr. Parker ever come up to you and ask
you to testify during the Wilbert Anderson trial and if you
would testify, he would try to get you a lesser sentence?
Did he ever try to make that kind ol deal with you?
A No. - The reason I got a light sentence on that
Clarence Brantley, was because Clarence Branly told--he didn't
want me, he warsed the man who really robbed him. He told me
that if Toute sive nim thes Selionisnhme and help ge |
him, that he would tell oto uas-rtty and get the Fudte to
drop my sentence but he wouldn't drop it. He went ahead and
give me the five years anyway. That was between me and the
man that got robbed.
ne J." That was the name of the Co-Defendant, if you =
he oa
would give them his name?
for A Yeah. He was the one I made a deal with.
Q° "Okay.
THE COURT: He said he made the deal with the
Co-Defendant, not with the Prosecutor or the police.
Isn't that right, Hr. Evans?
THE WITHES3: Yes, sir.
BY MR. DUMICH:
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Q Dhny. So you testified in three trials, right?
You testified n Mr. NcCleskey!s trial, is that right?
A (Hods head affirmatively.)
Q And then, you also testified in the Burney and
DuPrew. v rial, isn't that right?
A Yeah.
Q And that arose out of the same incident as Mr.
McCleskey's trial, the Diyie Furniture robbery, isn't that
right?
| A Yeah,
: Q And then, you testified in one other case, the
Wilbert Anderson case, is that right?
A ent
Q Only three times?
A eah.
Q And Burney and DuPrec's trial was after Warren
McCleskey's trial, wasn't it?
A Yeah. :
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Q = And during Mr. MeCleskey's trial, you were only
called as a rebuttal witness, weren't you?
A Yen,
Q You weren't uncdd In the ense in ehiar, were you?
A T-don't thinl on,
{ Obra,
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MR. DUMICH: That's all. 1 have, .
THE COURT: All right. You may step down.
Who 1s your next witness?
. MR. STROUP: DBetty Myers.
Would you raise your right hand, please?
Whereupon,
BETTY JEAN MYERS
was called as a witness and after having first
been duly sworn was examined and testified as follows:
A
Q
DIRECT EXAMINATION
BY MR. STROUP:
Woiild you state your name for the record, please?
Yes. T's Betty Jean Myers.
What!s your curiont docress?
264 Chain Street, Marietta, Beorais,
Are you related to Warren McCleskey?
Yes, I am.
What's that relationship?
What role did you play in obtaining an attorney
Lo represent Warren MeCleskey on charges of Murder and Armed
Robbery?
Iu 3978:
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