General - Dupree, Bernard (Related to Successive Habeas Petition)
Deposition
November 30, 1981 - July 20, 1988
153 pages
Cite this item
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Case Files, McCleskey Background Materials. General - Dupree, Bernard (Related to Successive Habeas Petition), 1981. 8f6cfec3-5aa7-ef11-8a69-6045bdd6d628. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ca68f00b-6604-4bec-8239-7b8a3a3b9023/general-dupree-bernard-related-to-successive-habeas-petition. Accessed July 30, 2025.
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IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
BENARD DUPREE,
Petitioner,
vs, Habeas Corpus
No, 2013
LEROY N. STYNCHOMBE ,
Sheriff Fulton County,
Respondent,
Deposition of OFFIE GENE EVANS,
pursuant to notice, before Sharon: 1, Ashford,
Certified Court Reporter and Notary Public,
at Gwinnett County Correctional Institute,
Lawrenceville, Georgia, commencing at the
hour of 1Y:20 a.m, on October 26, 1981,
Worley & Associates Inc.
STENOGRAPH AND VIDEO REPORTERS
539 FIRST NATIONAL BANK BUILDING
DECATUR. GEORGIA 30030
(404) 378-6239
2
1 APPEARANCE. .
2 For the Petitioner: Paul McGee
3 For the Respondent: ~H. Allen Moye
4 EE Le
5 : MR. MCGEE: : I'd Like to show Mr. Evans
6 a copy of the order saying we can take the
7 deposition so you will understand the reason
8 Shy we're here,
9 MR, MOYE: 1'11 agree if you'd like
10 to make this order a part of the record in order
1" for you to explain its purpose,
12 MR. ¥MCGEER!, That will be agreeable.
13 (Thereupon, Notice was read to the
14 deponent,)
15 MR. MCGEE} : At the conclusion of the
: 16 deposition, the witness will decide the right
7 to sign or not sign, As far as any stipulations
; 13 are concerned, would you prefer to object now
: 33 or to reserve objections?
: 20 MR. MOYE: I'11 reserve objections
: 21 except to the form of the question.
; 22 OFFIE GENE EVANS,
23 having been first duly sworn, was exomined and
24 testified as follows:
23 CROSS EXAMINATION
3
BY MR, MC i.£::
Q Mr. Evans, would you state your full name,
please? 3
A Offie Gene Evans,
Q And are you currently confined in prison?
A That's vight, Yes, sir,
Q Would you state for the record your
department of Offender Rehabilitation number, please?
Q And are you currently serving a prison
sentence?
A Yes,
Q And what court imposed that sentence,
please?
A Judge Weltner,
Q In Fulton County?
A Yes,
Q May I direct your attention to the trial
of Benard Dupree and David Burney, Jr, , and ask you
if you recall testifying at that trial which commenced
on November 13¢h, 1972," in Fulton County,
A Yes, 1 remember.
Q Okay, . All right, How, prior to the time
of that trial, were you confined in the Fulton County
jail?
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A eat,
Q Was the case involving Mr. Dupree and
Mr. Burney commonly known as the Dixie Furniture
Store case, or had you heard of it referred to in that
respect?
A Had I what?
Q Had you heard this case involving Mr,
Burney, Jr, and Mr, Dupree, one in which you were
testifying, trial in which you testified, as the
Dixie Furniture Store case? Had you heard that common
appellation?
A No,
Q No, you hadn't, Okay. When was the first
time that you had ever heard of the case?
A When Warren McCloskey was talking about it.
Q And the case involved the murder of
Officer Frank Schlatt of the police department; is
that correct?
A That's right,
Q Had you heard any newspapers or television
reports or any other kind of reports in the media
about this case prior to your conversation with Mr.
McCleskey?
A Ro,
Q Had you heard any report in the newspapers,
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media, tel .ision or radio for the ° ident with
Mr. McCleskey about which you testified?
A I heard about it on the news the same day
it happened, but I didn't know who did it or nothing
like that, They didn't announce that,
Q Okay. Did you hear subsequent reports
in the media, meaning television, newspapers, radio?
Did you hear subsequent reports about the case after
the first day that happened?
A No.
Q Okay. Where were you at the time on the
day the officer was shot? Where were you located?
A I was out at the Federal Penitentiary.
Q At the Federal Penitentiary?
A Uh-huh, |
Q Okay. And this was the time, as I understand
it, when you left a halfway house? Was that prior to
the -- Fulton County jail after being arrested for
leaving the halfway house; is that correct?
A That's yvipht,
Q So the incident involving Officer Frank
Schlatt occurred while you were still at the
penitentiary prior to going to the halfway house and
prior to leaving the halfway house?
A Ye ah,
£ :
1 Q nd what period of timc w-=ve you on the
2 [street after leaving the halfway house? How long was
3 | that?
4 A It was about two or thcae weeks, I don't
5 | know exactly.
6 Q And is it your testimony that during this
7. entire time from the date of the killing of Officer
8 || Frank Schlatt until the conversation which you have
0 ff regtified I think previously that you overheard Mr,
10 || McCleskey make that you had heard no report in the
11 media, television, radio, newspapers about the case?
12 A Not that I remember, because I wasn't
13 paying too much attention to nothing like that no way.
14 Q All right, And had you. discussed the
15 case with anyone prior to your allegedly overhearing
16 the statement of Mr, McCleskey?
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A No. No more than the first day that 1
18 heard it. The guy that be taiking ~~ I really ain't
: 19 cared no more about payin' no attention about the
: 20 case,
: 21 Q Are you saying that there was discussions
: 24 over at the Federal Penitentiary of some of the
23 incidents with the inmates when it came over the media
24 and after that you didn't discuss it with' anyone?
25 A Didn't pay no attention to it.
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Q Now, when you were out the street
after having left the halfway house, did there come
any time that you were under investigation by any
police department or investigative agency for any
alleged crime which you might have committed from the
time you had left rhe halfway house until the time
you were arrested?
A | No.
MR. MCGEBr.: Okay." 1'd like to ask
this question with the understanding that Mr.
Evans might want to assert the Fifth Amendment
Right, and I would ‘like him to be so advised
of his right to assert that by My, Move, or
I will do 1c,
Q (By Mr. McGee) Bering the time from the
point that you left the halfway house until the point
you were arrested, did you commit any new crimes?
MR. MOYE: Mr, Bvans, if he asked
you any questions that you think might tend
to incriminate you, you understand you have the
right to invoke a Fifth Amendment privilege,
Do you understand that you don't have to answer
any questions that he may fink you or that 1
may ask you that would relate to any crime that
you have committed or have been accused of
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eon fitting,
THE WITNESS; All. richt.,
Q (By Mr. McGee) So £O attempt to restate
the question, from the point of time that you left the
halfway house till the point in time that you were
locked up in the Fulton County jail pursuant to that
incident, did you commit any new crimes?
A | Unt-uh,
Q You did not?
A No.
Q Al). rizhe, Now, during that same period
of time from the time you left the halfway house
until the time you were arrested, did you have any
conversations with any police officers?
A Not that I can remeber.
Q All right. Specifically, if this would
help Jou recall, 41d vou have any conversations during
that period of time with Detective Welcoge Harris?
A Unt-uh,
Q The same question with respect to Detectivet
Sergeant Sadosky?
A No,
Q All right, Now, at the time you were locked
up on escape, did you have any discussions with any
prosectorial officer or FBI agent or police officers,
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or anyone. . an investigative capac y in regard to
the case of the killing of Officer Frank Schlatt?
A No,
Q How long had you been locked up on your
escape arrest until you say that you overheard the
statement of Mr, McCleskey?
A 2 don't know, That's been in 178, and 1111
tell you this much right here. What I testified eo,
that's what’ X heard, and so if anything 4 there wight
be 2a few things thav 1 forgot, because I haven't been
arrested nowhere, I'w trying todo my time, TI didn's
tell no lie abouf what happened, and then really being
the Wight that got the case down. What I just said is
what I heard. Iain't -- I ain't convictin' nobody,
Wright. He's the one that opened everything down there
I just told what I heard, because when the deputy oh
they heard me and McCleskey talking, They could have
heard, because everybody back there heard ic. I guess
I'm the only one that said something about tc, because
I know the deputy came around there one day -- one
that was talking to me about it, He was standing there
listening at it, and one day I used the telephone, He
told me that I knowed something about iz, and so 1
Just told him what 1 heard, and that's all, IT ain't
told no lie on that, because I didn't have nothing
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1 against ne ‘her one of them. I didr't have no right
2 to tell no lie,
3 Q Is it your testimony as lL understand it --
4 your testimony is that you were first approached by
5 a deputy concerning this matter of overhearing a
6 conversation?
7 A Do what now?
8 Q.4" 1m trying to understand what you have
9 Jist testified to, You gave us a narrative answer
10 which is fine, but I'w just trying to understand what
1 it was, After you allegedly overheard the conversatiod
12 of Mr, McCleskey, did you wake contact with a deputy
13 or did the deputy make contact with you? Who
14 initiated the contact?
15 A I made contact with the deputy, because I
16 know he heard us talking. So I told him what I
heard, He asked me what I did, gnd I told him, yeah,
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18 I told him and the next thing I know, I was talking
: 19 to detectives then, and it went on from that,
: 20 Q Was this deputy Deputy Hamilton, the one
; 21 your first discussion was with?
22 A I think it was,
23 Q Now, after that discussion occurred, who
24 was the next person that you talked with?
25 A l:'don't know,
Ci Cs
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1 Q All right, Was it some. 2» from the
2 police department or someone from the sheriff's
3 | department or someone from the district attorney's
4 of fice?
5 : A If I ain't mistaken, it was from the
6 police station, but just like IX said, everything was
7 supposed to be wrote down. I know I ain't got to go
8 back Shr oagn this no more, because everything I said
9 {¢ down anyway, I got no more on my mind, 1's
19 just 1ike a computer in wy mind. I might make a
A mistake, I can't run that back dike I did three
12 years ago.
13 Q I'm not asking you to go over your
14 testimony at the trial, I have no intention of asking
15 you directly what you testified to at the trial as
i far as the conversation which you overheard. I don't
want to go into that,
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18 A But what I'm telling vou, I wight say
19 yeah, and then it wight ~~ then I might be waking
a mistake, That's what 1l'm telling you now,
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2 Q We want to have an opportunity to ask
22 the questions and have you answer the questions, and
2 if you need time to think about it, fine, - If as the
gd deposition go088. On you want +o clarify or correct
25 your testimony, that's fine, 1'm just trying to get
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at vhat yor remember,
In any event, you had a conversation with someone
from the police department as best you can remember at
that point after you spoke with Deputy Hamilton,
someone from the police department came to see you;
ie that correct?
A Yeah,
MR. MOYE: Mr. McGee, off the Record.
Q (By Mr, McGee) All right, Mr, Evans,
1'm going to vead from --~ start reading "at pe 964
of the transcript of the Burney and Dupree trial
which commenced on November 13th, 1978, in which you
waye frestifying, 1 think starting at 963 at the
bottom. The questions are by Mr, Parker and the answers
are.by you from the transcript.
"Question: Could you tell us how long
you have known him, sir?
Answer: Ever since about '64.
Question: Since'64?
Answer: Yes, sir,
Question: Have you carried on conversations
with him?
Answer: Yes, sir.
Question: Is he more than just a casual
acquaintance?
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Answer: Not as far as '- know,
Question: Mr. Evans, while you were at
the Fulton County jail, did you ever have any
conversations with Mr, Dupree?
Answer: «Yes, Sir, 1 had some,
Question: Did you ever have any
conversations with Mr, McCleskey?
Answer: Yes, sir.
Question: Could you hear McCleskey and
Dupree talking back ‘and forth?
Answer: Yes, sir,
Question: Did you tell anyone what you
had heard, sir?
Answer: Yes, sir,
Question: Would you tell us who you
told?
Anti; Well, IX told the deputy, The
deputy heard it, and he asked me about it,
so 1 told hin, He asked we that if he told =-
called the homicide detective, would I talk
to him, and I told him, 'Yeah.'
Question: And did a homicide detective
come out and talk to you?
Ansver: Yes, sir,
Question: And who was that, sir?
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1 | “newer: Mr, Harris and Sadosky,
2 Question: Have you seen me before, sir?
3 Answer: Yes, sir,
4 Question: Where have you seen me before?
5 : Answer: You came out there,
6 Question? To the Fulton County jail?
7 Answer: Yes, sir.
8 ~ Question: Have you seen me anywhere else?
9 Answer: No more than just down here,
10 Question: How about at the Atlanta. Police
1 Station?
12 Answer:. Yes; sir, that's right, I "seen
13 you down there,
14 - Question: Now, Mr, Evans, can you tell
15 us if you have ever heard Mr. Dupree say anything
: 16 to Mr. McCleskey about McCleskey putting
17 | Dupree's name in a statement?
; 13 Answer: Yeah, he asked McCleskey why he
: ig did -- why did he indicate (sic) him in the
: 20 statement when he knowed he couldn't be
: 21 ‘identified.
: 22 Question: He sald what?
23 Answer: He said -- he ‘asked McCleskey
24 why did he put him in that statement when he
25 knowed that he couldn't be identified.
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uastiont All right, si Did Dupree
say anything else about any statement that Mr.
McCleskey might have made?
Answer: He asked Mec ToR key -- he told
McCleskey -- said that he had did nothing
wrong to him for him to indicate (sic) him in
that statement, and he said how would he feel
if ne was going to go on and tell that McCleskey
was the gun man, the trigger man in that
robbery.
Question: Now, did you ever hear Dupree
ever say anything about that?"
Objections, and then further questioning.
YOuestion: Can you tell us if Dupree
ever said anything that you overheard concerning
visitors with Mr. Dupree?
Answer: Yeah, he said he thinks that the
reason his girlfriend hadn't been out there to
see him is because he thought Mary might have
said something about they split the money up
‘at her house.
Question: At whose house?
Answer: His girlfriend's.”
MR, MCGEE: : My, Move, I think that
concludes all the direct and actually cross
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in regard to that question, i oselieve,
MR, MOYE: | I think so,
Q (By Mr. McGee) So, Mr, Evang, I've Just
finished reading portions of your direct testimony at
the trial I think concerning the matters that we 're
discussing. But I'd now like to ask you, was your
first contact with the City of Atlanta police officers
In response to or after your discussion with Deputy
Hamilton?
A It was after, After it, yes,
Q And approximately how many days or hours
if you remember did it take them to come out and see
you at the jail?
A 1 don't know. I don't versubep that,
Q Do you recall if it was the next day or
the next week or when?
A When I say I don't remember, I don't
remember,
Q Okay. Now, did the officers talk to you
,
out of the jail on a number of occasions or just one
occasion?
A I don't know.
Q All wight. Now, did the officers show you
any police reports in connection with the Frank Schlatt
killing?
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A No. They ain't showed ~~ no reports.
Q Did they show you any investigative
information whatever?
A (Indicating,.)
Q Did they just answer your questions?
A They came and asked me what I had heard,
and I told them what I had heard.
Q All right,
A I ain't added no more to it, I just told
them what 1 heard, and that was it,
Q Atllright, Now, are you saying that they
just asked you questions; they did not tell you
anything?
A They wanted to know what -- they asked
me what I did hear them atkins about, and that's what
I told them,
Q All right. Now, did you have conversations
with the City of Atlanta police officers down at the
City of Atlanta police station?
A Did I do what now?
'Q Did you have conversations with the
City of Atlanta police officers about this subject,
what you allegedly overheard? Did you have
conversations with them about this down at the police
station?
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A What I told them at the ‘ailhouse?
Q Yes,
A I come in there, and they typed it down
at the police station,
Q All right, You gave up a typed up
statement down at the police station?
A That's wisht,
Q | Okay. Now, how many times were you carried
down to the police station in connection with this
investigation?
A I don't know,
Q Was it more than once?
A I don't remember how many times it was.
Q All right, Did you have conversations
with investigative or prosectorial officers, meaning
basically police officers, FBI agents, district
attorney, assistant district attorney, or their
investigators, anyone of that characteristic? Did
you have conversations about this subject with anyone
other than the two detectives that you have mentioned?
A Well, when they wrote the statement, it
was more people sitting in there, but I don't know.
Q Do you know who they were?
A I don't know who they were,
Q All right, Now, did there come a time when
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you had a »nversation with an Fpl : ent concerning
your escape charge from the halfway house?
A I'm getting tired of this here now. I
done testified in this case and cats them what I
heard. Now, this has been twice that I'm going over
this again, I know I ain't got to do rhis, I'm
trying to cooperate, but I can't keep up with all that
when it's already wrote down, What's wrote down there,
that's what I said, So I don't see no use in me
keep going through with this. So I'm through with this.
I got more on my mind outside to Y¥Oorry about than this
case, They in jail for whatever they did. I don't
know whether they did it or not, but I know what they
said, so I ain't got to go through all of this no more,
and you a man just like me, and you should know that,
I got more to think about, about my trouble, than
something I can't Yonenber, When it happened three
years ago and you got it wrote down on piper, it ain't
Zotiie to change,
Q All FIER,
A I ain't trying to be smart Sirher, but I
can't keep of,
MR, MOYE: Let's go off the Record
for a second.
Q (By Mr. MeGee) All ight, Now, Mr, Evans,
2
1 since the ial that we're concernes with here in a
2 deposition, the Burney and Dupree trial, have you had
3 contacts over the years with Mr, Harris, the detective
4 Welcome Harris?
5 A Yeah, I've seen him since,
6 Q All right, And did you have .a series of
7 contacts with My, Harris concerning the Wilbert and
8 Durson case?
9 A 1 ain't going to answer that,
10 Q All right, Did you have a series --
n did you have any contact with Detective Welcome Harris
12 gfter ithe trial which ig the subject of ‘this depositioni
13 the Dupree and Burney trial? Did you have any
14 contacts with Detective Welcome Harris in regard to
15 matters other than the Wilbert and Durson case?
; 16 A I'm going to take the Fifth Amendment and
: 17 leave that just like it is, because I need a lawyer
; 15 myself Lif we keep on going.
: 19 MR. MCGEE: : For the Record, I'd like
: 20 Mr. Moye to clarify to the witness the fact
: 21 ‘that having a contact with Detective Welcome
: 24 Harris 2 I'll rephrase the question.
23 Q (By Mr. McGee) Have you had any contact
2 with Detective Welcome Harris in regard to any matters
25 which Detective Welcome Harris was investigating on
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behalf of we City of Atlanta Police Vepartment from
the time of this trial and discussion here until the
present leaving out the Wilbert and Durson trial?
A Same thing. I'm going to take the Fifth
Amendment on that thing, too,
Q I'm not asking the subject of the contacts,
I'm merely asking if you had contacts,
A | But I know what's coming up to it. I've
been down the -- I mean, about ten months with the
same thing on the same case just about the same
questions,
Q I'm not -- hiss a different case, Mr.
Evans. I'm not talking about the Wilbert and Durson
case, I'm talking about any contacts which you may
have had after the rial, the discussion here through
the present with Detective Welcome Harris aside from
any coniast that was directed with the Wilbert and
Durson case?
A I can't remember.
Q Do you withdraw your Fifth Amendment
assertion to the question I just asked? Previously
I was asking in the best of my ability the same question
and you took the Fifth Amendment. Ard you withdrawing
your Fifth Amendment assertion? You have a complete
right to assert it, We knowithat.
A If iets down, you've got it down op paper Over there,
Q I'm asking you,
A I don't remember, xf 1t's down op paper, YOU run across jit and whether I'11 know or not, Q Now, I'm asking you frog the time of gpg
A After the Crial?
Q Yes,
Ay That's what I toig you, I don't remember Whether I did op ROL, And then 7 don't have th say gvord, I kuew that, ang pr about ready to walk out this door, because I know you can'ry
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meant to i .er anything, Mr, Evans. -T understand your
position 1 think,
Now, you did testify on. behalf of the
state In the McCleskey trial that occurred before the
Burney and Dupree trial involving the killing of
Officer Schlatt, did you not?
A That's right,
Q Now, following your appearance as a
witness in the McCleskey trial, were you aware of the
fact that Mr, Parker had contacted an agent with the
Federal Bureau of Investigation to determine if that
agent was going to continue to press any charges from
your escape from the halfway house?
A Look here, if Mr, Parker did that, he
didn't have to do that, because, see, I didn't escape
from the halfway house. I stayed too late, That's
all I did, and I know myself that I wasn't going to
get no time for that. 1 know more about the federal
rules probably than Mr. Parker ever will. I know the
rules of what was going to happen then, See, all}
did was got off and didn't come back exactly on time
and talked to the man, and he told me, "I'm going to
have to send you back. You stay in bn come in as
you want," That's what the wan at the halfway house,
and L know I didn't have to go nowhere to put =-- I
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wasn't goi - to get no time to start with, All 1
did was got myself hooked up in talking with a man
about a murder case, and the wrong people heard it
if they didn't take it the way I thought they did,
That's why I went on and said that. And told it like
it wie, and really got me more than I gained, because
I wasn't going to get caught in no conspiracy,
Q Well, has it ever gained you anything,
the testimony which you gave?
A It didn't gain me nothing what I was
pulling alto but what it was, I know both of them,
aad. we all talk abouts it during that time out thare,
They could have -- something ran through my mind,
I don't talk about no murder case about nobody, and
I know somebody heard me talking about it anyway and
heard all of this talk, and by him coming and telling
me about it, and I don't know why he told me it
anyway, The way he did it was making {it look like I
knew something about it, so I just told anyway.
Q Now, have you ever received any consideratig
whatsoever in regard to any criminal charges or pending
investigations or possible investigations by the City
of Atlanta police department because of your testimony
in the two trials, McCleskey trial and Burney and
Dupree trial? This would include possible investigation
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after the .me of those trials to t present?
A Say that again,
Q All right, i,
A I didn't understand.
Q Have you ever received any consideration
with regard to investigations, pending investigations
by the City of Atlanta police department in regard
to yourself because of testimony which you gave in the
McCleskey trial and the Burney and Dupree trials?
A I don't remember that. .I don't know, but
just dike I told you, Tutold you what I got: for that
testimony. That's nothing,
Q All right, Now, what happened after you
left the Fulton County jail? You were arrested on
escape and you stayed in the Fulton County jall, and
what happened to you?
A Went back and finished my time and got
cut,
Q All right. Now, so it's your testimony
that you received no consideration in regard to the
handing of your escape charge because of the testimony
you gave?
A Must have didn't, Did all my time. What
you're trying to get around to -- I ain't made no
deal with nobody about nothin' like that,
26
1 Q Jos subsequent to your aving the
2 penitentiary after you went back and did your time
3 following the escape arrest, subsequent to getting
4 out and to the present, have you ever received any
5 consideration by the City of Atlanta police
8 department because of your cooperation and testimony
7 in the McCleskey case and the Burney and Dupree case,
8 please?
a A YT'don't remember, I ain't going to answer
10 that, I'11 have to take the Fifth Amendment on that,
n Q All right, Do you think it's possible --
12 whether or not you remember, do you think it's
13 possible that you could have received subsequent
14 consideration?
15 MR, MOYE: 1'm going to object to
: 16 the form of the question,
17 MR. MCGEE: - All right.
18 Q (By Mr, McGee) All right, Did you ever
; 19 have any discussions with Detective Welcome Harris
20 or Detective-Sergeant Sadosky or any member of the
21 City of Atlanta police department in regard to their
22 attitudes toward you following the McCleskey and
23 Burney and Dupree trials? |
24 | A 1'd have to hush on that, too,
25 MR, MOYER: Paul, 1 have some serious
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re: :vations about the relev~-cy of anything
that happened to Mr, Evans after he testified
that was not related to something that was
going on prior to his testimony, 1 simply do
not see any relevance whatsoever, I know I
can't stop you from proceeding with a definition
on the basis of an irrelevancy objection, but
I certainly don't think that's going to get
your client anywhere,
MR. MCGEE: All right,
Q (By Mr. McGee) Subsequent to the McCleskey
and Burnéy and Dupree trials, from that point of time,
subSequent to those trials from that point and time
up to the time of the Wilbert and Durson trial, did
you have any understandings of any kind of any officers
0f the City of Atlanta police department?
| A Not hat I can recall,
Q All right, If you can remember, what
City of Atlanta police department officers ~~ and 1'11
limit that to detectives -- did you have occasion
to converse with subsequent to the trials until the
Burney and Dupree trial until the Wilbert and Durson
trial?
A What now?
Q All right, Subsequent to the Burney and
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Q (By Mr, McGee) This qur. tions has been
asked and answered, but I asked it, I think, two
different ways and probably not as clear as I should
have, so I'd like to try it again and get your response
again, Okay.
From the point and time when you were
released from the penitentiary, Federal Penitentiary,
after your arrest on the eScape charge and you
completed your time, from that point and time ‘when
you were released up till the time when you got locked
up prior to the Wilbert and Durson trial, did you have
occasion to have discussions with any City of Atlanta
police detectives?
A About what?
Q About anything,
A No more than the time I got locked up.
No, I didn't, I doubt it though,
Q All right, Directing your attention back
to the time of the Burney and Dupree trial and at that
moment your pending escape charges from the hattuay
house, you contend that they were not escape charges?
They were breech of trust charges; is that correct?
Do you contend that you had no er imingl liability for
that alleged escape, or how did you understand that?
MR. MOYE: I object to the form of
the Question,
Q (By Mr, McGee) At the time of the Burney
the halfway house?
Bes Lothar. vay, ain't gone nowhere ang tried to leave town op Nothing 1ike thar
A That's right,
31
1 Q 7 And so the net result o” the whole thing
2 was that you simply were made to go back and your
3 parole was revoked and you had to finish your full
4 term?
5 : A 1t wasn't revoked, I done all my time
6 anyway.
7 Q So you maxed out in effect?
8 A Riene,
9 Q All right, Were you aware that Mr.
10 Parker, the assistant district attorney who prosecuted
1 the Burney and Dupree case and who questioned you on
12 the stand, were you aware that Mr. Parker had had
13 | discussions with the federal agent who was Investigating
14 your alleged escape case?
15 MR. MOYE: xX chiar to the form of
16 the question,
17 | MR, MC GEE: Mr. Moye, could I inquire
18 as to the nature of the objection?
19 MR. MOYE: As compounded, assuming
facts not in evidence, It assumes 3 substantial
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21 number of facts that are not in evidence in
22 this case. There is no indication that Mr,
23 Parker had any conversation as yet in this
24 case,
25 MR, MC GEER: Okay, I'd like to direct
32 yo: attention,
Mr, Moye, te page 971 of the transcript,
and do yoy have that there?
MR. MOYE. Let me SCe. Okay. ''1
investigating your alleged escape case, were you aware of such contact by Mr. Parker with the agent?
in jai1 fnyway, That's all I can remember about that, I know I talked to the Committee;
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Q I'm not sure I understo’ your last
answer, Did you talk with the federal agent in regard
to your escape charge or just to a member of the
committee?
A The committee,
Q The committee only as far as you can
recall?
A As far as I can remember.
Q As far as you can recall? : ;
A Yes,
Q All right. Did you ever have any
conversations with any City of Atlanta police officers
and detectives in regarding your alleged escape charge
from the halfway house?
A No more than -- let me see now. They know
what I was out there for, but that's all, but then you
say going. to help get out, and I knowed that, so IX
wouldn't get in nothing like that,
Q So you didn't even ask them about some
conversation or some help in regard to vour i
A I wasn't asking them to help me on that
charge no way when I already know it myself, 1 tend
to my business myself out there, I don't have to do
that, TI got hooked up in a conversation with them guys
talking, That's what -~ I could have handled that in
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Joil wysel® and got out of all of that, because I
know what was going to happen in two or three weeks
before I came out there to. the halfway house to get
took 'to jail,
Q Okay. So your answer to my last question
is, no, you did not have discussions with the City of
Atlanta police officers regarding your pending escape
case?
A No.
Q Well, the answer to the question is, no;
is that correct?
A. That's right, . They might have asked we
what 1.got picked up for or something 1ikeithat, I'w
going to do ~~ they ain't brought up nothing 1ike that,
period, They're going to do so and so.
Q Would it be your testimony that you had
no understandings of any kind with the City of Atlanta
police department or officers concerning any favorable
help for you at that point in time or in the future
with regard to consideration for your testimony in
the McCleskey and Burney and Dupree trials?
A No. You can all see that yourself, They
ain't paid me, They ain't helped me get out of nothing,
because just like 1 told you, I had that sewed up
myself, 1 told them what I heard, and I might have
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been talkir~ too much, and I might have been getting
in somebody else's business, but I told them what I
heard,
{
Q We're aware that you had a perfect right
to testify to the truth at the trial, There's no
discussions about that, You have a perfect right to
be a witness for the state and to tell the truth or to
be a witness for the defendant and tel) che truth,
Anyone in the world has that right, and that privilege,
We're not at all quarreling with that, Theve's no
question about that, All we're trying to do is determing
whether or not there was any kind of understandings in
regard to some consideration for your testimony which
in no way is illegal as such, The only question is
whether or not these matters are brought before the
jury if it's necessary for them to be brought before
the jury. That's the only question, That's all we're
concerned with, I want to ask you if you had any
understanding with the City of Atlanta police department
concerning their attitude toward you as far as future
Q Okay. And, in fact, were you ever given
Any such favorable consideration because of this
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testimony? =
A No.
Q Okay. Did you ever have any discussions
with Detective Welcome Harris or Sergeant Sadosky
after the McCleskey trial was over, the Burney and
Dupree trials were over, in regard to your testimony
af those trials? Dig you ever discuss the matter
with Sergeant Sadosky or Detective Welcome Harris?
A After the trial?
Q Yes,
A we,
Q At any time?
A I don't remember if TI did,
MR, MCGEE? - All right, 1 have no
further questions,
|
DIRECT EXAMINATION
BY MR, MOYE:
|
Q Offte, let me ask you just one or two
questions, With regard to this incident and what you
overheard at the jail, is it fair to say that you
talked to only four people, the deputy there, Mr,
Hamilton, Welcome Harris and Sadosky from the police
department and Mr, Parker?
A Yes,
Q Did any one of those four make you any deals
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about what vou were in jail for?
A Ain't made no deals.
Q Did anyone of them ever do anything for
you that you knew about prior to the time that you
testified against Mr, Dupree?
A No,
MR, MOYE: That's all © have,
RECROSS EXAMINATION
BY MR, MC GFE:
Q I would like to ask whether or not any
of those four persons just named did anything for you
after the trial or at any point up to the present?
A If they did, I don't know nothing about
it. You know, I wouldn't be in the penitentiary now,
don't think I would 4f I would go in there and beg
them, asking £0 do nothing, ‘1 just got something I
heard, x ain't asked them folks to help me out; get
out’ of jail.or nothing like that, .'I don't see nothing
they did anyway, if they did,
Q You're saying from the four persons that
Mr, Moye enumerated in his question, you received no
favorable consideration whatever from the time of the
trials to the present?
A Sure ain't, (IL X would, LT don't think 1
would have been in jail, But that's what most guys
38
make deal Zor is to get out of jai and the only
thing I did was run myself hot, I ain't accomplished
nothing, I wish I would have asked for something now,
MR, MC GEZ: Thank you, Mr, Evans.
(Deposition concluded, )
CERTIFICATE
GEORG TA )
DEKALB COUNTY )
The within and foregoing deposition was
taken before me as stated in the caption, and
the questions and answers were reduced to
writing by me, and I further certify 1 am
neither of kin nor counsel to any of the
parties, nor in any way interested in the
outcome of said case,
This _D lst day of November, 1981,
CALE ond
Sharon Ashford, Nbtary Public,
Certified Court Reporter
My Commission Expires:
December 12, 1981,
20
UNITED STATES DISTRICT COURT
FOR THE RORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
WARREN McCLESKEY,
Petitioner,
CIVIL ACTION NO.
vs. 1:87-CV-1517-JOF
RALPH M. KEMP, Superintendent,
Georgia Diagnostic &
Classification Center,
HABEAS CORPUS
28 U.8.C.'§ 2254
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Respondent.
———— ————— ————————— —————— ————————— Th —— eth hh — — a —
BERNARD DEPREE,
Petitioner,
CIVilL ACTION NO,
1:85-CV~-3733-RIV a
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VS.
LANSON NEWSOME, Warden,
et al.,
HABEAS CORPUS
283. U.8.C.8:2254
E
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Respondents
DEPOSITION OF OFFIE GENE EVANS, taken at the instance o©
Respondents in the above-styled cases, in the Courtroom of
the Honorable Robert L. Vining on the 21st floor of the
Richard Russell Building, 75 Spring Street, Atlanta, Geor
before Earlene P. Stewart, Certified Court Reporter and
Public, on the 13th day of July, 1988, at 9:00 a.m.
EARLENE P. STEWART
Certified Court Reporter
4334 Greenvale Drive
Decatur, Georgia 30034
(404) 981-2311
££
ro
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APPEARANCES
For the Petitioner
Warren McCleskey
ROBERT H. STROUP
Attorney at Law
STROUP & COLEMAN
141 Walton Street, N.W.
Atlanta, Georgia 30309
For the Petitioner
Bernard Depree
CORINNE MULL-MILSTEEN
Attorney at Law
Suite 601 Flatiron Building
84 Peachtree Street
Atlanta, Georgia 30303
For the Respondents
MARY BETH WESTMORELAND
Assistant Attorney General
Department of Law
132 Judicial Building
Atlanta, Georgia 30334
WILLIAM B. HILL, JR.
Sr. Assistant Attorney General
Department of Law
132 Judicial Building
Atlanta, Georgia 30334
EARLENE P. STEWART
Certified Court Reporter
JE
-
CONTENTS
WITNESS DIRECT CROSS REDIRECT RECROSS
OFFIE GENE EVANS
By Ms. Westmoreland 7 95
By Mr. Stroup 24
By Ms. Mull-Milsteen 63
EXHIBITS
Exhibits Identified Page
Respondent's 1 Order, McCleskey 6
Respondent's 2 Order, Depree 6
Respondent's 3 Depree Trial Transcript 12
ee McCleskey 1 Offie Evans FBI Record 37
|
* Depree 1 Portion of McCleskey
Habeas Corpus Hearing 90
I EARLENE P. STEWART
Yak. Certified Court Reporter
wy rover iin ata es rset
Dios
DEPOSITION
MS. WESTMORELAND: Let me begin by stating that
this is the deposition of OFFIE GENE EVANS taken
pursuant to court order, leave of the court granted
in both cases of Warren McClesky versus Kemp,
Number 1-87-CV-1517-J0F and Bernard Depree versus
Lanson Newsome, Number 1-85-CV-3733-RLV.
For purposes of this deposition I want to
attach to the deposition copies of each of these
orders: as Respondent's Exhibit 1, the deposition
in the order in the case of Warren McClesky, and
then as Respondent's Exhibit 2, the order in
Bernard Depree.
This deposition is being taken, as I said,
pursuant to leave of court for purposes of
discovery and for purposes of preserving testimony
and for such other purposes as will be allowed
under the Federal Rules, depending on what develops
in both cases.
Now, Mr. Evans, let me explain as I was
starting to explain a minute ago. My name is Mary
Beth Westmoreland; I'm with the Attorney General's
Office here in Georgia. This is William Hill who
is also with the Attorney General's Office. Seated
across the table from me is Corrine Mull-Millsteen
FEARLENE P. STEWART
Certified Court Reporter
who represents Bernard Depree and Mr. Robert
Stroup, who represents Warren McCleskey. This lady
down here is the court reporter who is taking this
down.
We're here today because the judges in both
cases of Warren McCleskey and Bernard Depree have
granted us permission to take your deposition to
get some testimony from you relating to those two
cases and events back in 1978 when you testified in
the two trials of those cases. And that's what
we're here for and that's why we want to ask you
some guestions about that.
Since this is a deposition, what that means is
the court reporter is going to take down everything
sort of like it was in a trial and type it up.
When she finishes with that deposition, if you want
to, you can have the copy of the deposition sent to
you or brought to you. You can read through it to
make sure there are no errors or typographical
mistakes or something along those lines, and you
have the right to sign the deposition after it's
over with if you'd like to do that, You can also
waive it and just go ahead and let her type it up
and send it in; whichever you'd rather do. Which
would you prefer?
EARLENE P. STEWART
Certified Court Reporter
ha
24
25
MR. EVANS: I'll just waive signature.
MS. WESTMORELAND: And also, before we begin as
well, Mr. Evans, you have counsel appointed for
you, Mr. Ken Feldman; is that right?
MR. EVANS: Yes.
MS. WESTMORELAND: And have you had an
opportunity to talk to Mr. Feldman in the past
couple of days?
MR. EVANS: Yes.
(Whereupon, Respondent's
Exhibits 1 and 2 were
marked for identification.)
MS. WESTMORELAND: Now, would you just please
state your full name?
MR. EVANS: Offie Gene Evans.
MS. WESTMORELAND: And could you spell your
first name?
MR. EVANS: O-f-f-i-e.
MS. WESTMORELAND: Mr. Evans, where are you
presently being held?
MR. STROUP: I'm sorry; has he been placed
under oath?
MS. WESTMORELAND: I'm sorry; thank you, Mr.
Stroup. Would you place him under oath, please?
Whereupon,
EARLENE P. STEWART
Certified Court Reporter
OFFIE GENE EVANS
was called as a witness and, having been duly
sworn, was examined and testified as follows:
MR. STROUP: And Mary Beth, also, I'm not
sure; have we agreed how we'll handle the ob-
jections?
MS. WESTMORELAND: No, we haven't. Thank you,
Bob.
MR. STROUP: My preference would be for us not
to reserve objections.
MS. WESTMORELAND: I think that would be every-
body's preference, and I think we can all agree to
that. Is there any other thing before we begin?
MR. STROUP: I don't have anything further.
DIRECT EXAMINATION
BY MS. WESTMORELAND:
Q Now, Mr. Evans, could youl tell us where you're
presently being held?
A Fulton County Jail.
Q And why are you being held at the Fulton County
Jail; what are the charges?
A Burglary.
Q And are those pending charges at this time?
A Yes,
Q So, there hasn't been any disposition of those
EARLENE P. STEWART
Certified Court Reporter
rr
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25
charges?
A No.
Q And you're represented by counsel on those charges;
is that right?
A Yes.
Q And I believe I asked you previously, you have had
a chance to talk with your counsel?
A Yes.
Q Now, Mr. Evans, concerning your testimony today,
just to make it clear, has anyone made you any
representations about anything that will happen as a result
of your testimony today?
A No.
Q Okay. Anybody made any promises to you about your
testimony today?
A No.
Q All right. Now, Mr. Evans has anyone made any
threats to you about your testimony today?
A No.
Q Have you ever talked to me before today?
A Not as I can remember.
Q Have you ever met Ms. Mull-Milsteen?
A No.
Q And I believe you may have met Mr. Stroup?
A Yes.
EARLENE P. STEWART
Certified Court Reporter
r—-
ud
Q And do you recall when the last time you talked to
Mr. Stroup was?
A No.
Q Would it have been anytime recently?
A I can't remember the last time I talked with him.
Q You may remember, I believe you testified at a state
habeas corpus hearing back in 1981 where Mr. Stroup was
present. Do you recall that?
A Yes.
Q Do you know if you've talked to Mr. Stroup since
that time?
A I don't think I have. I can't recall it now if I
have. I remember I talked to him down at Jackson, I think.
Q Have you talked to him in the last year?
a Not as 1 can remember.
Q Have you talked with anyone else that you're aware
of who is presently or has been representing Warren McCleskey?
A No.
Q And have you talked to anyone else who is
representing Bernard Depree?
A No.
Q And have you ever talked with Mr. Hill, seated
next to me?
A I don't think I have.
Q Have you talked to anyone, aside from your own
EARLENE P. STEWART
Certified Court Reporter
10
attorney, about your testimony today?
A No.
Q Let me ask you also, Mr. Evans, have you talked
specifically with anyone from the Atlanta Police Department
about your testimomy today?
A No.
Q Have you talked with anyone from the Fulton County
District Attorney's Office about your testimony today?
A No. The only reason I knew I had to testify was a
fellow come out to my sister's house several times, because,
you see, I wasn't even around there nowheres, but she told me
about it later on and what it was all about. And I read it
in the newspaper and some people heard it on the T.V. too.
And that's how I knew sooner or later that I was going to
have to come to court on this charge. But I ain't never
faced with nobody to tell me nothing about it. That's the
way I found out about it, because all I was doing was just
waiting on it, because I knew it was coming up.
Q Do you recall, focusing back to 1978, which if it
will help to refresh your recollection, that was the year
that Mr. McCleskey and Mr. Depree were both tried. They were
tried in 1978.
A Yes.
Q Can you recall where you were in July of 1978?
A During that time?
EARLENE P. STEWART
Certified Court Reporter
(@)
>
Q
11
Yes.
I was in jail, Fulton County.
Fulton County Jail?
Yes.
And do you remember specifically when you were
arrested and when you were placed in Fulton County Jail?
A In May, I believe.
Q You think it was May?
A It could have been -- it was during the summer
months. It might have been around August, something like
that.
Q You're just not sure at this point?
A I'm not sure exactly what month it was.
Q Let me do this, Mr. Evans: let me show you some
pages -- do you recall testifying first in the trial of
Bernard Depree?
A Yes; I recall testifying.
MS. WESTMORELAND: Let me show you, and
I'll show counsel first, these are the pages
of his testimony from the Depree trial.
For purposes of the deposition I'm going
to get this marked as Respondent's Exhibit 3.
Mr. Evans, let me show you, then, this
document which we're going to have marked
as Respondent's Exhibit 3, which is your
EARLENE P. STEWART
Certified Court Reporter
12
7
Nid
1 testimony in the Depree trial, and ask you
2 if you would review particularly pages 958
3 and 959 and see if that helps to refresh
4 your memory about when you were incar-
5 cerated at the Fulton County Jail.
6 THE WITNESS: I ain't got my glasses.
7 I can't really see that.
8 (Whereupon, Respondent's
9 Exhibit 3 was marked
10 for identification.)
11 MS. WESTMORELAND: Would counsel object
12 if I read to him from this transcript?
Yi 13 MS. MULL-MILSTEEN: I'm having problems
14 in that he's not even able to identify that
15 as being his testimony in his transcript.
16 MS. WESTMORELAND: Do you have a complaint
17 that this is not from the transcript of his
\ 18 trial? I'm simply asking him if this re-
19 freshes his recollection. I believe you have
20 your copy of the transcript with you.
21 MR. STROUP: I don't have any particular
22 objection. I don't really see the dates
23 there. I guess 9 -- I see, all right, 1
24 hadn't spotted it.
25 BY MS. WESTMORELAND:
= FEARLENE P. STEWART
Certified Court Reporter
po
13
Q Mr. Evans, since you don't have your glasses, let
me just read and see if this refreshes your recollection from
the transcript of the Depree trial on Page 959. The question
is being done by Mr. Parker. And the question asks, "Do you
know when you were first taken to the Fulton County Jail?"
The answer is, "July the 3rd." The question again is, "July
3rd?" and the answer is, "Yes, sir." Does that refresh your
recollection any to help you to remember when you might have
been taken to the Fulton County Jail?
A I knew it was during, somewhere along in there. I
couldn't, you know, recall the date right then, you know,
right off the bat.
Q And when you were first taken to the Fulton County
Jail that summer do you recall where you were placed in the
Jail?
A In Isolation.
Q Tell us what you mean by Isolation; how does it --
A A single man cell.
Q So, the single cell, then?
A Yes; single cell.
Q Do you recall specifically which cell you were
placed in?
A In 14.
Q Do you recall which floor that was on?
A Pirst floor,
EARLENE P. STEWART
Certified Court Reporter
14
Q And do you recall does that have only one wing,
north wing, south wing?
A Yes,
Q Do you recall which wing it would have been?
A North.
Q So, that was the cell you were placed in the first
day you came to Fulton County Jail?
A Yes.
Q Do you recall who, if anybody, was next to you that
you knew?
A Mine was on the end and then McCleskey was in the
one right beside me and a white guy was in the third one in
front of me.
Q And do you recall who was upstairs?
A Depree was upstairs.
Q Do you recall how long after you were brought into
the Fulton County Jail it was before you started having
conversations with Mr. McCleskey?
A We started talking the first day I come in there.
Q What were you all talking about; anything in
particular?
A We were just talking about Reidsville and guys we
knew and stuff like that. Just, you know, general
conversation.
Q Now, do you recall, then, how long it was after you
EARLENE P. STEWART
Certified Court Reporter
24
25
15
had been there that you started talking about the particular
crime in question; that is, the robbery of the furniture
store and the killing of the police officer?
A The way that started, McCleskey, you see -- Depree
was upstairs. Depree was upstairs over him. And we were
talking and he asked me did I know Depree. And I said, told
him yes, and he said, "He's upstairs over me." And then he
told me what they was in there for. And they talked
backwards and forwards and backwards and forwards. And, so,
Depree started talking to me and then that made McCleskey,
you know, behind me knowing Depree, I've been knowing him
about ten or fifteen years.
Q Is that Depree?
A Yes. And, so, then me and McCleskey had started
talking; we all had started talking.
Q So, that was sort of from the first day you were
in; is that what you're saying?
A We just really started talking then. 1 stayed
there for about a month.
Q Now, when was the first time that you talked to the
police officers or the deputies or anyone like that about
these conversations you had been having with McCleskey and
Depree?
A Well, we talked back there -- and, you know, you
could easily hear back in that hole back there. So, we was
EARLENE P. STEWART
Certified Court Reporter
16
talking back and forth, and McCleskey, he started telling me
what they was in there for. And then he started
mentioning, started talking about Ben. And the conversation
started going just like he knew him. And, so, the deputy
used to stand back there and eavesdrop; you understand what
I'm saying? And the conversation kept going and going and
going. And, so, one day I went out to a visitor or
something, and the deputy started telling me about what we
had done said. The way he tried to talk was in a way like I
might have knew something about it myself. You see, during
that time I was out to the Federal Penitentiary when this
case happened. But that was a long time; that was about
close to a month before he said something about 1t. But he
used to be back there all the time.
Q Now, you said the deputy in particular. Do you
recall who that might have been?
A I can't -- really, I done forgot his name.
Q Was it somebody who worked at the Jail, though?
A Yes,
Q Do you recall, would that have been Deputy Hamilton
or does that name ring a bell with you?
A I ain't for sure but I think that was his name; a
real short deputy. But that's been a long time ago.
Q Do you recall if he was a white person?
A White.
EARLENE P. STEWART
Certified Court Reporter
7
Q Now, time frame, I know that's a long time. But in
relation to this, the first time that you talked to the
deputy or he talked to you about it, before that had you
talked to anybody else besides the inmates about --
A No; nobody.
Q Had anybody talked to you about the killing of Frank
Schlatt aside from the inmates?
A No.
Q Specifically, had you ever talked to -- well, do
you know Sydney Dorsey, the police officer?
A Yes, I know him.
Q And had you talked to him about that case before
you talked to Mr. Hamilton or the deputy?
A No.
Q Do you know a police officer by the name of Welcome
Harris?
A Yes,
Q Had you talked to him about either the Frank
Schlatt case or McCleskey or Depree before you mentioned this
to the deputy?
A No.
Q Have you talked to anyone from the District
Attorney's Office?
A No ma'am.
Q Do you recall who the first police officer was that
EARLENE P. STEWART
Certified Court Reporter
~
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25
18
you talked to about these conversations you'd been having
with Mr. McCleskey and Mr. Depree?
Mr. Welcome Harris and Mr. Dorsey.
Welcome Harris and Dorsey?
A
Q
A Yes.
Q And what were the circumstances involving that
first conversation you had with them about the case?
A He asked me -- the deputy told me, he asked me to
call Homicide down there and explain it to them. So, that's
how it started.
Q What happened after that?
A I told them what we was talking about.
Q You told who?
A Welcome Harris and Dorsey.
Q Did they come out to the jail to see you?
A Yes,
Q Do you know if anybody else came with them?
A Nobody.
Q So, that was --
A Just them two.
Q Now, do you remember where it was in the jail that
you talked to them?
A Yes; in the front office.
Q Do you recall whose office it was?
A No.
EARLENE P. STEWART
Certified Court Reporter
19
Q When was the first time that you talked about all
these conversations to someone with the District Attorney's
office?
A They came out to the Jail and got me and took me
over to the City Jail and typed it all out and asked me would
I testify to it, and I told them yes. So, about a week or
two later the District Attorney came out there to talk to me.
Q Do you remember talking to anybody from the
District Attorney's Office before that? ~
A Russ Parker; nobody but him.
Q I'm sorry; Russ Parker?
A Yes,
Q And is that the first time you remember talking to
Mr. Parker?
A Yes, it is,
Q Do you remember anyone by the name of Ulysees
Worthy who might have worked at the Jail?
A Named who?
Q Ulysees Worthy.
A A guard?
Q I believe he was a captain.
A I know, but I ain't never talked to him, though.
Q Did you ever -- let me ask you this specific
question: did you ever talk to him about the Frank Schlatt
case and that robbery?
EARLENE P. STEWART
Certified Court Reporter
20
> 1 A Lieutenant Worthy?
2 Q Yes.
3 A I don't think I talked to him.
4 Q Mr. Evans, when you talked to Dorsey and Harris the
5 first time out at the jail, do you recall how long that was
6 after you had been in the Fulton County Jail that that
7 conversation took place?
8 A About three weeks or something like that.
9 Q And do you remember any of the circumstances
10 surrounding that conversation?
11 A No.
12 Q Let me be a little bit more specific; that's a
> 13 little bit of a general question. Do you remember what time
14 of day it was?
5 A No, I don't remember what time of day it was.
16 Q Do you recall who brought you to that office where
17 they talked to you?
18 A Mr. Hamilton, I think, the one you called awhile
19 ago, Hamilton.
20 Q Hamilton?
21 A If that's the name, he's the one I went to the
22 office with. :
23 0 And did he just bring you up to that office to talk
24 with him, did he stay in the room, do you know?
25 A No, he didn't stay in the room.
|
EARLENE P. STEWART
Certified Court Reporter
=
i
bh N
21
Q Was Mr. Worthy in the room?
A No.
Q Do you remember Mr. Parker being there?
A He didn't never come out there; not with them.
Q Mr. Evans, were you ever, prior to the time that you
had these conversations with McCleskey and Depree, were you
ever moved from one cell to another?
A No.
Q Were you moved after the time you had these
conversations with them to another cell?
A No.
Q Now, before you had these conversations with Mr.
McCleskey and Mr. Depree did anyone from the Atlanta Police
Department ask you to go talk to Mr. McCleskey and Mr. Depree?
A No.
Q Did Sydney Dorsey ask you to go talk to Mr,
McCleskey and Mr. Depree?
A No.
Q Did Welcome Harris ask you to?
A No.
Q Did anyone from the District Attorney's office ask
you to go out there and talk to Mr. McCleskey and Mr. Depree?
A No. Could I say something?
Q Yes.
A I told them all I had to tell them at one time,
EARLENE P. STEWART
Certified Court Reporter
1
22
1 And after that wasn't no more questions about them, period,
2 no more questions, after I got through making statements the
3 first time --
4 Q When they came out to the Jail?
5 A After he come out to the Jail and I talked with
6 them and everything, and he got me to go in there and sign,
7 wasn't no more conversations from them about that. All they
8 wanted to know, would I testify in the case in court.
9 Q And -- I'm sorry.
10 A So, that was it right there.
1) Q And was there anything before that; any
12 conversations with them before that?
13 A No.
Le
14 Q And for clarification, you said them. When you were
15 talking about when you told them this information and gave
16 them the statement, who were you talking about?
17 A Welcome Harris and Dorsey.
18 Q So, then, that one conversation is when you told
19 them everything about --
20 A Just what we was talking about. And then McCleskey
21 and them moved --
22 Q McCleskey and Depree?
23 A Yes; they wrote a court order to the Couurt.
24
25
The
Judge, they was trying to move all the same time, because
they wasn't getting no showers and wasn't treated right and EARLENE P. STEWART
Certified Court Reporter
—
23
so forth like that. So, they moved them to another place.
Q And was that after you talked to the police
officers, to Dorsey and Harris, that Mr. McCleskey and Mr.
Depree got moved?
A No; they moved them before then.
Q Do you remember how long before then they got
moved, right offhand?
A No, I don't.
Q Mr. Evans, when you had these conversations with
Mr. McCleskey and Mr. Depree, were you acting at the request
or at the direction of any police officer or anyone from the
District Attorney's Office?
A Would you repeat that again for me?
Q When you had the conversations with Mr. McCleskey
and Mr. Depree out at the Jail, were you doing that at the
direction of or at the request of someone from the Atlanta
Police Department?
A No.
Q Or from the District Attorney's Office?
A No.
Q Or any other officials from the City of
Atlanta?
A No.
MS. WESTMORELAND: I don't have any further
questions.
EARLENE P. STEWART
Certified Court Reporter
24
MR. STROUP: I'd like to take a three minute
break, get myself a glass of water and talk to
Corinne about who is going first, if you don't
mind.
MS. WESTMORELAND: That's fine.
(Whereupon, there was a
break taken.)
THE WITNESS: I want to ask you another
question. Who wrote that piece in the
newspaper about me?
MS. WESTMORELAND: I don't know. I don't
know anything about the piece in the newspaper.
I didn't even get to see it in the newspaper,
as a matter of fact. So, 1 don't know -~-
THE WITNESS: That's the way I heard
about it,
MS. WESTMORELAND: Our boss won't let us
talk to the Press and I don't think the other
side really talks to them either. So, it's
kind of an open court proceeding, so, the
Press can sort of do what they want.
CROSS—-EXAMINATION
MR. STROUP: Mr. Evans, I think we met
before, and Mary Beth reminds me it was 1981,
apparently, when we were down in Butts
EARLENE P. STEWART
Certified Court Reporter
re
24
25
25
Superior Court in the State habeas proceeding
on behalf of Mr. McCleskey; do you recall that?
THE WITNESS: Right.
MR. STROUP: And my name is Bob Stroup.
I'm here again representing Warren McCleskey.
I'm going to ask you a series of questions,
If there's anything you don't understand in
my questions, make sure you say that you
don't understand so that I can be clear with
you what my question is before you give me an
answer,
You had made a reference earlier in your
testimony about a newspaper article that had
some reference to you. Do you recall when
this newspaper article appeared?
THE WITNESS: Well, I wasn't even in
town. I heard about it around, I think it
was around February, I believe.
BY MR. STROUP:
Q You heard about it in February?
A Somebody else told me about it.
Q What did you hear about it?
A They just told me that they had a strip in the
paper about me concerning the case and quite a bit of stuff
in there, you know, that can get a man killed, you know.
EARLENE P. STEWART
Certified Court Reporter
26
Q Your understanding was that the article said that
you had gotten a man killed?
A No. I said an article like this can get a man
killed. That's what I believe; it seemed to me that somebody
was trying to get somebody knocked off or something like
that. Because the people I know, they don't go for nothing
like that. You know, I know quite a few people that I've
been knowing a long time, and they don't take no chances on
nobody on nothing like that.
Q Your understanding about this newspaper article,
though, then, was that it was about you?
A I just told you, it was concerning me and about
this case.
Q And about this case?
A That's right.
Q You don't recall anymore specifics about the
article?
A I didn't see the paper.
Q How about in terms of what vou were told, then,
about the article?
A People was telling me, said, "Man, I seen you in
the paper", and they said, "You need to gone and split or do
something.” And I said, "What was it about?" And he said,
"About a murder case concerning Warren McCleskey and you."
And he said, "I ain't even going through with it; I'm just
EARLENE P. STEWART
Certified Court Reporter
24
25
27
telling you that much right there."
Q I think you earlier said something also about you
had seen something on the TV and that you knew that this
deposition was coming up.
A I didn't say I seen it; I was telling you I heard
about it. I mean, I don't think the people who told me was
telling a lie or nothing like that. But the way I knew I had
to come to court was, I don't know who he was; he had been by
my people's house I don't know how many times, and I don't
even stay there. He was coming all times of night and all
through the day and stuff like that right there.
Q This was somebody looking for you?
A Yes,
Q Do you recall when that was?
A Let me see; I don't know when it started. I know
it was back around after Christmas, before Christmas. I
don't know when it was; I know he did a whole lot of times;
I know that.
Q It was around Christmastime is your best
recollection?
A I wasn't even in Atlanta.
Q When this guy was coming around you weren't even in
Atlanta?
A No.
Q And you don't know, you're not altogether clear,
EARLENE P. STEWART
Certified Court Reporter
ey
ee
24
25
28
though --
A Who he was. You probably know who he was yourself.
Anyway, I made a phone call -- that's the only way -- to
somebody here in Atlanta; that's the only way that I found
out. And when I come back they started explaining it to me
about how many times he'd been by there and how many of my
people's houses he'd been by; going by people's houses
where I don't even stay; stuff like that.
Q In your best recollection, then, this was around
Christmastime?
MS. WESTMORELAND: I believe he said he
didn't recall whether it was before or after
Christmastime.
THE WITNESS: I would say it was after
Christmas.
BY MR, STROUP:
Q And when you say after Christmas, which particular
Christmas are you referring to?
A The one that just passed.
Q Christmas of 198 --
A I'd say maybe January or February or March. I know
it was during that time.
Q Of this year?
A Right.
Q And did you understand that this person who was
EARLENE P. STEWART
Certified Court Reporter
/
rm
24
25
29
looking for you was an officer?
A No, he wasn't no officer. He explained, he was
telling them about the case and I might could same somebody's
life; stuff like that right there.
Q And this is information that was passed on to you?
A Yes. I can get his number and name if I could get
in touch with my sister.
Q Did you ever speak with him?
A No. And he's been by there lately too.
Q And what do you mean by lately?
A Something like ~-- today is the 13th; I think it was
last month, about the last of last month, somewhere in there,
or the first of this month, one, 1t might have been the
first of this month or the last of last month,
Q Now, have you in anticipation of this deposition
had an opportunity to look at any documents or have anyone
talk to you -- well, let me rephrase it. In anticipation of
this deposition have you had opportunity to look at any
document in preparation for this deposition?
A No.
Q Have you in preparation for this deposition had
occasion to discuss with anyone documents?
A No: the only thing I read about this case is the
subpoena they sent me out to the Jail last week.
Q And I think you indicated on examination by Ms.
EARLENE P. STEWART
Certified Court Reporter
-
f
\ i
Fn TIRE WS
30
Westmoreland that you had discussed this deposition with your
attorney?
A Unh-uh (negative).
Q You have not discussed --
A With who?
Q Do you presently have an attorney?
A Yes, 1 got an attorney.
Q Did you discuss this deposition with that attorney?
A No, he told me that I had £0 go LO court. "He ain't
had nothing to do with it. He was talking to me about what I
was charged with out there, and then he said, "Did you get
some papers and things to go by"? and 1 said, "Yes™. And he
said, "Well, you got to go to court." He said, "But. 1 ain't
going to be there because I don't know nothing about it and I
ain't going to have nothing to do with it." 80, that's it,
Q Have you had occasion to, since May of 1987, am I
correct that it was in May of 1987 that you were released
from State custody?
A Yes,
Q Does that sound right?
A Yes,
Q Since May of 1987 have you had occasion to discuss
this situation involving your incarceration in Fulton County
Jail in 1978 and statements you gave to the police and the
District Attorney growing out of that incarceration? Have
FARLENE P. STEWART
Certified Court Reporter
3)
you had discussions with any personnel of the Atlanta Bureau
of Police Services regarding that matter since May of 19877?
A No, I haven't.
Q Have you had discussions with any Atlanta Bureau of
Police Services personnel on any matter since May of 19877?
A No.
Q Have you since May of 1987 discussed this case with
any persons with the Fulton County District Attorney's
Office?
A No.
Q Have you had any discussions since May of 1987, with
any personnel connected with the Fulton County District
Attorney's Office?
A Say that again, now.
Q Since May of 1987, have you had any conversations
with any personnel connected with the Fulton County District
Attorney's Office?
A Let me see. Not about this case.
Q Not about this case?
A No.
Q Have you had any conversations with Fulton County
District Attorney personnel regarding any matters since May
of 19872
A No more than, let me see, I think 1 talked to the
one that got my case. TI told him that out there at that
FARLENE P. STEWART
Certified Court Reporter
332
ik
1 jail, my name was ringing pretty heavy out to that jail. I
2 told him I might need to be sent to another jail as soon as I
3 could see what was going to happen.
4 Q And do you know who that person was?
9 A No.
6 Q Was that the District Attorney who was assigned to
1 your case?
8 A I consume it was.
9 Q You assumed it was?
10 A Wasn't no, what I mean -- I don't know, no, he
11 wasn't assigned to my case, I don't guess, now. I just
12 called to the office and told somebody in there. So, it
( i 13 wasn't no --
| 14 Q You called the District Attorney's office; is that
15 what you're saying --
16 A Yes.
17 Q -- from the Fulton County Jail?
18 A Yes.
19 Q And you spoke with someone in the Fulton County
20 District Attorney's office?
21 A Yes.
22 Q Was this someone who you had not met before?
23 A I don't know who it was.
24 Q You have no recollection of the person's name?
25 A No.
Ba EARLENE P. STEWART
Certified Court Reporter
24
25
33
Q Was it a man or a woman?
A A woman.
Q It was a woman. And the substance of that
conversation was to express your concern about your safety at
the Fulton County Jail?
A Yes; that's what it was.
Q And, then, your testimony is that other than this
conversation with this woman that's connected with the Fulton
County District Attorney's Office, you have had no
conversations with any persons connected with the Fulton
County District Attorney's office?
A No.
Q No, you have not had any other conversations; is
that correct?
A Yes,
MS. WESTMORELAND: Can we go off the record
for a minute,
(Whereupon, there was a brief
interruption of the record.)
BY MR. STROUP:
Q Mr. Evans, it's also true, isn't it, that since May
of 1987, you've had a conversation with Russ Parker of the
Fulton County District Attorney's Office?
A No, I ain't had no conversations with him,
Q You've had no conversations with Russ Parker of the
EARLENE P. STEWART
Certified Court Reporter
34
Fulton County District Attorney's Office?
A No.
Q Also, since May of 1987, have you had any
conversations with any representatives of the Fulton County
Probation Office?
A No.
Q You were placed on Probation in May of 1987,
weren't you?
A Right.
Q And one of the requirements of that probation was
that you report to the PFPulton County Probation Office, wasn't
it?
A Yes,
Q But you never did report, did you?
A I sure didn't.
Q Just prior to coming to the Fulton County Jail in
1978, you had been serving a sentence at the Atlanta
Penitentiary, had you not?
A Right.
Q Was that a sentence for forgery that had been
imposed in 19737
A Right.
Q And did you at that time have both federal and
state sentences running concurrently --
A Right.
EARLENE P. STEWART
Certified Court Reporter
35
Q Both of them imposed in 1973?
A Right.
Q Were you, then, incarcerated continuously at the
Atlanta Penitentiary from 1973 on through 1978, or were there
periods of time between 1973 and 1978 when you were not held
at the Atlanta Penitentiary?
A I left the Penitentiary and went to the Halfway
House.
Q Do you recall when it was that you went to the
Halfway House?
A Around May, I believe.
Q May of --
A I said May. I don't know exactly what day it was,
I mean, what month it was.
Q Was that sometime in 19787
A Yes,
Q And in terms of spending time at the -- this is the
Federal Halfway House on McDonough Boulevard that you're
talking about?
A Yes.
Q Were you sent to the Halfway house to serve time
on more than one occasion or was it just this one time in
1978, where you served time at the Halfway House?
A I served time at the Halfway House twice.
Q Twice. And was this 1978 period of time the first
EARLENE P. STEWART
Certified Court Reporter
>
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or the second time?
A The second time.
Q Do you recall when the first time was?
A About '69, I believe.
Q About '69. That was on an earlier sentence?
aA Yes,
Q And that was on an earlier federal sentence, I take
it?
A Yes.
Q But your recollection, then, is that between 1973
and 1978, you were incarcerated at the Atlanta Peniteniary
continuously until you were assigned to the Federal Halfway
House, am I correct?
A Yes.
Q And you didn't escape from the Federal Penitentiary
or were otherwise released and put on parole anytime between
1973 and 1978, were you?
A I made parole.
Q You were paroled?
A I was paroled to the Halfway House.
Q I see. You were on parole when you went to the
Halfway House in 1978?
A Yes,
Q And up until that parole you were serving your
sentence in the Atlanta Penitentiary?
EARLENE P. STEWART
Certified Court Reporter
{
37
A Yes,
MR. STROUP: Let me ask Earlene to label
this one McCleskey 1. I'll share copies with
other counsel. Let me show you a document
that's been -- you don't have your glasses, do
you?
THE WITNESS: . No.
(Whereupon, McCleskey 1
was marked for identifi-
cation.)
BY MR, STROUP:
Q Do you read at all?
A Yes, 1 read pretty good.
Q You do read; you just don't have your glasses
today?
A No.
Q Well, let me just, I guess I just need to read this
to you to see if this refreshes your recollection, if it
does. Is that what I need to do because you don't have your
glasses?
A What are you reading?
Q This 1s a Federal Bureau of Investigation record
related to arrests and charges and convictions for you. And
if I looked to the fifth page, there is an entry regarding a
parole violation in 1977. Do you have any recollection of
EARLENE P. STEWART
Certified Court Reporter
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being on parole in 19777
A I told you I paroled to the Halfway House until my
date to come out there.
Q I'm sorry. I thought your testimony had been that
you had been paroled in 1978. Your best recollection was
maybe May of '78. And I wanted to probe with you your
recollection as to whether it might have been as early as
April of '77 that you had been paroled to the Halfway House.
A What you reading on that paper. I know it's got to
right, but I can't remember all that date and month and stuff
like that.
Q Do you recall how long it was that you were paroled
to the Halfway House; how long you spent at the Halfway
House?
A You generally stay in there 90 days or 120 days or
sometimes less than that.
Q But do you have a specific recollection today as to
how long you spent at the Halfway House the second time you
were sent there?
A No; I don't know exactly how long I was there.
Q For the purposes of refreshing your recollection,
if it does, is it possible that you were there for as long as
a year?
A No, I wasn't there longer than a year.
Q Do you have any recollection of a parole violation
EARLENE P. STEWART
Certified Court Reporter
rr)
|
in 1977?
A
Q
39
Yes.
What do you recall are the circumstances of that
parole violation?
A
it, but Y
Q
I think I just wasn't reporting. I know I violated
don't remember anything about it.
While you were at the Halfway House were you
charged with burglary?
SEE
om
EE
Q
While I was in the Halfway House?
Right.
No.
Do you have a recollection in 1977 of being charged
with burglary?
A
Q
Yes,
And where were you, then, in 1977; where were you
residing when you were charged with that burglary?
A
Q
A
Q
A
it was on
Q
I was out on parole,
You were out where; I'm sorry?
In 77?
Yes.
I was out on parole.
You were out on parole?
That's the only way -- if I was out in '77, period,
parole.
But was that while you were on parole but living
EARLENE P. STEWART
Certified Court Reporter
40
]
1 somewhere other than at the Halfway House?
2 A Yes.
3 Q So, there was a period of time when you were on
4 parole from these 1973 convictions when you were not living
5 at the Halfway house.
6 A Yes.
7 Q Do you recall where it was that you were living?
8 A Mt. Zion, I think it was Mt. Zion Road.
9 Q For how long a period of time did you live at the
10 Mt. Zion Road —-
1} A It was either Hapeville Road or Mt. Zion Road. I
12 know I moved twice.
{ 13 Q You lived there --
14 A It was either Hapeville Road or Mt. Zion Road,
15 one of them. I think it was Hapeville Road.
16 Q Hapeville Road?
17 A It could have been on Hapeville Road.
18 Q And did you go then and live there immediately upon
19 your release from the Federal Penitentiary?
20 A Yes.
21 Q And you were on parole at the time?
22 A Yes,
23 Q You lived, you believe, on Hapeville Road?
24 A If I ain't making no mistake it was. It might not
25 have been, though.
EE
EARLENE P. STEWART
Certified Court Reporter
41
Q It might not have been?
A I'm trying to think of where I stayed.
Q It might have been on Hapeville Road or it might
have been on Mt. Zion Road?
A I don't know exactly where it was.
Q But this is 1977 that we're talking about at the
moment, as best you can recall?
A I think it was Hapeville Road.
Q When you were on parole, when you were released
from these 1973 sentences -- let me make sure I get the
chronology right -- your understanding is, your recollection
is you were released, on parole. You lived, as best you can
recall, someplace on Hapeville Road?
A I think it was during that time it could have been
979 Chivers Street. I stayed there for awhile too.
Q How do you spell that street?
A Chivers, C-h-i-v-e-r-s, I think.
Q S-h-i-v --
A No, "CY.
Q C-h-i-v-e-r; something like that?
A Yes,
And what part of town was -- Q
A Northwest.
Q That's northwest?
A Yes; my mama stayed there. I stayed there for awhile.
EARLENE P. STEWART
Certified Court Reporter
42
7 :
x
1 Q You stayed there for awhile?
2 A Yes; when I was first --
3 Q When you were first released on parole?
4 A Yes.
5 Q And do you recall where you lived after staying
6 with your mother for a period of time?
7 A Hapeville Road.
8 Q I'm sorry; let me make sure I understand. Is it
9 Hazeville or Hape --
10 A Hapeville.
11 Q Right; H-a-p-e-v-i-l-l-e; something like that?
12 A Yes.
: 13 Q Road?
NE
14 A Yes.
15 Q And that's Southwest Atlanta?
16 A Yes.
17 Q Out by the Airport; is that where that is?
18 A It's out there: in that section.
19 Q And, then, where did you reside after the Hapeville
20 Road?
21 A I don't remember.
22 Q and it was sometime after residing at this
23 Hapeville Road address that you were then assigned to the
24 Federal Halfway house?
25 A Yes.
i
EARLENE P. STEWART
Certified Court Reporter
24
25
43
Q And that was for a period of time in 1978. The
exact amount of time you don't recall?
A No.
Q Do you recall where it was that you were assigned
out at the Federal Halfway House when you were assigned to
reside there at the Halfway House?
A Talking about where the house was at?
Q Do you recall where at the Federal Halfway House
you were assigned?
A McDonough Boulevard.
Q But where within the Halfway House? Didn't people
who were staying there have cubicles that they were assigned
to?
A Yes.
Q Do you recall the cubicle that you were assigned
to?
A No.
Q You don't have any recollection of that?
A No.
Q Referring to the 1973 convictios, did they have
anything to do with your use of drugs?
A Yes.
Q You were a drug addict in 1973, weren't you?
A I wasn't no drug addict.
Q You used drugs regularly?
EARLENE P. STEWART
Certified Court Reporter
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A I used drugs.
Q What drugs were you using in 1973?
A Reefers.
Q Is that marijuana?
A Yes.
Q Were you dependent upon any drugs in 19737
A I used heroin too, but I wasn't no junky or nothing
like that.
Q You weren't dependent upon it?
A No.
Q In 1973 you were sentenced by both the Fulton County
Superior Court and the Federal Court, ign't that correct?
A Yes.
Q Did either one of those courts at the time of
sentencing indicate that you needed rehabilitation for your
dependency upon narcotics?
A Yes,
0 Did either one of those courts indicate or find at
that time that you were a drug addict?
A No. They didn't send me for treatment for no
drugs; they sent me to a drug program, just reading and
listening to things, not to go take no treatment for no
drugs. It wasn't no drug house or nothing like that. It was
just a penitentiary with a drug program in it.
Q But the courts, then, did not find that you were a
EARLENE P. STEWART
Certified Court Reporter
45
1 drug addict in 1973?
2 A I told them I wanted to go where drug
3 rehabilitation was available for that.
4 Q Then, it was your idea to get drug rehabilitation?
5 A Yes.
6 Q But you weren't dependent upon drugs?
7 A No; I wasn't dependent on them.
8 Q You just felt that you should have rehabilitation
9 even though you weren't dependent upon drugs?
10 A I figured I'd just go and get in one of those
11 classes and talk about it, because I heard a lot more people
12 talking about it. That's the only reason for that.
a 13 Q You may have answered this question, and I apologize
3 14 if you answered it already. I'm not sure that I heard the
15 answer, so, let me ask it again. Did either of the courts in
16 1973 find that you were a drug addict?
17 A They don't know no more than what I told them.
18 Q I take it, then, your answer is no?
19 A Yes; you can take it as that.
20 Q The answer is no, the courts did not find that you
21 were a drug addict in 1973?
22 A Ain't no way they can find it, because I wasn't. 1
23 asked them to do that myself.
24 Q And anything that they fouhd was based on what you
25 told them then?
aint]
EARLENE P. STEWART
Certified Court Reporter
-—
{
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24
25
Detective
him?
very
A
Q
F
D
P
g
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A
Q
46
That's right,
Do you recall when it was that you first met
Sydney Dorsey?
Yes.
When was that?
In 178.
In 19782
Yes,
And what were the circumstances of your meeting
To talk to him about that case.
To talk to him about the McCleskey case?
Yes.
Isn't it true that you met Sydney Dorsey for the
first time at the Federal Halfway house?
A
Q
A
Q
No.
Are you absolutely certain about that?
Yes.
Did you ever meet Sydney Dorsey at the Federal
Halfway House?
A
Q
No.
Did you ever meet Sydney Dorsey when you were
living in the Mt. Zion Road area?
A No. All of that was after -- my first time ever
laying my eyes on him or Willie Harris one was in '78.
EARLENE P. STEWART
Certified Court Reporter
rom {
$
47
Q Listen to my question and make sure you hear my
question. Did you ever meet Sydney Dorsey while you were
living in the Mt. Zion Road area?
A Yes.
Q And when was that?
A I don't know what month it was.
Q Do you know what year it was?
A '79 or 80; something like that.
Q What were the circumstances of your meeting Mr.
Dorsey then?
A It was on a case where I got some money took from
me and got jumped on and I got robbed.
Q And how did you come to meet Mr. Dorsey on that
occasion?
A I don't know who told me. Anyway, he heard somehow
about what done happened in the neighborhood, shooting and
stuff going on. And I guess that's how he found out.
Q You didn't call him up to talk with him?
A I don't remember whether I did or not.
Q You don't remember?
A No.
Q It's possible that you did, but that's something
you don't have a recollection of?
A No; I ain't got no recollection of that.
Q Have you ever had occasion to call Sydney
EARLENE P. STEWART
Certified Court Reporter
rr
{
=
48
Dorsey while you were incarcerated, while you were in jail,
to discuss with him your situation?
A Not as I can remember.
Q Not that you can remember?
A No.
Q Let me just rephrase the question to make sure
there isn't anything about the way I asked the question that
was confusing. When you have been held in any jail or
prison facility have you ever had occasion to call Sydney
Dorsey and tell him you wanted to speak to him?
A Not as I can recall.
Q In June of 1978 you were on escape from the Federal
Halfway House?
A I didn't sign in. I come late and the man told me
to go on back home.
So, you weren't really on escape?
No; I wasn't on escape.
It was just a misunderstanding?
oo
S
E
w
a
I come to the Half-way House; stayed overtime too
late. I was supposed to come in at a certain length of time,
and I didn't come in. 80, I knew I done violated that
because that's the way they do it. So, I just went on back
home and waited until they come and got me.
Q Did you use of drugs in 1978 have anything to do
with that escape?
EARLENE P. STEWART
Certified Court Reporter
49
A No.
Q What did you do while you were on escape in 1978?
A I didn't do nothing while I was on escape; hadn't
did nothing.
Q Were you involved in --
A One thing while I was at the Halfway House I think
the man caught about five or six of us smoking marijuana out
there on the porch one night.
Q This was while you were at the Halfway House?
A Yes.
Q You were able to get drugs at the Halfway House?
A We talking about this case. Ain't no need talking
about what was going on out there at the Federal
Penitentiary.
Q I'm sorry; I didn't understand what you said.
A Continue your questions. I ain't answering that.
Q Your —- that's all right. But directing your
attention to 1978, then, when you had this little
misunderstanding, as you wish to characterize it, with the
Federal Halfway House, you weren't doing any undercover work
for any state or other law enforcement officials?
A No.
Q While you were -- in June of 1978, during that time
period when you were not reporting to the Federal Halfway
House, before you were arrested and taken to Fulton County
EARLENE P. STEWART
Certified Court Reporter
50
Jail, are you clear on that time period that I'm talking
about now? I want to direct your attention to that time
period. Are you with me?
Go ahead.
Did you stay in the Atlanta area the entire time?
Yes.
You didn't go to Florida?
No.
0
.
3
O
P
O
F
Did you ever tell any law enforcement officials
that you did go to Florida?
A No, I don't remember telling them that.
Q You don't remember telling anyone that?
A No.
Q Did you while you were, this same time period in
late June of 1978 and early July of 1978, call any law
enforcement personnel to discuss your situation?
A I don't remember that; I don't know.
Q You don't remember?
A It's a whole lot you're going to ask me that 1
ain't going to remember. I don't know if you going to think
I'm teasing or beating around the bush or not. But I can't
keep all that in my head, but I'm going to answer the best
way I can. If I don't remember it, I'm going to just tell
you I don't remember, and if I do I'll talk to you about iti
And there might be something in there now that ain't right; I
EARLENE P. STEWART
Certified Court Reporter
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don't know.
0 1978 is a long time ago; right?
A Yes, it's a long time ago.
Q Pretty hard to remember those details, isn't it?
A I can remember some things and some I can't.
Q Then, it's your testimony that again, during this
time period when you were not reporting to the Halfway House
in June of 1978 until your arrest in early July of 1978, your
testimony today is that you were not doing any undercover
work for any law enforcement agency?
A I don't remember.
0 I'm sorry: 1 didn't hear,
A I don't know.
Q You don't know?
A I don't remember.
Q You don't remember?
A No.
Q I thought earlier you had said you were not doing
any undercover work.
A I don't remember; I don't remember if I was or not,
Q You don't remember whether you were or not; you
might have been?
A I don't know.
Q Well, can you speculate as to who you might have
been doing undercover work for?
EARLENE P. STEWART
Certified Court Reporter
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MS. WESTMORELAND: I'll object to asking
him to speculate to anything. That's an im-
proper question.
MR. STROUP: I'll withdraw the question.
Your testimony, then -- let me withdraw that.
Were you using cocaine in June of 1978?
THE WITNESS: No.
BY MR. STROUP:
O
D
.
.
.
>
Q
A
Q
Not once?
I wasn't using it.
Pardon me?
I wasn't using it.
You didn't use it even on a single occasion?
I just answered that.
Did you say yes or no?
I said I didn't use it.
You did not -- did you use it on a single occasion?
No, I didn't.
Did you tell federal agents after your arrest in
July of 1978 that while you were away from the Halfway House
in June that you had been part of a drug investigation?
A
Q
No.
Did you tell federal agents that law enforcement
officials were aware of your activities in a drug
investigation?
EARLENE P. STEWART
Certified Court Reporter
r
53
A I don't remember telling nobody that.
Q And did you tell federal agents after your arrest
in 1978 that you expected to get well paid for your
undercover work in June of 1978?
A No, I ain't told nobody that,
Q Did you after your arrest admit to the use of
cocaine?
MS. WESTMORELAND: Are you talking about
1378?
MR. STROUP: After your arrest -- thank
you; 1'll rephrase it. After your arrest in
July of 1978, did you have occasion to admit
to any federal authorities that you had used
cocaine in June of 1978?
THE WITNESS: I don't remember telling
nobody that.
BY MR. STROUP: Q Do you recall where you stayed when you were away
from the Federal Halfway House in June of 1978?
A On Springdale Road. I stayed at a whole lot of
different places, 1 didn't stay at one place long, 1 might
stay in three or four different places a year; ain't no telling.
And it's not for no long periods either. Ain't no telling how
many addresses on there you might where I stayed at.
Q So, are you telling me that you're not clear where
EARILENE P. STEWART
Certified Court Reporter
24
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54
you stayed in June of 1978?
A I just told you; I didn't stay nowhere too long.
So, ain't no telling how many places I stayed then. You see,
I wasn't renting no place.
Q Let me direct your attention, then, to the period
of July of 1978 when you were held at the Fulton County Jail.
I think that you -- let me make sure I understand your
earlier testimony. I think you indicated that you had
conversations with Warren McCleskey from the first day you
were assigned to the cell next to him?
A Yes,
Q I think you testified also that the deputy had been
eavesdropping on your conversations and as a result the
deputy suggested to you that maybe you were in on something?
A Not exactly like that, Buf you can get into it
discussing cases if the wrong person hears you. Now, you can
understand that yourself.
Q I'm sorry; I just didn't understand what you said.
A You know, that's just like a charge where me and
you talking about cases and things like that, a man can get
in trouble like that; you know that.
Q A man can get in trouble?
A Yes; by talking too much,
Q and, so, directing, then -- your recollection,
though, is that it was the deputy approached you about these
EARLENE P. STEWART
Certified Court Reporter
7
{
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55
conversations that you had been having with Warren McCleskey?
A He mentioned about it; you understand what I'm
saying?
Q Right.
A I don't know exactly every word he said. But I did
most of that on my own; ain't nobody put me up to do it.
Q And you didn't start the conversation with this
deputy; you didn't come to the deputy and say "I want to talk
to the police." It was the deputy that came to you, is that
what you're saying?
A I don't know. I really don't know exactly how it
started out definitely and for sure.
0 The deputy what?
A Definitely, I don't know exactly how it started
out. But I can't put that deputy as the cause of it or
nothing like that.
Q You can't: I'm sorry?
A The cause I did this testifying, I can't put that
on nobody.
Q Well, I think you didn't really understand my
question. I'm trying to direct your attention to the
conversation that you had with this deputy that led to the
Atlanta Police being called. Did you have more than one
conversation with the deputy?
A If I ain't making no definite mistake, I went to
EARLENE P. STEWART
Certified Court Reporter
7
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56
him.
Q All right; you went to him.
A Like I said, there's going to be a whole in there I
don't know definite and exactly.
Q He didn't bring up to you the fact that he had been
eavesdropping?
A I don't remember that. I knew what was going on
around in there.
Q How many meetings did you have in July of 1978 at
the Fulton County Jail with any representatives of either the
Atlanta Bureau of Police Services or the Fulton County
District Attorney's Office?
A I don't remember but two.
Q At the Fulton County Jalil?
A That's the only -- 1 only remember two.
Q Two?
A Two times. It could have been more, I don't know,
Q But let me make sure you understand my question.
I'm talking about meetings at the Fulton County Jail on
Jefferson Street.
A What are you saying; who did I talk to; how many
times I talked to somebody?
Q No -- yes.
A What do you mean by meetings?
Q I wanted to make sure you understood my question.
EARLENE P. STEWART
Certified Court Reporter
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A Well, the only somebody I talked to from the D.A.'s
Office, I talked to Russ Parker one time out there and I
talked to Welcome Harris and Dorsey.
Q And those were two separate meetings?
A Yes.
Q And your recollection is pretty clear in that
regard?
A There might be something in there I don't remember.
Q But you're pretty clear that there were two
separate meetings at the Fulton County Jail?
A It could have been more than that. But I know the
D.A. didn't come there but one time that I can remember. But I
don't know exactly how many times Harris and them came out
there.
Q They could have come out there more than one time?
A Yes; they could have.
Q Could they have come out there more than two times?
A 1'd say more than one. 11 ain't going on up; 1
don't know. I'll just say they come more than one.
Q Let's, then, start with vour recollection of the
first of those meetings. Who was in attendance -- this is at
the Fulton County Jail, now. I'm still talking about the
meetings that were held at the Fulton County Jail. But
before I do that, though, let me ask another question. There
was also a meeting that you recall at the City Jail, I think,
EARLENE P. STEWART
Certified Court Reporter
Sin
24
25
didn't you say? That was the meeting where the statement was
taken; the written statement?
A I was took from the County Jail to the City Jail to
sign the statement. That's what I'm saying.
Q That was a separate situation. That's not one of
the two meetings that we're talking about?
A No; they was separate.
Q Okay; I just wanted to make sure I understood what
you were telling me. Let's talk, then, about the first of
these two meetings at the Fulton County Jail. Do you recall
where the meeting took place?
a It was in one of the offices.
Q It was in one of the offices?
A Yes,
Q And do you recall how you got to the office?
A Yes.
Q How did you get to the office?
A The deputy took me down there,
Q Do you recall which deputy took you down there?
A No; I don't know what deputy did it.
Q You don't have a picture in your aind today of rhat
happening?
A You talking about what deputy it was?
Q What --
A No; I know what you're saying; no.
FARLENE P. STEWART
Certified Court Reporter
59
roe
{
1 Q You can't picture in your mind -- it's not so vivid
2 that you can recall it today?
3 A All I can say is they come upstairs and got me and
i took me to the office and talked.
5 Q And who was present for that first meeting?
6 A Nobody but Dorsey and Harris.
7 Q Do you recall what was said at that meeting?
8 A The testimony that you already got that I made.
9 Q Well, was this the first time that you had met
10 Detective Harris?
11 A Yes.
32 Q And this was the first time you had met Detective
I 13 Dorsey?
14 A Yes.
15 Q At this meeting at the Fulton Cuonty Jail?
16 A Right.
17 Q And when you say that the testimony that you've
18 already talked about, this is the testimony relating to
19 conversations that you had had with McCleskey and Depree?
20 A Yes,
21 Q And can you picture, then -- whichever the deputy
22 was, then, left you in this room alone with Dorsey and
23 Harris?
24 A Yes.
25 Q And how did the meeting end; do you recall?
he
EARLENE P. STEWART
Certified Court Reporter
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A I told them what all we was talking about, and then
they left, and I guess they went to the D.A.'s Office and
passed it on to them. I assume that's what he did. And then
he asked me would I, you know, testify in court on that. And
then they took me over to the City Jail and typed it out and
put it on tape and brought me back to the County Jail. And
that's when the D.A. come out there and asked me for sure would
I testify in the case, and I said yes. So, that's it right
there.
Q Then, your recollection is that the meeting with
the Fulton County District Attorney occurred after you had
already given a written statement and signed the written
statement?
A Yes.
Q And you, then, did not meet Russ Parker?
A TI think he talked to me before I signed it.
Q Russ Parker talked with you before you signed?
A Yes.
Q Is it possible that Russ Parker came out and met
with you the same time that Dorsey and Harris talked with you
at the Fulton County Jail?
A You talking about all three together?
Q Right.
A I don't know if he 4id or not.
Q It's possible?
EARLENE P. STEWART
Certified Court Reporter
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A J can't say; I don't know, I don't remember all
three of them coming there together.
Q Your recollection is that you first met with Dorsey
and Harris without Parker being there?
A Yes.
Q Now, when you did meet with Parker, do you have a
recollection of where that meeting took place?
A It took place out there in the same place.
Q In the same room?
A Yes; but I don't know. I can't recall whether
Detective Harris and Dorsey were with him or not. I don't
know; I can't place that.
Q And do you have a recollection as to whether or not
a sheriff's deputy was present for the meeting that occurred
when you know that you met at least with Russ Parker?
A No.
Q No, you don't have a recollection or no, he was not
there?
A I don't have no recollection whether he was there.
Q You don't have a recollection as to whether he was
there or not?
A Yes,
Q You need to talk up. I have a hard time hearing,
so, she may have a hard time hearing. Now, I believe your
testimony earlier was that Depree and McCleskey were moved at
EARLENE P. STEWART
Certified Court Reporter
some point in time?
A Yes.
Q And your testimony was that they were moved before
you talked to Harris and Dorsey?
A Yes,
MR. STROUP: In your conversations with --
let me withdraw that. Can we take a two minute
break; let me look through some things to see
if I've got anymore questions?
MS. WESTMORELAND: Sure.
(Whereupon, there was a
break taken.)
MR. STROUP: I have no more questions for
Petitioner McCleskey at this time,
MS. MULL-MILSTEEN: Mr. Evans, my name is
Corinne Mull, and you've heard today, I repre-
sent Mr. Bernard Depree in his habeas corpus
petition to this court.
Like Mr. Stroup, I've got a few questions
I'd like to touch base with you on. If I'm
not clear, stop me and I'll repeat the question
so that you can be very clear about what I'm
saying and what I'm asking you, and I'll be
happy to rephrase it if you'd like me to.
Mr. Evans, when were you most lately
EARLENE P. STEWART
Certified Court Reporter
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arrested?
THE WITNESS: March 23rd.
MS. MULL-MILSTEEN: March 23rd of 1988?
THE WITNESS: Yes.
BY MS. MULL-MILSTEEN:
Q And who arrested you?
A I don't know his name.
Q Was it Fulton County people; City of Atlanta
Police Department?
A City of Atlanta.
Q City of Atlanta?
A Yes.
Q Since March 23rd of this year you've been in the
Fulton County Jail, is that correct, until this date?
A Yes,
Q And upon arriving at the Fulton County Jail, who
was the first person that you called from the Jail?
A Who did I call?
Q Yes. Did you call anybody from the Jail?
A Nobody but my people.
Q Just your people?
A Yes,
Q Did you not call Russ Parker's office?
A YT called down Lo the D.A.'s office, but I didn't
to him,
EARLENE P. STEWART
Certified Court Reporter
talk SO
64
Q You don't know who you talked to?
A I don't know who she was.
Q Since March 23rd of 1988 have you spoken to a City
of Atlanta detective at the Fulton County Jail?
A No.
Q Isn't it true, Mr. Evans, that sometime last month
you had occasion to talk to a detective of the City of
Atlanta Police Department?
A I didn't talk to no detective.
Q Isn't it true that you talked to a police officer
of the City of Atlanta Police Department?
A About what?
Q What did -~--
A You know I got to talk to somebody if I was at the
City Jail. I went to the City Jail and there ain't nothing
there but police. About that case, I ain't talked about what
we talking about now.
Q I understand. But did vou not talk to a City
official, a City Police official, last month about anything,
not necessarily about this case?
A No.
Q You just spoke a few minutes ago about the City
Jail. In the last six months you were at the City Jail as
well?
A You would go to the City before you go to the
EARLENE P. STEWART
Certified Court Reporter
65
County; yes.
Q Okay; tell me about that; that's what I'm not clear
about. When you were arrested by the City of Atlanta Police
Department, where were you taken?
A To the City Jail.
Q At the City Jail did you have occasion to talk to
any police official about anything?
A No.
Q Mr. Evans, at the Fulton County Jail did you have
occasion to talk to any Fulton County or City of Atlanta
official about any crime or burglary incident, anything?
A Yes.
Q You did. Who d4id you talk to?
A I don't know. You know —~-
MS. WESTMORELAND: Are you talking about his
year?
MS. MULL-MILSTEEN: This year. Since March --
THE WITNESS: You know, I can't go in there --
you ain't getting over to me right. You see, I've
got to talk -- that's all out there is police; I've
got. to talk to them for anything. I got to talk
to them for phone calls or anything come up I
have to talk to them for it.
BY MS. MULL-MILSTEEN:
Q Well, let me direct your attention to a
EARLENE P. STEWART
Certified Court Reporter ——— met a nea me
66
y
1 conversation. Did you have a conversation with a police
2 official about something that transpired on Ashby and
3 Simpson Road in the last year?
4 A On Ashby and Simpson?
5 Q Yes. Isn't it trve, Mr. Evans, that you tried to
6 cut a deal with a police official about something that took
7 place on Ashby and Simpson Road which you claim to have
8 witnessed?
9 A No; that ain't true there.
10 Q Mr. Evans, have you had occasion to help the Fulton
ll County District Attorney's Office in the prosecution of cases
12 in the last ten to twelve years?
{ 13 A Yes,
oh 14 Q What cases have you helped them out in; do you
15 remember?
16 A Yes: in the case with Willie Taylor.
17 Q Willie Terrell?
18 A Taylor.
19 Q Taylor?
20 A Yes.
21 Q What was that about?
22 A A murder case.
23 Q How did you help the Fulton County Police
24 Department?
25 A He done killed that man and run and jumped in the
or i FARLENE P. STEWART
aid Certified Court Reporter
CT A A dF 3 Ok Eo ET BN 0 A EST 0 WET ENR G0 7
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car with me. During the time right then I didn't know he had
did it.
car with
on. And
that the
But what I got mad about with him, he got in that
me and I ain't known nothing about what was going
he had me riding him around and knowed all the time
police and everything was looking for him. I didn't
want to get hooked up in that.
Q
A
I testified what I know about what I did, what he had me to do.
Q
Now, did you testify against Mr. Taylor?
I testified to what he did. I don't know what he did.
Now, is this the case where you received fifty
dollars for that information?
A
Q
A
Q
A
Q
official?
A
you fifty
Q
A
Q
dollars,
A
I didn't get no fifty dollars for that information,
What did you get fifty dollars for?
It wasn't for that information.
What was it for?
1 wasn't for no information.
Didn't you receive fifty dollars from a federal
Yes. It wasn't no deal like "I'm going to give
dollars to say that" or nothing like that.
But you received fifty dollars?
Yes.
What were the circumstances of your receiving fifty
Mr. Evans?
The IRS man gave me fifty dollars. The County,
EARLENE P. STEWART
Certified Court Reporter
rr
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68
they didn't give me nothing.
Q So, what were the circumstances under which the IRS
agent gave you fifty dollars?
A I told him I didn't have no money.
Q I beg your pardon; 1 didn't hear.
A I told him I didn't have no money.
0 Now, during -- when you picked up Mr. Terrell --
A Taylor.
Q Taylor, yes. Where were you that evening that you
had occasion to pick him up?
A I was in the neighborhood during the time when all
that was going on. When I left to come from in there T
stopped my car at Kennedy Street and Northside Drive, and he
come through the apartments. You see, I know him, and he
asked me to run him off like he was in a hurry. I took him
where he wanted to go. And I asked him did he want me to
wait on him, and he said, "No, I ain't going back up there."
And about a few days later I happened to run across his wife,
at least his girlfriend, the lady he was staying with. And
she's the one that started talking about it.
Q Talking about what?
A Talking about that the police was looking for him
for robbery and murder. And I asked her when did it happen,
and she told me when it happened. And that was the same time
that he come and got in the car with me.
FARLENE P. STEWART
Certified Court Reporter
Q
69
What were you doing that evening out there; were
you out there buying drugs, Mr. Evans?
A
Q
I took somebody out there to get some.
What other -- how else had you been helpful to the
Fulton County D.A.'s Office? We started out talking about --
let me start over. My first question to you is how in the
last twelve years had you been helpful to the Fulton County
D.A.'s Office?
aA
Q
A
Q
A
Q
testified
A
Q
I had testified in three cases at different times.
So, what was the second time?
Wilbert Anderson.
Wilbert Anderson?
yes,
And what were the circumstances in which you
against Mr. Wilbert Anderson?
What, now?
What were the circumstancces; what role did you
play; what did you have to say; what did you testify to?
A
Q
to?
>
| @
)
J
©
Repeat what you said.
In the Wilbert Anderson trial what did you testify
To what he did.
What did he do; what did you say he did?
What he said he did.
What was that? You're more familiar about this
EARLENE P. STEWART
Certified Court Reporter
than I am. What did he say he did?
aA He said he robbed a woman. He went after —-- he
wanted to, but he didn't never do it.
Q And where did he tell you this?
A I knew about it before. But anyway, in jail me and
him, he talked about it some in there.
Q Where were you in jail when he told you about this?
A In the hospital.
Q Where was he; was he in the hospital?
A No.
Q He wasn't?
aA No.
Q Well, how did you meet up with him?
A He come in there and talked to me.
Q He visited you?
A It wasn't say visit. He'd come around to the
doctor all the time and me and him would stand and talk an
hour, thirty minutes, stuff like that.
Q What other case did you help the Fulton County
District Attorney's Office on?
A Just those.
Q Those were the only -- just those two cases?
A Yes,
Q Who was the DA in the Wilbert Anderson case?
A I disremember who the D.A. in that case was.
EARLENE P. STEWART
Certified Court Reporter
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Q Was it not Mr. Russell Parker?
A Yes, I think it was.
Q Do you remember what year it was that you testified
in the Wilbert Anderson case?
A '80 something.
Q Mr. Evans, we just discussed right now the two
cases aside from the McCleskey and Depree cases in which you
testified.
A Yes,
Q Are there any other cases in which you testified in
the last twelve years?
aA Not as I know of.
Q Are there any cases in which you gave a statement
but did not testify?
A I don't think so.
Q Are you familiar, Mr. Evans, with the case of
Bernard Glenn? Does that name sound familiar to you?
A Bernard Glenn?
Q Yes,
A I can't place him.
Q Does the name "Pops" sound familiar to you?
A Pops?
Q Yes.
A I don't remember that.
Q Mr. Evans, are you familiar with a murder in 1979
EARLENE P. STEWART
Certified Court Reporter
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of a doctor here in Atlanta, a psychiatrist?
A
Q
A
Q
I remember a case like that.
Do you remember a person by the name of Billy Hill?
No; I don't remember.
Mr. Evans, have you ever had any occasion to work
with District Attorney Mallory, Assistant District Attorney
Mallory?
A
Q
I can't place him.
Mr. Evans, did you give any information to the
police and to the District Attorney's Office about the murder
of the doctor or the psychiatrist?
A I don't know whether I talked about this case or
not. I know what you're talking about, but I don't know
about giving it to nobody.
Q
A
I'm sorry; you don't remember what?
I don't remember giving it to nobody. I just can't
place that.
Q
remember?
A
Q
aA
Q
Where were you, Mr. Evans, in June of 1979; do you
No.
Weren't you in Fulton County Jail at that time?
I might have been.
Weren't you in the Fulton County Jail until about
1980 or so?
A I don't know. I don't remember where I was at.
EARLENE P. STEWART
Certified Court Reporter
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Q Mr. Evans, isn't it true that you have acted as an
informant for City and County officials in the past?
A I don't work for them.
Q You don't work for them, but haven't you provided
them with information in the past?
A Yes, I have told them, but I ain't had no job
with them. They can't put -- I think that was what some-
body had in the paper about that too. That's wrong there,
Q Is it your testimony that you have never worked for
City, County or Federal officials?
A I ain't worked for no -- them testimonies I did, I
did it on my own, I ain't 4id it out there as no paid
informant for those folks out there; not that.
Q Let me ask you to listen to my question just to
make sure that I understand you and you understand me. Is it
your testimony that you have never worked for the City or
County or Federal officials?
A I helped them, I don't call that no job, though.
Q Mr. Evans, isn't it true that while you were out on
the street you had collected information and provided
information to City, County or Federal officials with the
expectation of being paid?
A Federal.
Q Federal?
A Yes.
EARLENE P. STEWART
Certified Court Reporter
—r—
{
=
po)
Q
74
Mr. Evans, you've helped the Federal officials in
the past with the expectation of being paid is your
testimony;
A
Pe
0
u
l
BD
S
y
by
@}
P
i
e
s
A
y
S
e
pS
Q
A
Q
A
isn't that correct?
Yes.
What were the circumstances under which you helped
I helped them with the DEA.
With the DEA?
Yes.
How is that; what did you do?
You know what the DEA is, don't you?
Sure, Y do.
Well, that's what it was.
What did you do?
It was drug cases.
What did you do for them?
Bought drugs.
Did you turn the people in --
No.
-—- from whom you bought the drugs?
No.
So, how did you help Federal officials?
I didn't turn them in. They already had them
to start with.
MS. WESTMORELAND: I didn't understand
EFARLENE P. STEWART
Certified Court Reporter
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what you said. Would you repeat that, please?
THE WITNESS: Yes; I bought some drugs
from a guy in the street. They already had
him anyway.
BY MS. MULL-MILSTEEN:
Q What did they ask you to do, Mr. Evans; what did
they ask you to do?
A To buy some drugs from them.
Q When was this, Mr. Evans?
aA I don't know exactly the date.
Q Was it before you testified in the Bernard Depree
case?
A No.
Q It wasn't before?
A No. This happened, I'd say, about a couple of
years ago.
Q You're sure about that?
A Yes.
Q Who --
A You know, it was before the case. Before I
testified in Depree and them's case I had never did nothing
like that, All this come in behind that. Everything I did
come in behind the ten years.
Q Ten years?
A From '78 up until now.
EARLENE P. STEWART
Certified Court Reporter
— /
{
A,
24
25
>
o
a
0
Q
you reckon?
A
supposed to be. He might be out; I don't know.
Q
A
Q
that correct: Wilbert Anderson, McCleskey, Depree, and Taylor
or Terrell?
A
P
O
+
JO
R
&
76
So, all your work with the Feds was after?
On anything.
Who was the individual that you bought the drugs from?
A guy named Ron Allen.
Ron Allen?
Yes.
Whatever happened to Mr. Allen?
He's in the penitentiary now, I reckon.
You know he's in the penitentiary or did you say
I guess he is. I don't know where he's at; he's
Did you testify against him?
Yes.
So, that's another person you testified against; is
Yes,
Ron Allen?
Yes.
Anybody else that you testified against?
No.
How much did you get?
I don't remember.
You got something for helping them in testifying --
EARLENE P. STEWART
Certified Court Reporter
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A I don't remember what I got.
Q Was it money?
A I don't know.
Q Is it your testimony that you don't remember how
much?
A I don't remember what I got. I don't think I got
nothing.
Q Mr. Evans, do you remember back in 1980 you gave a
deposition -- do you remember that -- in the Gwinnett County
Jail?
A (No audible response.)
Q Do you remember a lawyer by the name of Mr. McGee
who represented Bernard Depree?
A I ain't never been in Gwinnett County Jail.
Q You may be right; let me check. How about
Gwinnett County Correctional Institute?
A Yes; I been in there.
Q Do you remember giving a deposition in 19817?
A Concerning who?
Q Concerning Bernard Depree?
A I remember something about that, but I don't know.
Q Do you remember saying in that deposition that you
had not received anything -- you had not benefited from
testifying against Mr. McCleskey or Mr. Depree, do you
remember that?
EARLENE P. STEWART
Certified Court Reporter
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A I don't remember saying that.
Q Well, have yu benefited from testifying against
McCleskey and Depree?
A No.
Q You haven't benefited in any way?
A They ain't give me nothing. They ain't paid me.
Q They didn't pay you?
A No.
Q Have you received favorable treatment?
A What you mean by that?
Q Well, have you gotten treated better; did you get
less time?
A I think the time -- what '1 did, I mean, the things
that Y did, 1 think I got too much time for what I did. Yon
know, my record is bad, but it seems badder than it is.
Q It seems -—--
A Yes; it seems bad. It was a whole lot of stuff on
my record that I sure enough ain't had nothing to do with.
You just get caught up in it, and anything I do it seems for
real. It could be lies or anything. I know you done dealt
with the court long enough. Lies go a long way in this
courthouse. I'm just guilty about anything they say, the way
it looks.
Q I didn't understand that.
A It seems like I'm guilty of anything that
EARLENE P. STEWART
Certified Court Reporter
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happens. I have got caught -- I have bought clothes and
stuff and get caught with them and get charged for the case
and all stuff like that right there. I ain't never went out
there and did no hard case; not on my own.
Q You didn't ever do any hard what, now?
aA Such as robbery and beating people and hurting
them, I ain't never did nothing like that, Just about
everything 1 get charged on, it be just little junk. Ain't
no money made; ain't nothing in it. Anything, just like the
case 1 got now, I ain't guilty of that, but I can't make
nobody believe that.
Q What's that case about?
A Burglary.
Q What did they say you did?
A An old man said he heard a glass broke and a man
left. And about thirty minutes, he said he stayed gone
thirty or forty minutes, and during in between that, just as
I come up through that way, and they say I broke in it; T did
it. And the old man, he's seventy years old, setting way up
on the hill about as far as from here to Spring Street out
there, he told the police, said, "Yes, that's him.” And I
ain't burglarized nothing. And I'll bet my neck on that, ny
life, that I ain't broke into nothing. 1t's what they sav,
Q Now, you were arraigned, weren't you, on that
charge? Did you go to arraignment?
EARLENE P. STEWART
Certified Court Reporter
A
Q
June somet
A
last -- it
Q
gulity or
A
Q
that time?
A
Q
A
Q
A
80
Yes ma'am; I went to arraignment on it.
When did you go to arraignment; do you remember?
Sometime last month.
Weren't you there in the middle of the month of
ime?
I don't know what date it was. I know it was
was in June.
Did you plead at that arraignment; did you plead
not guilty?
Not guilty,
Isn't it true that you wanted to make a deal at
Didn't you ask for Mr. Parker to come down?
No.
Were you arraigned in Judge Williamson's courtroom?
That's right.
And wasn't that on June 16th of last month?
I don't know whether it was the 16th or not; I
think it was, though.
Q And didn't you ask for Mr. Parker to come down and
Mr. Parker wouldn't come down?
A
told that
Q
I ain't asked Mr. Parker to come nowhere. Whoever
told you a lie.
Didn't you say that you wanted to deal and Mr.
Parker wouldn't come down?
A No.
EARLENE P. STEWART
Certified Court Reporter
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Q Didn't they send you back to the jail?
A Yes,
Q Mr. Evans, is it your testimony that on June 16th
you didn't say, "We can take care of this burglary matter if
we can get Russ Parker down here, and we can make a deal and
I"1l1l plead guilty?
A No.
Q Didn't you say that?
A No.
Q Let's go back and talk about the beneficial
treatment that you may have received after testifying in the
McCleskey and Depree cases.
MS. WESTMORELAND: I want to note an objection,
for the record, in going into anything or inform-
ation along that line. I don't think that is the
issue before the court in either one of these cases.
It's an objection of relevancy.
BY MS. MULL-MILSTEEN:
Q Is it your testimony, Mr. Evans, and correct me if
I'm wrong, that you did not receive any type of beneficial
treatment as a result of testifying against McCleskey and
Depree; is that vour testimony?
A Yes.
Q Is it not the case that you went into court on
several instances after McCleskey and Depree and the D.A.'s
FARLENE P. STEWART
Certified Court Reporter
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made recommendations in your favor because of your testimony
in your favor because of your testimony in McCleskey and
Depree?
A They ain't did no more for me. Everytime I went
there I been to the chain gang.
Q You've been what?
A Everytime I been down there I done did time every
time I went to court.
Q I understand that. But is it not true that the
D.A.'s recommended lighter sentences for you and told the judge
about your help?
A No. I ain't heard him tell no judge nothing. He
ain't never told no judge nothing.
Q You do not recall the case against you for
allegedly robbing Clarence Brantley; that the D.A.'s told Judge
Jenrette that you had helped them and that they recommended a
lighter sentence for you because of your help in McCleskey
and Depree?
A No. You must don't know Clarence Brantley, do you?
Q 1. can't say that 1 do, Mr. Rvans,
A He's one of the biggest crooks in the world.
That's why he's in the penitentiary now. He needs killing
because I ain't robbed him.
Q Isn't it true, Mr. Evans, that in 1980 when you
were charged with using credit cards, stealing credit cards
EARLENE P. STEWART
Certified Court Reporter
83
and using them, that the D.A. in that case told Judge Weltner
that you had helped them in the McCleskey and Depree cases?
MS. WESTMORELAND: I want to object, make
the same objection I did previously. It's not
relevant to the issues in the present cases.
BY MS. MULL-MILSTEEN:
Q You can answer.
A Not as I knows of.
Q Isn't it true that --
A I want to ask you a question. What is the limit on
credit cards?
MR. STROUP: I object ~~
MS. MULL-MILSTEEN: I'm not on --
THE WITNESS: You asking me questions;
I'm fixing to tell you the limit,
MS. MULL-MILSTEEN: But I'm not on
deposition, Mr, Evans.
THE WITNESS: I'm going to show you
where ain't did no leaning on me. You got my
record there; look there and see how
much time I got for that and how much
I made on it.
BY MS. MULL-MILSTEEN:
Q I don't question that, Mr. Evans. What I'm asking
you is that in 1980 didn't you get a recommendation for a
EARLENE P. STEWART
Certified Court Reporter
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lighter sentence because of your testimony in McCleskey and
Depree?
MS. WESTMORELAND: Same objection.
MS. MULL-MILSTEEN: You may answer,
THE WITNESS: No. On those credit
cards you can't get but three years.
BY MS. MULL-MILSTEEN:
Q Let me ask you this to make it simpler. Did the
D.A.'s not tell the judge that you had helped them?
A I don't know.
Q Do you not remember?
A No.
Q Is it your testimony that you don't remember or is
it your testimony that they did not make that recommendation?
A That's what I'm saying. I don't remember they made
any recommendation. I just about know they didn't. TI don't
know, though.
Q Do you remember Mr. Levenstein?
A Levenstein?
Q Levenstein,
A Who is he?
Q Do you remember him or not?
A I'm trying to think of who he 1s; not by that name,
Q Do you remember an attorney who represented you by
the name of Levenstein?
FEARLENE P. STEWART
Certified Court Reporter
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A In front of what Judge?
Q Judge Weltner.
A Yes.
Q Do you remember him?
A Yes, I remember.
Q Do you remember telling him that you had worked as
an informant for the State?
A I don't remember about telling him. But I know I
got three years, so, I just take it I had.
Q Do you remember telling him that you had worked
undercover for the state or city or federal people?
A I don't remember telling him that.
Q Do you remember him telling the court that you had
worked as an undercover agent?
A No.
Q Is it your testimony that you don't remember or
that you didn't?
A I don't remember him telling them that.
Q Mr. Evans, in that credit card transaction, credit
card case in front of Judge Weltner in 1980, had you not also
been arrested with marijuana on your body?
A Y ain't never been arrested for marijuana.
Q Is it your testimony that you weren't carrying
marijuana in your sock?
A I had a very little. He threw it away. The
EARLENE P. STEWART
Certified Court Reporter
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detective, the one who caught me did that. He said, "I ain't
going to press no charges for this."
Q You were doing undercover work at that time, right?
A No.
Q How about 1985, Mr. Evans --
MS. WESTMORELAND: Same objection; relevancy.
BY MS. MULL-MILSTEEN:
Q In front of Judge Cooper; do you remember that?
A Yes.
Q Do you remember the D.A. then said that he'd known
you for a long time and you had been awfully helpful to the
DA's Office; don't you remember that?
A I don't remember no DA saying that.
Q You don't remember her recommending that you get a
lesser sentence because you had helped them in the past?
A Who she told that?
Q To the judge; isn't that true?
A I didn't hear her say that.
Q You remember being in court, right, in front of
Judge Cooper in 1985?
A Yes; I remember I went before him.
Q Are you Ben Wright's uncle?
A No.
Q Did you tell anybody that you were Ben Wright's
uncle?
EARLENE P. STEWART
Certified Court Reporter
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A McCleskey thought I was Ben Wright's uncle.
Q Did you tell him you were Ben Wright's uncle?
A I told him I was some kin to him.
Q Are you kin to Ben Wright?
A No; we're good friends. I've been knowing Ben for
a long time.
Q But you're not kin to him; right?
A No.
Q Now, before you got to Fulton County Jail in the
summer of 1978, you didn't know Bernard Depree, did you?
A I been knowing Depree for about, ever since about
'62; before then.
Q He didn't know you, though, did he?
A Yes, he knew me.
Q He knew you well?
A Yes.
Q So, if he were to see you in the jail he would know
who vou were?
A Yes,
Q Or if he were to hear your voice he would know who
you were?
A Yes,
Q Mr. Evans, where are you located right now in the
Fulton County Jail?
A Segregation.
EARLENE P. STEWART
Certified Court Reporter
rz
(
ph
24
25
i
M
e
P
a
O
Q
88
Excuse me?
Segregation.
Segregation?
Yes.
What cell number are you in?
13.
What is that, just number 13 or is it north, south.
North 13,4 north 13.
So, you're just next door to where you were before,
is that correct, in 19787?
A
P
D
P
e
Q
different
A
east wing
Q
A
A different wing; that's all.
A different wing?
Yes, Same wing, north.
In 1978 you were in l-North 14; is that correct?
Yes.
And now you're in l-North 13?
Yes.
Who 1s your next door -- why do you say it's a
wing, Mr. Evans?
I was thinking about the east wing. They got an
and north wing.
Were you ever in the east wing?
No.
Well, why were you thinking about the east wing?
You said next door, and I --
EARLENE P. STEWART
Certified Court Reporter
ro. }
89
Q I'm going back to when I asked you, "Where were
you?" and you said in North 13. And I said that's next door,
and you said different wing.
A I don't know what I was thinking about. But
anyway, it's in the same wing.
Q Have you ever been in the east wing, Mr. Evans?
A No.
Q You've been in a different wing in the Fulton
County Jail before, though, haven't you?
A Yes.
Q What wing have you been in?
A Ain't but two of them out there, north and east.
I've been in both of them.
Q You've been in north and east?
A Yes.
MS. MULL-MILSTEEN: I think I'm ready to
wind up. I'd just like to take five minutes,
please.
(Whereupon, there was a brief
interruption of the record.)
MS. WESTMORELAND: Back on.
BY MS. MULL-MILSTEEN:
Q Mr. Evans, I want to ask you about your
conversation with Detective Dorsey. You remember at Mr.
McCleskey's habeas corpus hearing that you testified; isn't
FEARLENE P. STEWART
Certified Court Reporter
rz
(
™
) So
90
that correct?
A Yes,
Q Do you remember testifying that Detective Dorsey
had promised to speak a word for you?
A No.
MS. WESTMORELAND: I object to any questions
along this line. It's not relevant.
MS. MULL~-MILSTEEN: Would you label this as
Depree Exhibit 1. I'll show it to you.
MS. WESTMORELAND: (Examines document.)
(Whereupon, Depree
Exhibit 1 was marked
for identification.)
BY MS. MULL-MILSTEEN:
Q Mr. Evans, I understand from your previous
testimony that you don't have your glasses, so, you can't
read this. So, I'd like to read you a portion of the
transcript that's been labeled as Depree Exhibit 1,
MS. WESTMORELAND: We can agree for the
record that's part of the transcript of the
McCleskey State Habeas proceeding.
BY MS. MULL-MILSTEEN:
Q The Court says, "Mr. Evans, let me ask you a
question. At the time that you testified in Mr. McCleskey's
trial, had you been promised anything in exchange for
EARLENE P. STEWART
Certified Court Reporter
==
/
“
~
91
testimony?"
The transcript shows that the witness being Offie
Evans says, "No, I wasn't. I wasn't promised nothing about --
I wasn't promised nothing by the D.A. but the detective told
me that he would -- he said he was going to do it himself,
speak a word for me. That was what the detective told me."
Does this portion of the transcript that I read, does this
refresh your recollection?
MS. WESTMORELAND: Same objection.
THE WITNESS: I don't remember me saying that.
BY MS, MULL-MILSTEEN:
Q Do you remember testifying to this; do you remember
saying this?
A No; I don't remember saying this; no.
Q Do you remember Detective Dorsey saying that to
you?
MS. WESTMORELAND: Same objection to this
entire inquiry.
MS. MULL-MILSTEEN: Is it your testimony --
THE WITNESS: But what was he going to help
me out with, and I ain't had nothing but a federal --
MR. STROUP: I object to the response.
MR. HILL: I want to object to counsel going
back and forth on the witness. Where are we going?
MR. STROUP: I'm here as a participant too.
EARLENE P. STEWART
Certified Court Reporter
32
I can object to the responsiveness of the witness's,
to the response to the question. It's not responsive,
and I object to it.
MR. HILL: All right; go on and finish answering
the question. Go and finish the answer you started.
THE WITNESS: What I was fixing to say?
MR. HILL: Yes; go on and finish ir,
THE WITNESS: What could he promise ~- how could
he help me, because I didn't have no charge for the
state. The only thing I had was a few more months
left in the Federal Penitentiary, and I knew good and
well he couldn't give me no help out there.
BY MS. MULL-MILSTEEN:
Q My question, Mr. Evans, is did he tell you he would
speak a word for you regardless of how --
A No; I'm not -- if he had spoke one it didn't do no
good.
Q That may be. All I'm asking you is did he say he
would speak a word for you?
A I don't remember him telling me that.
Q Mr. Evans, at what time relative to your leaving
the Halfway House in 1978, at what time did you finally find
out that the feds were not going to charge you with escape,
that the Federal Government was not going to charge you with
escape?
EARLENE P. STEWART
Certified Court Reporter
93
MS. WESTMORELAND: Objection; irrelevant.
MS. MULL-MILSTEEN: You can answer it.
THE WITNESS: Really, it don't be escape
no way when you at the Halfway House. They'll
put it down as escape -- I knew it wasn't going
to be no escape, because it wasn't no escape,
because they know where you're at at all times.
MS. MULL-MILSTEEN:
Q I understand that, but answer my question, then you
can explain.
A All right,
Q When did you know -- when were you told that you
would not be charged with escape; when did you find out?
A When I went before the Committee at the Federal
Penitentiary.
Q When did you go before the Committee, Mr. Evans.
A I don't know what day it was. It was after they
took me back behind the wall. When you go talk to your
caseworker again, he'll send you a sheet and tell you how
much more you got to do and all that.
Q Would you have been told by the Committee that
charges weren't going to be brought prior to testifying in
McCleskey and Depree?
MS. WESTMORELAND: Objection; irrelevant.
MS. MULL-MILSTEEN: You can answer.
EARLENE P. STEWART
Certified Court Reporter
'r
“
94
THE WITNESS: I knew all the same time
that I wasn't going to be charged with no
escape. I knew that from the start, because
they do that out there all the time. A guy
come in, and if he ain't liked around there
he can come in thirty minutes or twenty
minutes late, and they'll do the same thing
to him as they want to.
BY MS. MULL-MILSTEEN:
Q Mr. Evans, is it your testimony that you don't
remember when you went before the Committee?
A I don't know what day it was. No, I don't remember
what day it was.
Q Do you know if it was July, August, September of
'78; do you have any idea?
MS. WESTMORELAND: Objection; irrelevant.
MS. MULL-MILSTEEN: You may answer,
THE WITNESS: No.
BY MS. MULL-MILSTEEN:
Q Your testimony is that you don't remember?
A Here's how they do things out there. You can go
talk to the Sheriff and he'll talk to you and tell you how
much time you got and let you go on. And then later on
they'll send you a paper showing you what went down.
Q You testified when you first started out here this
EARLENE P. STEWART
Certified Court Reporter
24
25
morning that you had heard about an article written about you
in the paper; is that correct?
A Yes.
Q What else had you heard with regard to that article?
A Nothing.
Q What did you get -- tell me a little bit about what
you had heard.
MS. WESTMORELAND: The question has been asked
and answered.
by MS. MULL-MILSTEEN:
Q You can answer,
A I had told him that somebody told me that they seen
my name in the paper concerning the case.
Q ys ~~
A But I knew what it was. Just like I told you, I
knew what it was all about behind that fellow kept coming by
wanting to see me, what my sister told me about that.
MS. MULL-MILSTEEN: I have no further questions
at this time.
REDIRECT EXAMINATION
BY MS. WESTMORELAND:
Q Mr. Evans, let me ask you just a couple of more
questions to clarify a fev things for me. You've talked, and
you were just talking just then about someone coming by your
people's house trying to find you. And I believe earlier
EARLENE P. STEWART
Certified Court Reporter
96
you had said something about that they gave an indication
that it would save somebody's life or something along those
lines?
A Whoever it was, they told my sister --
MR. STROUP: I object on hearsay grounds.
Just for the record, I object on hearsay
grounds for the record.
MS. WESTMORELAND: Okay; go ahead and
answer the question.
THE WITNESS: They told her about the
case and what it was about; something she
didn't even know was going on. And when I
finally got to hear from her, then, she
told me about it. And she give me the name,
but I got it somewhere; I don't know.
BY MS. WESTMORELAND:
Q But did your sister say that he said anything about
saving someone's life?
A Yes,
Q Do you recall anything more specific that she
related to you about that conversation?
He told her whose name it was.
Whose life?
Yes; before he was asking everything about that.
o
>
»
0
o>
Do you remember who that was or did she tell you?
EARILENE P. STEWART
Certified Court Reporter
Z
24
25
97
A She told me his name, but I forgot all about what
his name was. He left his name and number there but I never
did have a chance to pick it up.
Q Did he give her any idea of what office he might be
from?
A No, he didn't. But I know he told her he wasn't no
detective or nothing like that.
Q Did he say anything about a Public Defender's
Office or anything like that?
A She didn't say anything about that.
Q Mr. Evans, have you talked with Russell Parker within
the last month concerning your concerns for your safety at
the jail?
A He wouldn't talk. I called him, and they told me
he can't talk to nobody; wasn't going to talk to me. And
wouldn't nobody talk to me, because I had to go to court.
Q And you don't remember talking to Mr. Parker, then,
about that?
A No.
Q Now, when you signed back in 1978, you signed a
typed out statement. I believe you've already said that?
aA Yes,
Q Do you remember who was present when that statement
was typed up and when you signed it?
A Lieutenant Dorsey and Harris and a lady who was
EARLENE P. STEWART
Certified Court Reporter
98
doing the typing; that's all. Wasn't nobody there but the
three of them.
Q Do you remember if Mr. Parker was present?
A No; I know he wasn't.
Q Do you remember -- and I don't recall if you said
specifically -- where was it that you signed it?
A Do you know down at City Jail where they go to
court at now?
Q Yes.
A In that building there.
Q You also testified earlier concerning meeting
Dorsey and Harris out at the Fulton County Jail. And I
believe during Mr. Stroup's questioning you talked about your
meeting with them. When you first met with Dorsey and Harris
out at the Fulton County Jail had you already had
conversations with Mr. McCleskey and Mr. Depree?
A Yes.
Q Did you have any conversations with Mr. McCleskey
and Mr. Depree after you met with Dorsey and Harris about
this case?
A Yes, they talked about it. But what I mean, I
ain't put no more to it than what I did the first time.
Q Now, when you talked to them, did they tall you to
go back out there and listen and try to hear stuff from Mr.
McCleskey and Mr. Depree?
EARLENE P. STEWART
Certified Court Reporter
24
25
99
A No.
Q And you said that you talked to Mr. Parker or
somebody from the D.A.'s Office came out to talk to you and
you talked to them. How soon after you talked to Dorsey and
Harris was that conversation with Mr, Parker?
A It wasn't long. I said it might have been a week;
it might have been less than that.
Q And how long between his first conversation and the
written statement, typed statement?
A I'd say all that happened in about a couple of
weeks,
MS. WESTMORELAND: That's all the questions I
have.
MR. STROUP: I don't have anything further.
MS. MULL~-MILSTEEN: I have nothing further,
MS. WESTMORELAND: I think that concludes
the deposition, then.
MS. MULL-MILSTEEN: Could we, perhaps for
the record, just get who else was in the room
during the deposition.
MS. WESTMORELAND: Do you need names Or -—-
MR. STROUP: For the record.
MS. WESTMORELAND: If we can get the names
of the officers who are present in the room,
please.
EARLENE P. STEWART
Certified Court Reporter
y
\..
OFFICER BANTIN: Joseph Bantin.
MS. WESTMORELAND: Joseph Benton?
OFFICER BANTIN: B-a-n-t-i-n,
MS. WESTMORELAND: With the Fulton
County Sheriff's Department?
OFFICER BANTIN: Yes.
OFFICER RUFFIN: Art Ruffin with
the U. S. Marshal's Office.
FULTON COUNTY DEPUTY: Fulton County
Deputy Sheriff Robert Dowdy, D-o-w-d-y.
MS. MULL-MILSTEEN: Mr. Ruffin, who
was the gentleman that was in here
earlier from the U. S. Marshal Service?
OFFICER RUFFIN: He was not the from the
Marshal's Service; he was from Floyd County.
I don't know his name.
MR. STROUP: Thank you.
FURTHER DEPONENT SAITH NOT.
EARLENE P. STEWART
Certified Court Reporter
100
TT o———
{
fd
CERTIPICATZE
STATE OF GEORGIA )
COUNTY OF DEKALB )
I hereby certify that the foregoing deposition was taken
down, as stated in the caption, and the questions and the
answers thereto were reduced to typewriting by me; that the
foregoing pages 4 through 100 represent a true, correct, and
complete transcript of the evidence given on July 13, 1988,
by the witness, OFFIE GENE EVANS, who was first duly sworn by
me; that I am not a relative, employee, attorney, or counse
of any of the parties; am not a relative or employee of
attorney or counsel for any of said parties; nor am I
financially interested in the action.
That the reading and signing of the deposition was
waived by witness.
This, the 20th day of July, 198s.
EARLENE P. STEWART
Certified Court Reporter
B~414
my yo
DOCKET FILING One . of) mn ~ | JuDGE/ YR. NUMBER | MO. sll J | vs 0 f 23 | $ DEMA? MAGNO. | COUNTY | pep | vr.
( PTF 4 A
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BR1T3F33 O87 i478 | 3 TRE i MSEAR | 1324; Sri. Try ou
HEFREE U4 NFUSUNE ETal USCA 85-3167
28 USC 22%4 HAERFASR CNRS
A i FLA
Fr RKNARD LEFREE HErRHARD BeFREE EF115840
GEORGIA STATE FEISO
REIDSVILLE Gh 103357
i 2 OFT
Ey ELSOME WAKE MARY BETH WESTMORELAND oF RRGON PMEWHOME WARDEN 132 STATE JUDICIAL BLDG.
} i GET 40 CAPITOL SQUARE, S.W.
HITHAFL A, BOYERS ATLANTA, GA 30334 ii FL A HOWERE a 656-3349
ae (for dft)
ATTEST: A TRUE COPY
CERTIFIED THIS
JUL 25 1988
Luthe
By:
omas,
illo uty/Cle
£
deputy Clerk
SHESK FILING FEES PAID STATISTICAL CARDS
a
2 TE MAI
CASE WAS DATE RECEIPT NUMBER C.D. NUMBER CARD DATE MAILED
FILED IN
Js-s __ 8/14/85
fs
C156 _1-17-86
NITED STATES DISTRICT COURT DOCKET
ER hd G1 QE fl enocesomss C85-3733A : = Ee
Bee vl 1
Aug 14[4Xt| PETITION for writ of H/C w/request to proceed ifp, w/memorandum of law, £ (2Y) MOTION for appointment of counsel, MOTION for limited disc., request for subpoena
2: 16
eod 8/16/85. Cert. mail rrr
ment of time on a case by cas
RESPONSE to motion for 1td di
RESPONSE to req for subpoena
RESPONSE to motion for prod o
RESPONSE to motion to prod Ct Rptr's tapes or trial trans, by dft. SUBMITTED ON MOTION FOR LIMITED DISCOVERY, MOTION FOR PRODUCTION OF REPORTER'S TAPES, MOTION FOR -PRODUCTION.OF REPORTER'S TAPES DUE TO ALTERATIONS IN PRELIMINARY HEARING AND REQUEST FOR SUBPOENA DUCES TECUM., PURSUANT TO ORDER OF 8-14-85, TO ALC. MOTION for enlargement of time to answer w/brief & proposed order by dft. (ALC) RESPONSE to req for Subpoena Duces Tecum by dft (ALC) OPPOSITION to motion for interrogs to Joe Gailey, by dft. (ALC) OPPOSITION to motion for interrogs to Andrew L. Stanfield, by dft (ALC) OPPOSITION to motion for interrogs
rec'd w/note from pi - you may not have these motions, I have sent back most of his things for non-compliance; advised ALC w/cpy of dkt). OPPOSITION to Motion for interrogs to Kelly Fite. (ALC) END Us|
Duces Tecum, MOTION for prod. of reporter’
ans w/memorandum of law. Petition will be allowed 1 directed to serve copy of Pet & order by cert. mail Petitioner's motion for appointment of counsel is deni
will be deferred until after respondent's ans. & memo & Clerk directed to resubmit matter to assigned Ma
MOTION for production of Habeas Corpus hearing tapes by pla. LETTER dated 8-18-85 from pet'r to V. Brannon re 3(b)' & assistance, rec'd (to Staff Law Clerk - any action nece in corr w/cpy of ltr from Staff Law Clerk to.pet'r). MOTION for ext of time to resp by pet'r, rec'd. ORDER that pet'r's motion for ext of time to submit a response
a timely manner (c/pla 9-4-85, c/dft 9-5-85).
s tapes due to alterations in prel. hrg.
tapes
any reply by petitioner.
. at_exp. of allotted time. cch
to respondents. W/Cons Tor, PTI ie PCH ALS? ACK
q ‘discovery in accordance w/LR 225-
ssary?).(ret - placed
e basis if he shows that he has not rec'd pleadings in
f reporter's tapes due to alt in prelim aring trans by df
to Detective L.C. Beard, by dft (ALC) (note: opp
| i ANSWER-RESPONSE w/BRIEF in support of answer-response & exh 1-11 (ALC) Vels Re ~~
tlc
tlc
REQUEST for Subpoena Duces Te
RESPONSE to Respondent's reg
& the Ct reporter's tapes.
RESPONSE to respondent's req
OBJECTIONS to the respondent’
of Habeas Corpus by pet'r.
ORDER that the Respondent be
by ALC (cc & eod 9-24-85).
MOTION to amend the ori
by pet'r.
OBJECTION to Respondent's ans
SUBMITTED ON MOTION TO COMPEL
BRIEF in support of objs, by
SUBMITTED ON MOTION FOR ENLAR
MOTION TO AMEND 9-20-85,
R&R that the petition for wri
MOTION to compel discovery by pet'r.
ginal memo in support of petition for a Writ of Habeas Corpus
RESPONSE to motion to compel discovery by respondent.
days to object. cc & eod 11-21-85.
MOTION for enlargement of time by pet'r.
~Hei-SUBMEFFED -ON -MAGESTRATE LS REPORT -& -RECOMMENDATION.
OBJECTIONS to Mag's R&R by pet'r {RiA--
cum (orig to ct dep, .per db) BEG Vol. 7 to deny trial transcripts the preliminary hearing trans
to deny pet'r 1td discvy & Subpoena Duces Tecum. (ct dep)
s failure to file a timely answer to petition for Writ
GRANTED until 9-20-85 in wh/to file answer & memo of law
wer-response by pet'r.
DISCOVERY BY PET'R, TQ ALC.
pla. (ALC)
GEMENT OF TIME TO ANSWER 9-11-85
t of habeas corpus be dismissed, w/ORDER ALLOWING 10
bi Prs.3730
* kage 2
333k 1c
Feb 10{3t1c
25 ti¢
28 Gakg
| Apr 18(4D 1k
PROCEEDINGS
C85-3733A
SUBMITTED ON MAGISTRATE'S REPORT &
BY PET'R.
opinion & ord of the court (cc & eod 1-17-86) (c/ALC)
JUDGMENT FILED AND ENTERED i
& eod 1-17-86) (c/ALC)
cc & cert cpy of dkt & NOA, Order appealed &
MOTION for ext of time by pla.
MOTION for enlargement of time by pla.
MOTION to file supplemental application for
MOTION for appointment of counsel by pla.
APPLICATION for certificate of probable cause by pla.
judgment to USCA. Ack
TION FOR CERTIFICATE OF PROBABLE CAUSE BY PLA.
ORDER GRANTING pla's req. for a certificate of probable cause;
motion to proceed IFP on appeal;
cc & eod 3/3/86
LETTER from USCA requesting record "forthwith."
RECOMMENDATION & MOTION FOR ENLARGEMENT OF TIME
ORDER that the Ct receives the Magistrate's R&R w/approval & adopts it as the
n favor of the respondents and against the pet'r (cc
NOTICE OF APPEAL by pet'r, w/MOTION. for leave to appeal. IFP & AFFIDAVIT of. povert,
certificate of probable cause by pla.
MOTION to amend application for certificate of probable cause by pla.
SUBMITTED ON MOTION FOR LEAVE TO APPEAL IFP BY PLA, MOTION FOR EXT OF TIME BY PLA, MOTION FOR ENLARGEMENT OF TIME BY PLA, MOTION TO FILE SUPPLEMENTAL APPLICATION FOR CERTIFICATE OF PROBABLE CAUSE BY PLA, MOTION FOR APPOINTMENT OF COUNSEL BY PLA, APPLICATION FOR CERTIFICATE OF PROBABLE CAUSE BY PLA, AND MOTION TO AMEND APPLICA-
GRANTING pla's
& DENYING pla's motion for appointment of counsel.
Vel. CaNT
END Vol. 7
Da
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£ILED W OER ” ? D. Jira
IN THE SUPERIOR COURT OF TATTNALL COUNTY °
% 0 \3
STATE OF GEORGIA tel
BERNARD DEPREE, * py: pend
Petitioner, * -
Habeas Corpus
vs. *
Case No. 84-44
LANSON NEWSOME, Warden, »
HEARING
Respondent. "
® ®% & % * * ® ® * * ® * ® & * *
Before the HONORABLE DAVID L. CAVENDER, Judge,
Superior Courts, Atlantic Judicial Circuit, in the
Tattnall County Courthouse, Reidsville, Georgia, on
the 24th day of October 1984, commencing at 9:00 a.m.
x kk Kk kk hk hh k hf *k k *k Kk k k & %k Kk k * *k k k * ® *k * *k ® * *
APPEARANCES:
For the Petitioner: The Petitioner appeared Pro Se
For the Respondent: EDDIE SNELLING, ESQ.,
Senior Attorney
Department of Law
132 Judicial Building
Atlanta, Georgia 30334
— Respondent's Exhibit NO. 1¢
Voi. I
NANCY L. CAPPS, C.C.R.
118 Cherckee Circle
Hinesville, Georgia 31313
912/876-7834
2
Page
3 | WITNESSES:
4 Bernard Depree
5 Direct Testimony by Mr. Depree eeseccecceces 4
6 Cross Examination by Mr. Snelling ecceccececee 93
7 A. Michael Washington::
8 Direct Examination by Mr. Snelling eeeceeses 115
9 Cross Examination by Mr. Depree ecceeccccces 130
10 Russell J. Parker:
1 Direct Examination by Mr. Snelling «seeeeees 167
12 Cross Examination by Mr. Depree c.cesecceccs 177
ss 13 Redirect Examination by Mr. Snelling ceeeeee 187
Le 14 | EXHIBITS:
15 Petitioner's Exhibit No. 1 - denied
16 Petitioner's Exhibit NO. 2 cccccoccnscrccsscccons 216
: 3 Respondent's Exhibit No. 1 ie isteararsesesvveseswes 21]
: 1s Respondent's Exhibit NO. 2 «eeecssscscescascscess 226
g 19
* * X
1 20
; 22
: 2
24
25
FELONY SENTENCE
Charge Nr IPL TY, ard Jk zocrd Elie,
(XR T=)
Fulton Superior Court :
ZL orton te Term, 19.2%
No A~ #/ ER
THE STATE
(Blea) (Verdict) of Guilty
Es st sl) Leone CA /
WHEREUPON, It is ordered and adjudged by the Court that the Defendant,
a hl saad Loire
@ wa L Conca
be taken from the Bar of this Court to the Jail of Fulton County, and be there safely kept until
a sufficient guard is sent for him from the Georgia Penitentiary, and be then delivered to. and be
by said guard taken to said Penitentiary, or to such other place as the Director of Corrections
may direct. where he, the said defendant be confined at labor for the full term of pfs vm 0 1)
Atthing b, IW HA Lal Ll: 2
yes to be computed according to law.
The costs of these proceedings are taxed against the defendant. oT tenn
bw ARE. "Fo by
By‘the Court L242. LZ 1g Zit
= EEE ae | EIA IN
District Attorney Judge S.C. A.J. C.. Presiding &~
FILED IN THIS OFFICE. THIS
EZ 20, /8 of
Deputy Clerk. S.C., A.J.C.
COURT REPORTER: = a bn ES ond
JO NE A dar ona 0
(xd wt
had -
FELONY SENTENCE
Charge Zot ada sted Lo imed)
Fulton Superior Court c2ez)
Et rn ep Term 102. L
sats - ALEC
THE Sate (Pte (Verdict) of Guilty
Lh zea tl Lop be EA »
-
w, WHEREUPON, It is ordered and adjudged by the Court that the Defendant.
rt SALW SR lige tie
& WIPE, Ligrdce
be taken from the Bar of this Court to the Jail of Fulton County, and be there safely kept until
a sufficient guard is sent for him from the Georgia Penitentiary, and be then delivered to, and be
by said guard taken to said Penitentiary. or to such other place as the Director of Corrections
may direct, ‘where he, the said defendant be confined at labor for the full term of ; LA LC
Po pastag o£ PRA ST
wa Fallen. Ak dA
ves 10 be computed according to law.
The costs of these proceedings are taxed against the defendant.
Rove
\ By the Cord 2" gu 12S
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FILED IN THIS OFFICE. THIS
THE Tow 20 1724
Deputy Clerk, S.C., AJ.C.
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COURT REPORTER: > & x ce LL
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FELONY SENTENCE
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THES aie (Ptea) (Verdict) of Guilty
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WHEREUPON, It is ordered and adjudged by the Court that the Defendant,
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be taken from the Bar of this Court to the Jail of Fulton County, and be there safely kept until
a sufficient guard is sent for him from the Georgia Penitentiary, and be then delivered to, and be
by said guard taken to said Penitentiary, or to such other place as the Director of Corrections
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may direct, where he, the said defendant be confined at labor for the full term of Kad 2 Lard!
£1 flac “, he bicel Lele vears to be computed according to law.
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" The costs of these proceedings are taxed against the defendant. gy
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District Attorney Judge S. C.A4C: Presiding. #
FILED IN THIS OFFICE. THIS
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W&ORGIA, FULTON COUNTY,
|, do certify that the within and foregoina is a true,
complete anc ~orrect copy of the origina .. . nd case, as
\ppears ty the oriinal on file and of re diane oftice of
Clerk of Fulton Sutenar Court, Crimins.. 27.2 Anta, Ga.
Witness my hand and the sca! ++ oo
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RESPONDENT'S EXHIBIT NO. 2
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
BENARD DUPREE,
Petitioner,
vs, Habeas Corpus
No, 2013
LEROY N, STYNCHOMBE ’
Sheriff Fulton County,
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Respondent,
Deposition of OFFIE GENE EVANS,
pursuant to notice, before Sharon L, Ashford,
Certified Court Reporter and Notary Public, -
at Gwinnett County Correctional Institute,
Lawrenceville, Georgia, commencing at the
hour of 11:20 a.m. on October 26, 1981,
Worley & Associates Inc.
STENOGRAPH AND VIDEO REPORTERS
559 FIRST NATIONAL BANK BUILDING
DECATUR. GEORGIA 30030
(404) 378-6239
RESPONDENT'S EXHIBIT NO. & - R&T
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APPEARANCE. .
For the Petitioner: Paul McGee
For the Respondent: ~H. Allen Moye
MR. MCGEE: : I'd 1ike to show Mr, Evans
a copy of the order saying we can take the
deposition so you will understand the reason
why we're here,
MR. MOYE: I1'11 agree if you'd 1like
to make this order a part of the record in order
for you to explain its purpose,
MR, MC GEE!: That will be agreeable.
(Thereupon, Notice was read to the
deponent,)
MR. MCGEE: : At the conclusion of the
deposition, the witness will decide the right
to sign or not sign, As far as any stipulations
are concerned, would you prefer to object now
or to reserve objections?
MR. MOYE: I'11 reserve objections
except to the form of the question,
OFFIE GENE EVANS,
having been first duly sworn, was examined and
testified as follows:
CROSS EXAMINATION
22