General Legal Files (Signed)
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June 22, 1987

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Case Files, McCleskey Legal Records. General Legal Files (Signed), 1987. b88cdfc9-63a7-ef11-8a69-6045bdd667da. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d5b541dc-21c6-43c6-b208-236df1274734/general-legal-files-signed. Accessed June 17, 2025.
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IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY Petitioner, vs. HABEAS CORPUS : No. 81 VIO 8 RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. PETITIONER'S FIRST AMENDMENT TO PETITION FOR WRIT OF HABEAS CORPUS Petitioner Warren McCleskey submits the following amendment to his petition for a writ of habeas corpus, filed in this Court on June 9, 1987: I11I. CONSTITUTIONAL GROUNDS ESTABLISHING THE INVALIDITY OF PETITIONER'S CONVICTIONS AND SENTENCES F. The State's Use At Trial Of Incriminating Statements Made By Petitioner To A Jailhouse Informant Acting On Behalf Of The State 74. The State's use at trial of incriminating statements allegedly made by petitioner to jail inmate Offie Evans, who-- newly uncovered evidence demonstrates -- was acting on behalf of the State as an informant in the Fulton County Jail, violated (i) petitioner's right to be represented by counsel at every critical 2 stage in a criminal proceeding against him, guaranteed by the Sixth and Fourteenth Amendments; and (ii) his right to the due process of law, guaranteed by the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States. FACTS SUPPORTING PETITIONER'S CLAIM THAT THE STATE'S USE OF INCRIMINATING STATEMENTS ALLEGEDLY MADE BY PETITIONER TO A STATE INFORMANT VIOLATED HIS CONSTITUTIONAL RIGHTS 75. Petitioner repeats and realleges the allegations of paragraphs 26 through 32, supra. 76. Pursuant to a change in Georgia law broadening the scope of a criminal defendant's access to police investigative flles, gee section 1V, § 92, infra, petitioner has recently obtained a 21-page statement made by 0Offie Evans on August 1, 1978, to State agents including prosecutor Russell Parker. (A. copy of the statement is annexed as Exhibit I.) This statement describes in great detail a number of conversations which Evans claims to have had with petitioner and one of his co-defendants, Bernard Dupree, during Evans' one-month incarceration in a Fulton County jail cell next to that of petitioner. 77. According to this statement, on July 9, 1978, shortly after he was placed in solitary confinement in the cell directly adjacent to that of petitioner, Evans actively initiated a conversation with petitioner. Evans deliberately elicited incriminating statements from petitioner about the Dixie Furniture Store crime by falsely claiming that he, Evans, was Ben Wright's uncle, named "Charles": "... I told Warren McCleskey [sic] "I got a nephew man, he in a world of trouble... McCleskey asked me, "What is his name.” I told him, "Ben Wright." McCleskey said "You Beens' [sic] uncle." I said, "Yeah." He said "Whats' [sic] your name?" I told him that my name was Charles. McCleskey said, "They got me and Ben on the same case." I said, "Oh, Ben was telling me about vawl [sic] the last time that I seen him." He said "When you see him" I told McCleskey that I had seen him about a couple of weeks ago.... I said "Ben said that all of vawl [sic] are trying to put the weight on him trving to make like he shot the man in the robberty when he did not do it."... I told them: that "Ben told me that vou shot the man yourself." McCleskey said "Can't nobody prove that I shot the man, cause the lady can't identify me no way." (Exhibit I, 3-4). 78. Evans also deceived petitioner's co-defendant, Bernard Dupree -- who was present in a nearby cell -- about his relationship with Ben Wright in order to assuage Dupree's suspicion, and thereby permit Evans to interrogate petitioner and Dupree further: "Dupree asked McCleskey "Is your partner still down there? McCleskey said "Yeah, say he's Bens' [sic] uncle." Dupree said "I didn't no [sic] nothing abou [sic] Ben had no uncle man. You don't know who the hell you talking to, you could be talking to the man.” McCleskey told Dupree "Naw man, he ain't no man, cause he know a lot of people that I know and I'm just about sure that I know him." Than I started talking to Dupree about Reidsville. I had just about made Dupree know nme himself from telling him about Reidsville. I talked about a lot of things that happened down there, a lot of things Dupree did while he was in Reidsville..., but see ... was the one who had told me about that hisself. Thats! [sic] how I knowed about that cause I had seen back in 1976 ... Dupree got allright then, kind of talked a little better. Allright then McCleskey started talking about a job." {2xzhibit I, 9-10). 79. According to Evans' statement, both petitioner and #% Dupree, having been falsely persuaded that Evans was trustworthy, discussed in detail the events surrounding the Dixie Furniture Store robbery. Petitioner allegedly stated that he visited the store before participating in the robbery (Exhibit I, 4) and that he had made up his face with pimple-like marks and a scar on the day the robbery took place. (Id.) Petitioner allegedly recounted how the participants gathered at Ben Wright's house with a shotgun and a pistol, and how thev planned to rob the store. The statement also claims that petitioner shot Officer Schlatt in a panic when the officer entered the store. (Exhibit I, 5-6). 80. Evans further avers that petitioner and Dupree hoped that Ben Wright would be killed because "it would be better in their favor, because he know that Ben was mad about them pointing hel killing at him, cause they know that Ben would go and tell the truth..." (Exhibit I, 12). He also alleges that petitioner told Evans that "he didn't give a damn if it had been a dozen of them [police officers] that he would still have tried to shoot his wav out.” (Pxhibit I, 16). 81. All of these incriminatory statements, allegedly made by petitioner McCleskevy to Offie Evans, were later introduced against him, by the State, through Evans' testimony at his trial. {See TT». T. 870, 871). These statements were allegedly made to Evans by petitioner long after defense counsel had been appointed, and at a time when defense counsel obviously was not present to assist petitioner. No warning or disclosure was given by Evans or any other State agent before the statements were elicited. 82. Evans' 21-page statement contains explicit references demonstrating that he was acting in direct concert with State officials during these conversations. At one point, Evans' noted that petitioner McCleskey asked him to place a telephone call to petitioner's girlfriend. Petitioner wrote down his girlfriend's telephone number on a piece of paper for Evans. Evans' statement reveals that, after he was led from the cell to another area of the jail, he "tried to call [petitioner's girlfriend] while the D.A. and the detectives were sitting there but I was unable to get an answer... That's (sic) what I told [McCleskey] when I got back to the cell. (Exhibit I, 14) (emphasis added) Additional questioning by Evans occurred after his return to the cell. 83. Petitioner slidhes, on information end belies that the State possesses extensive additional evidence, which it has refused to disclose, which would further demonstrate that Evans served as an active, State-sponsored informant. Evans' 21-page statement alone is nevertheless sufficient to establish petitioner's lain that his Sixth Amendment right to counsel and his due process rights were violated by the State's resort to "indirect and surreptitious interrogations," Massiah v. United States, 377 U.S. 201, 206 (1984), through Evans. The United States Supreme Court has consistently held that use at trial of an accused's incriminating statements which were "deliberately elicited" by a State informant after the appointment of defense counsel violate an accused's Sixth Amendment right to counsel. 6 Massiah, 377 U.S. at 206; United States v. Henry, 447 U.S. 264, 274 (1980); Maine v. Moulton, 0.8. , 86 'L.EA.24 (1985); Kuhlmann v.Wilson, b.S. (91 L.FA.24 364 (1986). In Kuhlman, the Court expressed its concern about "secret interrogation by investigatory techniques that are the equivalent of direct police interrogation." Id. Evans' successful efforts to deceive petitioner and Dupree, gaining their trust in order to question them about the robbery, and his persistent questioning of petitioner over a period of several days for the purpose of obtaining incriminating statements from him, demonstrate that "the police and their informant took ... action, beyond merely listening, that was designed delibereately to elicit incriminating remarks." Kuhlmann, 91 L.Ed.2d at 385. G. The State's failure to correct kev witness' misleading testimony at trial 84. The State's failure at trial to correct the misleading testimony of Offie Evans violated (i) petitioner's right to be free of cruel and unusual punishment, guaranteed by the Eighth and Fourteenth Amendments; and (ii) his right to the due process of law, guaranteed by the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States. FACTS SUPPORTING PETITIONER'S CLAIM THAT THE STATE'S FAILURE TO CORRECT EVANS' MISLEADING TESTIMONY VIOLATED HIS CONSTITUTIONAL RIGHTS 85. Petitioner repeats and realleges the allegations of paragraphs 26 through 33 and paragraphs 76 through 82, supra. 7 86. The newly-discovered 2l1-page statement of 0ffie Evans reveals significant discrepancies between what 0ffie Evans told Atlanta detectives and prosecutors in a sworn statement on August 1, 1978 and what he subsequently told petitioner's jury under oath at trial. Evans carefully suggested to petitioner's jury that petitioner, not Evans, had initiated their conversation about the crime. {Tr. -T. 870). He failed to disclose to the jury how he deliberately had deceived petitioner about his name and his claim that he was Ben Wright's uncle, (Exhibit I, 3-4). Evans testified to the jury as follows: A, "We talked around there about two or three days and we got into a conversation about Ben, and so he -- of course, I told him that I knowed Ben real good, and that we used to be together a lot, and I told him that I had been seeing Ben since that robbery, but I. hadn't seen him, you know, so we kept on talking, and so we just kept talking until he started talking about how the robbery went down and how it was, and he told me, said he went in and checked that place out a few days before they robbed it, but then they went back to rob it." (Tr. T. 870) 87. Although Evans' trial testimony created the impression that petitioner had shot Officer Schlatt intentionally and maliciously, he failed to disclose that, in his statement to the police, he noted that petitioner had fired his gun in panic: "...[McCleskey] said that he did see the police put the hand on his gun. And he said that he knowed right then that it was going to have to be him or McCleskey one. Cause the police was headed toward where Ben was back there. And McCleskey [sic] said that he panicked, he just shot." {Exhibit I, 8) 8 88. Evans withheld from the jury the truth concerning both the extent of his cooperation with the State as an informant, and when that cooperation first began. In fact, Evans suggested at trial that he informed the State about his conversations with petitioner only after "[t]lhe deputy out there heard us talking." {Te. T. 872). Questioned further by petitioner's counsel about when he first contacted the jailer, Evans answered: A. "[The deputy] heard us talking about it and everybody in jail knowed about Ben, so that is how it come about, and that is why I am here right now." (Tr. 7. 8380). Yet, in his statement to police, Evans clearly indicates that he telephoned petitioner's girlfriend, in the presence of police and the district attorney, midway through his interrogation of petitioner. (See { 81 supra) 89. Evans also lied to petitioner's jury about his motive for cooperating with the State. In his trial testimony, Evans indicated that he agreed to speak with the police because he did not wish to be considered as a "conspirator": Q. What did you tell [the deputy]? A. I told him what we was talking about. He said did I want him to call Homicide, would I tell them that. I said yeah, so he called them. Q. What were expecting to get out of that? A. Just like that I had been talking to Ben and something like that. Q. Had they considered you as a suspect in this? A. It could have been led me to one. 9 a. What would have led to you being a suspect? A. Laying around talking with a man about something or other that went down like that. Q. How would that make you a suspect? A. It could make me a conspirator, couldn't it? Q. So in short, you were interested in covering up your own rear end at that point, is that right? A. Yeah. Q. So you cooperated with the deputy in order that you couldn't have any hassle in this, is that right? A. Yeah, you can say that. {Ir. T. 881). . Yet, as petitioner alleges in para. 32-33 supra, and as Evans has admitted during petitioner's state habeas proceeding, Evans had a different and much stronger interest in acting as the State's key witness against petitioner. He deliberately and actively sought to elicit incriminating statements from petitioner for use in obtaining a police detective's promise to "speak a word" for him on his pending federal charges. (St. Hab, Tr. 122). . Evans! misleading testimony at trial left petitioner's jury with the erroneous impression that Evans was a disinterested witness, whose only motive for cooperating with the state was to "[tell] it straight, whoever it helps, it helps,” (Tr. T. 881). 90. Petitioner did not have access to Evans' 21l1-page statement in 1978 or in his initial state and federal habeas corpus proceedings. It was made available to petitioner only 10 recently, due to a change in Georgia law. Thus, counsel did not have the opportunity to detect the discrepancies and the misleading nature of Evans' testimony during trial. The State, although obviously aware of Evans' relationship with the State, failed to correct Evans' testimony when he misled the jury. As petitioner demonstrates in paragraphs 34-36, at least two members of petitioner's trial jury would not have agreed to impose a death sentence had they known of Evans' relationship with the State. 891. The United States Supreme Court has consistently ruled that a criminal conviction may not be obtained by the knowing use of perjured testimony, nor may a prosecutor permit false or misleading testimony to go uncorrected. Mooney v. Holohan, 294 U.S. 103 (1935); Pyle v. Kansas, 317 U.S. 213 (1942); Alcorta v. Texas, 355 U.S. 28 (1957): Napue V. Iiilinois, 380 U.S. 284 (1959). A conviction obtained through such means must be set aside if there is "any reasonable likelihood" that the false testimony could have affected the judgment of the jury. United States v. Agurs, 427 U.S. 97, 103 (1976); United States v. Bagley, 105 8. Ct. 3375, 3382 (1985). "Materially false testimony" includes not only direct lies but also testimony which conveys a false impression to the jury. Here, petitioner's conviction and death sentence rested on the jury's erroneous belief that Evans was a disinterested witness. That belief, carefully nurtured by the State, was materially false. The State's actions and inactions designed to foster that belief 11 constitute a clear violation of petitioner's due process rights, and requires that this Court vacate his conviction and death sentence. IV. EXPLANATION FOR PRESENTING THESE CLAIMS IN A SECOND OR SUCCESSIVE PETITION 92. RB. Petitioner's Massiah Claim and Mooney Clains Petitioner's claims (i) that the State's use at trial of incriminating statements made by him to Offie Evans violated his Sixth Amendment and Due Process Clause rights, and (ii) that the State failed to correct Evans' misleading testimony at trial, should be entertained on their merits in this successive petition because the facts that support these claims "could not reasonably have been raised in the original ... petition,” within the meaning of 0.C.G.A. §9-14-51. These claims are based on a. written statement given by 0Offie Evans to the police, describing in detail the alleged conversation between Evans and petitioner in July of 1978. Although trial counsel for petitioner made a proper and timely pretrial Brady request to the State for all exculpatory material (see annexed Exhibit J), only recently did the City Attorney of Atlanta permit petitioner to gain access to this 21-page statement, responsive to a recent change in Georgia law. 93. Before petitioner's trial, defense counsel requested from the State all exculpatory and impeaching information, including "[alll written statements of witnesses in the possession of the prosecutor relating to the charge against defendant." (See Exhibit J, Motion for Information Necessary to 12 Receive a Fair Trial, and Motion for Disclosure of Impeaching Information.) Offie Evans' statement to the police was not made available to petitioner's counsel. (St. Hab. Tr. 77). 94. On February 20, 1987, in Georgia Television Company V. Napper, Civil Action No. D-40209, the Fulton County Superior Court ordered the City of Atlanta must disclose to the plaintiffs in that case the contents of certain police investigative files. The City of Atlanta appealed that order, but the Georgia Supreme Court affirmed on April 6, 1987, in Napper v. Georgia Television go., No. 44381. The City immediately filed a petition for rehearing, challenging the Court's dekieion ordering the City to release investigative file records in a criminal case after the completion of direct appellate proceedings, even prior to the completion of nabess ores preceeding. | 95. Petitioner's counsel in this case contacted the City of Atlanta on May 29, 1987. He cited the Napper decision and requested access to the police investigative files concerning Officer Frank Schlatt's murder. Counsel was told that the City was unlikely to permit access until the Georgia Supreme Court ruled on its request for rehearing in Napper. 96. On June 1, 1987, petitioner's counsel formally filed with the City a written request for inspection of the investigative file. (See Exhibit K, copy of letter to Chief Reading). 97. On June 3, 1987, the Georgia Supreme Court denied the City's rehearing request in Napper. On June 4, 1987, the City 13 contacted petitioner's counsel, asking for additional time to respond to his request, in light of the June 3 Supreme Court decision. Counsel agreed to an extension of time until June 8, 1987. (See Exhibit L, copy of letter from Deborah Flovd.) 98. On June 10, 1987, the City released Evans' 21l1-page statement to petitioner's counsel, promising to rule on counsel's broader request at a later time. (See Exhibit M, copy of letter to Roy Mays.). 99. Petitioner's efforts to obtain Evans' 21-page statement have been timely and in good faith, hindered only by the continuing dispute over the applicability of the Napper decision. Petitioner could not have reasonably obtained this evidence in his first habeas corpus proceeding. The Georgia Supreme Court has only recently made it clear that such files must be made available. 100. Under the clear precedent of the Georgia Supreme Court, constitutional claims such as petitioner's that are based on evidence which was unobtainable during the first habeas proceeding, due to no fault of petitioner, must be addressed on the merits. See Smith v. Zant, 250 Ga. 634, 301 5.E.24 32 (1983). Dated: June 22, 1987 Respectfully submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 303083 JULIUS L. CHAMBERS JAMES M. NABRIT III 14 JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By Ieobert NX 2ocp— CERTIFICATE OF SERVICE I hereby certify that I am one of the counsel for petitioner Warren McCleskey in this action, and that I served the annexed document on respondent, by placing copies in the United States mail, first class mail, postage prepaid, addressed to his attorneys, as follows: Mary Beth Westmoreland, Esq. Assistant Attorney General 132 State Judical Building 40 Capitol Square S.W. Atlanta, Georgia 30334 FA Done this — day of June, 1987. Attorney for Petitioner McCleskey EXHIBIT I ATLANTA PULLILE ULPARIP NT UAL x a PhigE ese np = + STATEMENT OF OFFIE GENE EVANS RACE B SEx M pos 8-15-35 HOME ADDRESS 2905 SPRINGDALE RD. APTTP3 CITY/STATE ATLANTA, GA. BUSINESS ADDRESS UNEMFLOYED PHONES ~ N/A 768-0723 BUSINESS / HOME DETAILS: "I AM IN THE FULTON COUNTY JAIL CELL # 1 NORTH 14 WHERE I HAVE BEEN SINCE JULY 3,1978 FOR ESCAPE. WARREN MCCLESKY WAS IN CELL # 15, WHICH IS RIGHT NEXT TO MY CELL. BERN/{ DUPKEE WAS IN CELL 2 NORTH 15 WHICH 1S RIGHT ABOVE MY CELL AND MCCLESKY'S. RIGHT BI EACH ONE OF THE CELLS ARE TWO VENT HOLES. YOU CAN TALK THROUGH THESE VENT HOLES. ON JULY 8, 1978 DUPREE CALLED. MCCLESKY AND HE WAS GETTING ON MCCLESKY ABOUT PUTTING : HIS NAME IN THE CONFESSION. FUPREE TOLD MCCLESKY "WHY DID YOU PUT MY NAME IN THAT CONFESSION, WHEN YOU KNOW THAT THE PEOPLE CAN'T IDENTITY :[E?" DUPREE TOLD MCCLESKY "SUPPOSE THAT I GO AHEAD ON AND TELL THAT YOU WERE THE TRIGGER MAN." MCCLESKY TOLD DUPREE THAT HE DID NOT HAVE ANY OTHER CHOICE BECAUSE THEY HAD MADE HIM CONFESS TO TH DUPREE TOLD HeCLESsy Mir YOU WAS GOING TO CONFESS THEN WHY DID Yo TELL THE TRUTH AE IT, YOU TOLD TOO MUCH OF THE TRUTH ABOUT IT." MCCLESKY TOLD DUPREE THAT "SOME OF bi PEOPLE AT THE FURNITURE STORE PROBABLY TOLD IT AND THEY JUST MADE ME REPEAT WHAT SOI OF THE PEOPLE HAD TOLD." DUPREE TOLD MCCLESKY THAT "YOU ARE A CRAZY SON OF A BITCH DUPREE TOLD MCCLESKY "EVERYTHING YOU TOLD THEM WAS THE TRUTH MAN, ITS' CLOSE TO EXACTLY WHAT HAPPENED, IT IS GOING TO BE HARD TO GET THAT CONFESSION OFF, YOU MADE SO PLAIN, SO CLOSE TO EXACTLY WHAT HAPPENED." "YOU KNOW THAT THE WOMAN AND AT THE FURNITURE STORE COULDN'T IDENTIFY YOU AT THE PRELIMINARY HEARING." MCCLESKY SAID "THATS' THE REASON THAT I AM THINKING THAT I AM GOING TO GET MY LAWYER TO CHANGE MY I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO THE BEST OF MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE.. 27 Srl + ot 7d Vv WITNESS a Lo oe EA Sr WITNESS x \ I x. lr ih VICTIM SCHLATT, FRANK R. (OFF. HOTNESS: pt Dl COMPLAINT 4 463548 LW FihN=378 | § Ls 2) ATLANTA BUREAU OK OLICE SERVICES ATE Looe pe STATEHRENT OF OFFIE Gryr rvanc RACE SEX DOB HOME ADDRESS APT ; CITY/STATE SUSIRESS ADDRESS PHONES RTS TRE DETAILS: CONFESSION. DUPREE TOLD MCCLESKY TEAT WAS GOINGTO BE REAL HARD TO DO. MCCLESKY SAID "THE FIRST STATEMENT I MADE IN COBB COUNTY WHEN THEY PICKED ME UP, 1 TOLD.THE MAN UP THERE THAT I DID NOT KNOW NOTHING ABOUT IT PERIOD." "LATER ON THREE MEN FROM ATLANTA HOMICIDE CAME UP WHERE AND GOT ME." MCCLESKY TOLD DUPREE "ON THE WAY BACK DOWN HERE, HOMICIDE MEN SAID THAT "YOU ARE GOIN G TO TELL US THE TRUTH WHEN WE GET BACK TO ATLANTA, CAUSE WE BUST HEADS DOWN THERE. MCCLESKY SAID THAT THE POLICE OFFICER THAT THE OFFICER SAID THAT HE FELT LIKE STOPPING THE CAR AND BUSTING HIS BEAD THEN. MCCLESKY TOLD DUPREE THAT HE WAS SCARED. DUPREE TOLD MCCLESKY, "you SCARED, DON'T YOU KNOW THAT FOR MURDERING A POLICE, YOU GET THE ELECTRIC CHAIR. MCCLESKY TOLD DUPREE" JT THEY CAN TRY ME OX THE OSE T MADE IN ATLANTA, THEY CAN TRY ME ONTHE ONE I MADE IN MARIETTA, TOO." MCCLESKY SAID "HE THOUGHT THAT HE COULD GET THE ONE IN ATLANTA, PULLED BECAUSE HE SIGNED Tv, ONE" IN ATLANTA AND ONE IN MARIETTA AND THAT HIS LAWYER THOUGHT THERE HAD TOC BE SOME PRESSURE PUT ON BIM IN ORDER FOR HIM TO SIGN TWO STATEMENTS, THE FIRST ONE SAYING THAT HE DID NOT KNOW ANYTHING ABOUT IT, AND THE OTHER SAYING THAT HE WAS THERE. THEN THE DEPUTY WAS FIXING TO COME ARO AND CoD. SO THEY STOPPED TALKING. MCCLESKY COULD REAR THE DEPUTY PUT THE KEYS IN : DOOR, SO HE JUMPED DOWN OFF THE SINK THAT HE STANDS ON TO TALK THROUGH THE vent. TH DEPUTY WENT ON THROUGH MADE THE COUNT AND THEN WENT ON BACK OUT. ABOUT 1C MINUTES I HAVE READ/HAVE HAD READ TO ME/THE ABOVS STATEMENT AND | vE READ : IT IS TRUE TD -THE BEST OF MY BELIEF AND RKNOWLECSE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE. Coit, ( Coan” a Lo STGAATURE/ WITNESS ay < / fe = res rel EEE Lr nme Ts Brad / Be it VICTIM: SCULTT, CRANE B. (OFF KWITheSS 2 Cols Fri CCMPLAINT § i SASL $1378 S822 ArrANTA SuREAt POLICE SERVICES re ki TIME STATEMENT OF OFFIE GENE EVANS RACE SEX COB HOME ADDRESS APT CITY/STAIE BUSINESS ADDRESS PHONES : | : BUSINESS / hud DETAILS: | LATER DUPREE CALLED MCCLESKY BACK AGAIN. DUFREE TOLD MCCLESKY THAT "HM STARTED ALL THAT SHIT UP BECAUSE &y vos TO GET BEN MESSED UP BECAUSE Jill} AND SOME DUDE ROBBED A PLACE IN BENS' CAR AND THE TAG NUMBER OFF THE CAR WAS GOT OFF." MCCLESKY TOLD DUPREE "I DON'T THANK THATS' WHAT IT WAS ABOUT THAT." "THAT THUNDERBIRD BEEN "IN A WHOLE LOTS OF ROBBERIES! AFTER THEN DUPREE TOLD MCCLESKY {J PULLED MORE SHIT THAN BEN DO CAUSE SHE ALWAYS, YOU KNOW SHE PUTS ON MENS' CLOTHES ON AND YOU CAR TELL HER FROM A MAN AND SHE ALWAYS SITTING AROUND BRAGGING ABOUT IT." THEY GOT QUIET THEN. TUE NEXT DAY, JULY 9, 1978 AFTER BREAKFAST I TOLD WARREN MCCLESKY "I GOT & NEPHEW MAN, HE Ix A WORLD OF TROUBLE." MCCLESLY SAID “YEAH, WHAT THEY GOT HIM FOR?" I SAID THEY GOT KIM ACCUSED OF MURDER AND ROBBERY, BUT I SAID I DON T THINK THEY GOT HTM YET. MCCLESKY SAID " I MIGHT KNOW HIM, IS HE BEENI THE PENITENTARY BEFORE?” 1 SAID "rEau, HE UID A PAETIT GOOD WHILE IN REIDSVILLE." MCCLESKY ASKED ME "WHAT 7s NAME." I TOLD HIM "BEN WRIGHT". MCCLESKY SAID "YOU BEENS' UNCLE." I SAID wyEAR." HE SAID "WHETS' YOUR NAME?" I TOLD ETM THAT MY NAME WAS CHARLES. MCCLES SATO MTEZY GOT ME AND IER OX THE SAME CASE," I SAID "OE, BEN WAS TELLING ME ABOUT YAWL THE LAST TIME THAT I SEEN BEIM." HE 41D "WHEN YOU SEE HIM." 1 TOLDMCCLESKY I HAD SEEN EIM ABOUT A COUPLE OF WEEKS AGO. I TOLL HIM "BEN WAS TELLING ME ABOUT HAYE READ/HAVE HAD READ TC ME/THE ABOVE TRUE RE _READ TO = STATEMENT AND IT BELIEF AND KNCMLEGE AND HAS BEEK GIVEN FREELY AND VGLLNTARILY fi he pol” Lr ns Pd fo TER ‘WITHESS ol or nd Ea DATE =, Sop TIME Thee er rt Ry Ly A in id PER ’ J we 4 Ge ass’ VICTIH ergs 47, FRAN A. (OF: WiTizss fad SL ot CCMPLAINT # L63548 T™2 73 — ATLANTA BUREAU Ol 'OLICE ‘SERVICES pate | i-78 TIE / STATEAENT OF OFFIE GENE EVANS RACE SEX 0oB HO | OMZ ADDRESS APT CITY/STATE SUSINESS ADDRESS PHONES SITES 7 FOE DETAILS: &7 TRYING TO PUT HIM IX THE SETT. HE SAID "WHAT YOU MEAN BY THAT?" I SAID "BEN SAID THAT ALL OF YAWL ARE TRYING TO PUT THE WEIGHT ON HIM, TRYING TO MAKE LIKE HE SHOT THE MAN IN THE ROBBERY WHEN HE DID NOT DO IT." MCCLESKY SAID "IT MIGHT BE ONE OF THOSE OTHER oi Fesvse I AIN'T TRYING TO PUT BEN IN NOTHING." I SAID "MAN I KNOW YOU LYING BECAUSE I USED TO STICK UP WITH BEN TOO, AND BEN AIN'T FAST ABOUT SHOOTING NOBODY." I TOLD THEM THAT "BEN TOLD ME THAT YOU SHOT THE MAN YOURSELF." MCCLESKY SAID "CAN'T NOBODY PROVE THAT 'I SHOT THE MAN, CAUSE THE LADY CAN'T IDENTIFY ME NO WA I TOLD MCCLESKY "I WAS. SUPPOSE TO BEEN IN ON THE ROBBERY MYSELF, BUT IF YOU WASN'T S GREEDY, ALL OF THAT WOULD NOT HAVE HAPPENED, EEAT I COULD PLAN THINGS OUT BETTER THA THEN MCCLESKY CAME ON UP AND TOLD ME ABOUT IT. I SAID MAN "JUST WHATS' HAPPENED OVE THERE." MCCLESKY COME TO TELL 'E "GE WENT OVER TO THE PLACE ABOUT A WEEK BEFORE 1 ROBBERY, MESSING AROUND. CP CuECKED THE PLACE OUT TO SEE WHERE TEE MONEY DRAWER 1 AND ALL LIKE THAT, a LAID IT OUT TO THEM ABOUT HOW MUCH YOU HAVE TO WATCH IN T=: STORE WHEN YOU GO IN. MCCLESKY SAID THAT HE DOUBLE CHECKED THE PLACE THE SAME DAY THEY ROBBED THE PLACE. MCCLESKY SAID THAT EEgp HAD A MAKE-UP KIT AND MADE HIS FACE THE DAY HE ROBBED THE PLACE. HE SAID SHE PUT SOME PIMPLES LIKE ox HIS FACE AND SHE PUT A SCAR SOMEWHERE ON HIS FACE, BUT HE DID NOT SAY WHERE BOUTS. MCCLESKY SAID TH HE WENT TO THE STORE AND TALKED TO A LADY ABOUT BUYING SOME MERCHANDISE AND LOOKED READ/HAVE HAC READ TO ME/THE A80VE ST RE ATEMENT ARD IT IS TRUE 5 EF AND KNCWLEZSE AND HAS BEEN GIVEN FRECLY AHD Jy pp eo Li ~ GL WITNESS 2 rg) {/ SEGATURE Brruree > Lg i JL ioe TE ot pore TS AT wr ~ ~ Li m S45 Viet Qn I rer THANE 1 7 wil dr Nt a oh > OININ Dee COMPLAINT # 4623548 LW ATLANTA BUREAU OK ‘OLICE SERVICES . bAtEL /8 i sri> STATEMENT OF QFFTT CENT FUANS RACE SEX CoB HOME ADDRESS APT |" CITY/STATD BUSINESS ADDRESS PHONES a BISTHESS 7 FORE DETAILS: THE MERCHANDISE AND EVERYTHING, AND LEFT AND WENT BACK TO BENS' HOUSE, BUT BEN WASN'T AT hoe BECAUSE THE POLICE WAS ALREADY LOOKING FOR BEN, SO BEN WASN'T STAYING AT HOME MCCLESKY SAID " HE WENT AND PICKED UP DUPREE AND THIS OTHER GUY AND COME BACK TO BEN HOUSE." WHEN THEY COME BACK TO BENS' HOUSE THATS' WHEN THEY GOT SHOTGUN, A PISTOL Al A LEATHER JACKET- A SHORT LEATHER JACKET. HE SAID THAT THE LEATHER JACKET BELONGED TO ANOTHER DUDE AND THE GUY LET BEN USE THE JACKET. MCCLESKY SAID “THATS' WHEN THEY ALL MOBBED UP AND WENT TO GOTO THE PLACE. HE SAID HE STOPPED SOMEWHERE AND ‘BOUGHT TWO PAIR OF STOCKINGS. Wilf SHE WAS DRIVING HER CAR DURING THAT TIME. WHEN THEY GO TO THE PLACE MCCLESKY WENT BACK TO TALK TO THE LADY ABOUT THE STUFF THAT HE WAS SUPP TO BUY. MCCLESEY SAID SR SHE STOOD RIGHT BY THE SHOWCASE WHERE YOU GOT INTO THE FURNITURE STORE , OUTSIDE THE DOOR, ONTHE STREET SIDE =z, FOR HER TO NOTIFY HIM IF IT LOOKED LIKE THERE WAS ANY HEAT COMING ON , OR SOMETHING. LIXE THAT." AND HE TOLD HER IF "YOU SEE ANYTHING THAT LOOKS SUSPICIOUS Yor STEP Rigas INSIDE THE DOOR, pox SAY ANYTHING, JUST WALK RIGHT ON OUT." MCCLESKY BALD THAT EE WEST RIGHT ™ FRONT Al THROWED DOWN OX THE LADY AND SAID BEN AND TWO 8 THREE OTHER DUDES COME INTHE BACK. MCCLESKY SAID THAT HE WAS TRY ING TO WATCE vax AND THE LADY TOO AND THE LADY THAT HAD THROWED DOWN ON. AND THAT A LITTLE WHILE AFTER HE WAS IN THE STORE THAT HE SEE & MEEE¥ STEP INSIDE THE DOOR AND WALK RIGET BACK OUT. MCCLESKY SAID THAT ABOUT THAT T HAVE RERD/HAVE HAD READ TC ME/THE 380 - ov VE STATEHERT AR RUE TO Hy BELIEF AND XNCJLEDSE AND HAS BEEX GIVEN mos Y &HD lao Ie ros) 3; AA = hr, sin : STRUT > WITNESS JIT a A Por nd VICTIM QrELi™T. FRANK f. (OFT Re a CCMPLAINT §__ se2548 VIX ATLANTA BUREAU OF LICE SERVICES VAIL Lon md [¥¥; STATEMENT OF OFFIE GENE EVANS RACE Sex CoB HOME ADDRESS APT CITY/STATE S8USINESS ARDRESS PHONES TESTE DETAILS: THE POLICE WALKED IN THE STORE. BUT THE POLICE DIDN'T ACT LIKE HE WAS COMING IN FOR NO ROBBERY. BUT HE SAID THAT wr DID SEE THE POLICE PUT THE HAND ONEIS GUR.. AND RE SAID THAT HE KNOWED RIGHT THEN THAT IT WAS GOING TO HAVE TO BE HIM OR MCCLESKY ONE. CAUSE THE POLICE WAS HEADED TOWARD WHERE BEN WAS BACK THERE. AND MCCLESKY SAID THAT HE PANICKED, HE JUST SHOT. MCCLESKY DID NOT SAY HOW MANY TIMES HE SHOT OR NOTHING. MCCLESKY SAID WHEN THEY GOT TOTHE CAR, WEE WAS UNDER THE WHEEL AND DUPREEE PUSHED HER OVER. “THEY WAY HE TALKED SOMEBODY WAS LATE GETTING TO TBE CAR, I DON'T KNOW WHI! ONE IT WAS. MCCLESKY SAID rn TA 3, IT WAS A GOOD THING THAT DUPREE TOOK TH WHEEL CAUSE THAT BITCH WOULD HAVE RUN OFF AND LEFT SOMEBODY." AND THEN I TOLDMCCLESK "HID YOU. , IS THIS THE WAY YOU TOLD THIS CONFESSION?" MCCLESKY SAID "SOME OF IT IN THERE 1 TOLD, AND SOME OF ITI DIDN'T." ABOUT 2-3 MINUTES LATER DUPREE CALLEC MC CLESKY UP TO THE VENT. DUPREE SAID "WHATS' GOING ON." MCCLESKY SAID "AWL, WE AN" DOING NOTEING BUT JUST TALEXING." DUPREE TOLD MCCLESKY TOLD "I'M GOING BACK TO: SLEE} YOU KNOW I STAY UP ALL RBICUT.Y ‘DUPREE TOLD ME, WELL EE DONE GONE BACK TO SLEEP. Al THEN ME ANDMCCLESKY STARTED TALKING .BACK AGAIN. ARD THEN ASKED MCCLESKY WHAT KIN: EVIDENCE DID THEY HAVE ON HIM. MCCLESKY SAID wory ATN'T GOT NO. EVIDENCE, NO MORE WHAT I TOLD THEM DOWN THERE, AND I AIN'T GONE TO PLEAD GUILTY TO THAT." MCCLESKY TO ME do FEE COULDN'T HAVE TOLD THEM TOO MUCE, CAUSE IF SHE DID, SEE WOULD HAVE BE I HAVE READ/HAVE HAD READ TG ME/THE ABOVE STATEMENT ot TEE hel plot } MEJTHE ABOVE STATEHENT AND IT e e #¥ BELIEF AND KIGLECGE AND HAS BEZH GIVEN FREELY AND VOLUNTARILY BY HE. © r 4 | Lr, Ln A Ll SIGAARTURE / WITNESS eof +r ip aS msi inl I 2 pare SC 0 T ir (r=uree IN RE Tis ™ iin - WIvhete Tn 4 — ra 1 VICTIN SCELATT, rrahk R. {OFT +) -: = i - Tart WS TE - oe EN 5 . SU ZO SS . ~ fs LE 1 5 COMPLAINT 7 463345 FM3~2 a} ATLANTA BUREAU OF JLICE SERVICES DATE... 78 Tit STATEMENT OF OFFIE GENE EVANS RACE: SCY DOB HOME ADDRESS APT CITY/STATE BUSINESS ADDRESS PHONES ERTS TE DETAILS: IX JAIL HERSELF. MCCLESKY SAID "AIN'T NOBODY COULD HAVE PUT THE HEAT ON THEM BUT = SHE WAS THE ONLY ONE WHO COULD HAVE TOLD THEM THE NAMES OUT AND TELL THEM ABOUT THE GUNS THAT THEY HAD PICKED UP AT HER HOUSE, CAUSE SHE WAS TRYING TO CLEAR HERSELF FOR SOME REASON. THE MAN CAME AROUND TO MAKE A COUNT UP AGAIN. WE STOPPED TALKING. I WENT ON TO SLEEP. -- THE NEXT DAY , JULY 70,1978 AROUND 9:00 A.M. WE STARTED TALKING AGAIN. MCCLESKY SAID THAT THE MAN WHO OWNED THE JACKET SHOULD HAVE BEEN IN JAIL, HE DIDN'T KNOW WHY THEY PICKED EIM UP AND QUESTIONED KIM AND TURNED HIM ALOOSE. THEN I TOLD MCCLESKY "THAT MAN MUST HAVE KNOWN SOMETHING, TOO." MCCLESKY SAID "THE MAN WHO OWNED THE | JACKET COULDN'T HAVE KNOWN NOTHING ABOUT IT UNLESS WE TOLD HIM." TEEN I SAID "THE AIN'T GOT NO GINS OR NOTHING MAN?" MCCLESKY SAID "wo." MCCLESKY SAID " I KNOW THEY NEVER WILL FINL THE GUNS THAT I HAD, BECAUSE WHEN HE WAS ON HIS WAY BACK TO . MARIETTA, FROM DUPREES OLD LADY HOUSE, HE THROWED THE PISTOL OVER THE BRIDGE OVER THE CHATTAHOOCHE." MCCLESKY SAID THAT HE DIDN'T SEE BEN NO MORE AFTER THEN UNTIL MAY 28, 1978. MCCLESKY SAID THAT BEN COME TO MARIETTA AND CALLED HIM FROM A SERVIC STATIOK AND EE WENT TO THE SERVICE STATION AND PICKED BEK UP. MCCLESKY SAID THAT BI TOLD EIM THAT HE THOUGHT THERE WAS GOING TO BE SOME SHIT ABOUT THAT LATER ON, BECAUC SW THOUGHT THAT THEY HAD BURNT SOME OFF THE MONEY OFF SOMEWHERE AND THAT HE AND & | HAVE READ/HAVE HAD READ TG ME/THE ABOVE STATEMENT AND IT IS TRUE TO ‘THE BEST OF MY BELIEF AND RNOWLEDEGE AND HAS BEEN GIVEN FREELY AND VCLUNTARILY BY ME.. . J ¢ -~ AAA z. a = 7 ; SIGRAORE / / WITNESS 7 are pare CS STE TE WITHESS oT, ew F op SCELATT. FRANK R. (OFF ted \ maseloL St ol / Bs Ay VICTIM & gi Po SR HE po 0 \ iy i re >" oy 4 : % / pigss Al de Toth COMPLAINT § 463548 TMT S 2-2 le2adl & 3100) - ys ( > > : ATLANTA BUREAU OF ". OLICE SERVICES DATE a TIME STATEMENT OF OFFIE GENE EVAwc RACE ro SEX DOB HOME ADDRESS APT CITY/STATE : BUSINESS ADDRESS PHONES BISTHESS 7 HORE DETAILS: : HAD BEEN HAVING AN ARGUMENT ABOUT THAT. MCCLESKY SAID THAT HE TOOK BEN TO A FRIENDS OF HIS HOUSE, BUT BEN DECIDED TO GO TO A MOTEL AND STAY THAT NIGHT. MCCLESKY SAID THAT HE WENT TO THE MOTEL THE NEXT MORNING AND PICKED BEN UP, AND BROUGHT BEN OVER TC EIS HOUSE. AND HIM AND BEN PAINTED THE KITCHEN AND DUG THE YARD UP AND HIS BROTHER-I LAW WENT AND BOUGET SOME BEER, AND THEY SAT DOWN AND DRUNK THAT. MCCLESKY SAID THAT HE HADN'T SEEN BEN SINCE THE, NO MORE THAN TALK TO HIM ON THE TELEPHONE . DUPREE CALLE MCCLESKY. HIM AND DUPREE WAS TALKING. THEY WASN' T TALKING ABOUT THIS ROBBERY. DUI WAS SAYING THAT HE NEVER COULD UNDERSTAND WHY HIS OLD LADY DIDN'T NEVER COME UP THEK AND SEE HIM. DUPREE TOLD MCCLESKY THAT SHE MIGHT BE SCARED CAUSE wf COULD HAVE TO THE POLICE ABOUT THE MONEY BEING SPLIT Up AT HER HOUSE. ME AND MCCLESKY DIDN'T TAL dst NO MORE FOR A COUPLE OF DAYS. BUT DURING TEIS COUPLE OF DAYS DUPREE AND MCCLESKY Ta TO EACH OTHER. v DURING THIS COUPLE OF DAYS THAT ME AND MCCLESKY DIDN'T TALK, MCCLESKY AND DUPREE WA : TALKING ABOUT THE LAWYER. DUPREE ASKED MCCLESKY "HOW DID HE THANK THAT THE LAWYER FELT ABOUT HIS CONFESSION?" MCCLESKY SAID THAT "THE LAWYER WAS FILING SOME MOTIONS TO TRY AND GET THAT CONFESSION PULLED." DUPREE TOLD MCCLESKY THAT HE HAD TOLD HIM Ti WAS GOING TO BE HARD TO DO. MCCLESKY SAID " 1 TOLD MY LAWYER THAT I WOULD GIVE Ba ! RAVE READ/HAVE HAD READ TG ME/T r : or Ye : > ML/THE &BOVZ STATEMEKT AND I TRUE TO ‘TH ST MY > v ) Ae T 4 BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VGLUNTRRILY BY NE gi Sh . = —_ Ad REA <7, Al AF 7 Gi STGRATURE ~ WiTNESS__ 47 J Tema, oete_= 70 tng rl - = 7 Wi Hoes is : br Pr 2h Fn ts ven id: A NTT" = a —— BH VICTIM SChLarT, FRANK HR. (OFT . Lr WITGESS di Lola / ; : Po—— COMPLAINT ¢ : 635480 FM3I2S ATLANTA BUREAU oF JLICE SERVICES BATE Lf 7% ey / STATEMENT OF __ OFFIE GENE EVANS RACE SEX DO2 HOME ADDRESS LT a. BUSINESS ADDRESS PHONES “BUSTRESS 7 HORE DETAILS: $2,000.00 IF HE COULD GET THAT CONFESSION PULLED @UT. MCCLESKY SAID THAT THEY WOULDX' KNOW NOTHING UNTIL AFTER THEY GO TO THE ARRAIGNMENT. MCCLESKY SAID THAT THE WAY THE LAWYER TALKED, THEY HAD A GOOD CHANCE OF BULLING THAT CONFESSION OUT, BECAUSE HE MADE TWO. THEN DUPREE ASKED MCCLESKY "WHAT DID HE THANK ABOUT THAT CONFESSION THAT THE OTHER GUY MADE?" MCCLESKY SAID "IT WOULD HAVE TO GO FOR THE SAME THING, BECAUSE THE OTHER GUY WAS YXORCED INTO TELLING THE CONFESSION TOO." MCCLESKY SAID THAT THE OTHER GUYS' CONFESSION RESEMBLED THE SAME THANG. DUPREE SAID " IF THEM TWO CONFESSIO! RESEMBLE THE SAME THANG AND YOULL WASN'T IN THE SAME ROOM GIVING THEM OUT, THEN IT IS GOING TO BE HARD GETTING THEM PULLED, CAUSE yEWL TOLD TOO MUCH OF THE SAME THING.. 'MCCLESKY SAID THAT IT WOULD JUST HAVE TO BE A CHANCE HE WOULD HAVE TO TAKE.DUPREE ASK MCCLESKY "IS YOUR PARTNER STILL DOWN THERE?" MCCLESKY SAID "YEAR, SAY HE'S BENS' UNC DUPREE SAID "I DIDN'T NO NOTHING ABOU BEN HAD NO UNCLE MAN, YOU DON'T KNOW WHO THE.HE YOU TALKING TO, YOU COULD BE TALKING TO THE MAN." MCCLESKY TOLD DUPREE "NAW MAN, HE lg MAN, CAUSE HE KNOW A LOT OF PEOPLE THAT IKNOW AND I'M JUST ABOUT SURE THAT K NOW HIM." THEN I STARTED TALKING TO DUPREE ABOUT REIDSVILLE. 1 HAD JUST ABOUT MA DUPREE KNOW ME HIMSELF FROM TELLING HIM ABOUT REIDSVILLE. I TALKED ABOUT A LOT OF THINGS THAT HAPPENED DOWN THERE, A LOT OF THINGS DUPREE DID WHILE HE WAS IN REIDSVIL AND WHO HE WAS RUNNING WITH, AND ABOUT A SAWED OFF SHOTGUN TEAT HE AND A GUY NAMED | HAVE READ/HAYE HAD READ TO ME/THE ABOYE STATEMENT AN HY ; BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND MERE ah oA 2D Li a SiGAATURE Wi TRESS Lm i — me 277 73 toe T= ey —] tHlave die 7 \ : = VICTIM SCulATT, FRANK BR, (OFF) HITHESS &. 2, : COMPLAINT # 463548 IR S$ L892 Nos 3 3 - LS a Ses / i “2 { | ATLANTA BUREAU 0» POLICE SERVICES DATE a TIME STATERENT OF orrIr GENE EVANS RACE So SEY DOB HOME ADDRESS APT CITY/STATE BUSIRESS ADDRESS PHONES ~ BUSINESS / HOME DETAILS: : SERENE HAD GOT CAUG HI WITH BACK IN 1973 , BUT SEE {NNER WAS THE ONE WHO HAD_TOLD ME ABOUT THAT HISSELF. THATS' HOW I KNOWED ABOUT THAT CAUSE I HAD SEEN EEE BACK IN 1976, DOWNTOWN, ONE DAY AND ¥uBf WAS TELLING ME ABOUT HE AND DUPREE GOT BUSTED TOGETHER. DUPREE GOT ALLRIGHT THEN, KIND OF TALKED A LITTLE BETTER. ALLRIGHI THEN MCCLESKY STARTED TALKING ABOUT A JOB. MCCLESKY SAID "YOU KNOW WHAT, THEY MIGET END UP WITH ANOTHERROBBERY ON ME?" I ASKED MCCLESKY WHY. MCCLESKY SAID "WE TOOK OF: A PLACE OF MCDANIEL ST., A LIQUOR STORE AND HE SAID THAT HE BELIEVED THAT SOMEBODY W. GOING TO TELL THAT, CAUSE HE KNEW ONE OR TWO GUYS WHO KNEW. I SAID MAN, COULD YOU IDENTIFY YOU FROM THE LIQUOR STORE. MCCLESKY SAID THAT HE DID NOT KNOW. BUT MCCLES . "SAID THAT HE WAS SCARED THAT IT EIGHT COME AT ANY TIME. MCCLESKY GOT BACK OX om. MCCLESKY SAID THAT THEY WAS ALL SITTING OVER TO BENS HOUSE ONE DAY SMOKING REEFERS AND DRINKING BEER AND Wl TOOK THE CAR AND WAS SUPPOSED TO BEEN GOING TO THE STO SAID SHE STAYED GONE SO LONG THEY STARTED WORRYING ABOUT HER. AND SAID THEY DIDN'T KNOW WHERE SHE WAS AT, BUT LATER ON SHE COME BACK HOME AND TOLD THEM THAT THE POLICI HAD STOPPED THE CAR AND BROUGHT HER TO JAIL AND TOLD THEM THAT THE POLICE SAID TH! CAR HAD BEEN IN A ROBBERY. MGCLESKY SAID THAT THEY DAMN NEAR HAD HER BUT BETWEEN EAD/HAYE HAD READ TO ME/THE SBOVE STATEMENT Br a i£/THE 4BOYZ STATEMENT AND IT IS TRUE TO ‘THE BE F AND KNGWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME. = i WITNESS ry, ~ { 7 WlvHECS ERY a - n a 8 Vd od neg BELI rs DA Yie ~~ Cons VICTIM SCELATT. FRANK R. (OFF. IT mye 7 ie GEL BE Fw A COMPLAINT § saan. | THY ATLANTA BUREAU 0 ‘OLICE SERVICES pate lL 1.72 TIME g STATEMENT OF OFFIE GENE EVANS RACE SEX COB HOME ADDRESS APT | CITY/STATE BUSINESS ADDRESS PHONES | BUSTHESS 7 HORE DETAILS: | HER COMING IN LOOKING LIKE A WOMAN, PULLING THE WIG OFF LOOKING LIKE A MAN, SHE BLIPPE THROUGHTHOSE SUCKERS' HANDS. AND SAID THAT BEN ASKED HER WHAT DID SHE TELL. MCCLESKY SAID THAT £288 DIDN'T TELL THEM NOTHING, BUT SHE DIDN'T. KNOW NOTHING ABOUT IT. MCCLES SAID THAT HIM AND DUPREE TRIED TO FIGURE OUT WHAT ROBBERY IT COULD HAVE BEEN WHERE THE GOT THE TAG NUMBER OFF THE CAR. MCCLESKY SAID THAT THE ONLY THING HE COULD THINK OF WAS WHERE . © AND THEM HAD PROBABLY TOOK THAT CAR AND DID SOMETHING IN XT. WARREN SAID BUT " I DON™T KNOW, THAT JOB THAT I WAS TELING YOU ABOUT THE LIQUOR STORE PETERS ST., SAID THAT THEY MIGHT HAVE GOT IT FROM THERE. DUPREE CALLED MCCLESKY AND HIM AND MCCLESKY WAS TALKING ABOUT " . HAD TWO DIFFERENT KINDS OF MONEY ORDERS AND SAY THAT THE ONE THAT THEY HAD GOT FROM OUT TO BOLTON RD. WERE TWO DIFFERENT KINDS OF MONEY ORDERS AND HE DIDN'T EVER FIND OUT WHERE THEM OTHERS COME FROM, WHERE THEY C OUT CF A ROBBERY OR WHAT, BUT HE KNOWED THE ONES THAT THEY HAD TRAT HE oN AR, : THEM WAS SUPPOSED'TO BEEN DONE AWAY WITH, SAY @IEF CALLED THEM ABOUT 5: 004-6: 00a ONE SATURDAY MORNING AND ASKED THEM TO RIDE HER AROUND SO. TREAT SHE COULD CASH SOME OF THE MONEY ORDERS AND HE TURNED HER DOWN. MECLESKY SAID THAT HIM AND HER WASN'T GETTING ALONG TOO GOOD, THAT COULD BE ONE REASON WHY THAT SHE TOLD THAT ON 5 MCCLESKY SAI THAT THE REASON THAT SHE HAD TOLD IT WAS THAT SHE WANTED TO GET SOME OF THE PRESSURE HER CAUSE SEE HAD DONE A WHOLE LOTS OF ROBBERIES HERSELF., AND THAT SHE AND JEESECICNE ! RAVZ READ/HAVE gh READ TG ME/THE ABOVE STATEMENT AND IT IS TRUE ™ ‘THE BEST OF MY BELIEF AND KNOMLELEE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE.. all i ad - APERIEY ITNESS nd [fn bate £0 08 TNE routs Dy A ere A VICTIM groigwe TpaNys 8. OFF.) HITUESS: se DT ine” COMPLAINT § . 443548 © VIV ap Lei\2 g at ; “75 J ATZANTA BUREAU Of. POLICE SERVICES DATE L TIME STATEMENT OF OFFIE GENE EVANS RACE SEX og HOME ADDRESS APT CITY/STATE BUSINESS ADDRESS PHONES DETAILS: | WHO WAS SUPPOSED TO HAVE BEEN HER HUSBAND, HAD DONE A LOT OF ROBBERIES TOGETHER. AND THEX_MCCLESKY ASKED ME IF I EVERY KNOWED A GUY BY THE NAME OF , ANYWAY HE GOT KILLED, NAMED LEGS, SAID THAT HE AND @¢ AND JENENNNEE® USED TO DO A LOTS' OF ROBBERIES. MCCLESKY SAID THAT BECAUSE "EER AND {SSSR AND WEN HAD PULLED A ROBBERYON GORDON RD. AT A LIQUOR STORE WHERE SOME MAN WAS KILLED, SAID &JR DID THE KILLING, BUT WEMR WAS IN ON IT. MCCLESKY SAID THEY LOCKED gp UP AND Re ESCAPED OUT OF THE BIG ROCK JATL AND WENT TO A DUDE'S HOUSE, I THINK THEY SAID HIS NAME EAS UEEEEESEE., AND HE SAID THAT {ERP WAS ONE OF THE PEOPLE WHO KNEW THAT {JR WAS AT #l HOUSE AND Ti POLICE SURROUNDED THE HOUSE AND KILLED GE¥8 IN A SHOOTOUT. AND HE SAID THAT IS YEE PROBABLY THE REASON THAT QW? KEEP RUNNING BACK AND FORTH. DUPREEE END MCCLESKY STAR TALKING AGAIN SAYING "THAT THEY HOPED THAT ENOUGH HEAT WAS ON BEN, SO THAT THEY WOULD BEN WHEN THEY RAN DOWN ON IT, AND IF THEY DOKILL HIN, IT WOULD BE BETTER IN THEIR FAW BECAUSE HE KNOW THAT BEN WAS Foes ABOUT THEM POINTING THE KILLING AT HIM, CAUSE THEY KNOW THAT BEN WOULD GO AND TELL THE TRUTH TO KEEP FROM GETTING TIED UP IN THAT MURDER DUPREE TOLD MCCLESKY § TIMES OUT OF 10, THEY ARE GOING TO KILL EIM ANYWAY BECAUSE BEN WASN'T AS SMART AS HE THOUGHT THAT HE WAS, CAUSE HE BET THAT BEN WASN'T. 200 MILES FR( ATLANTA, AND COMING IN AND OUT OF ATLANTA, CAUSE HE SAID THAT THE NIGGER DON'T KNOW NOBODY BUT SOMEBODY BEEN IN AND OUT OF THE PENITENTARY, CAUSE EE BEEN IN JAIL JUST AB( I KRAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO -THE BEST OF MY BELIEF AND KNOWLEDSE AND HAS BEEN GIVEN FREELY AND VCLURTARILY BY HE.. gr : - 2 oo AA gr A SIGRAIURE 7 / AITNESS ol De Ah PE wn armen rl Tt VICTIM SCHLATT, FRANK R. (OFF. WiThEss_ =. 2 aa ig COMPLAINT § 463548 VLW L&-\3-Al a co Sak / ATLANTA BUREAU Ob OLICE SERVICES DATE L 1-78 TIME : STATEMENT OF OFFIE GENE EVANS RACE SEX CoB CITY/STATE HOME ADDRESS APT SUSINESS ADDRESS PHONES : BUSTHESS / HORE = DETAILS: J HIS LIFE. MCCLESKY SAID THAT "NO HE AIN'T HARDLY AROUND NONE OF THEM PEOPLE WHO BEEN AROUND THE PENITENTARY, CAUSE THEY WOULD HAVE BEEN TURNED HIM IN AND GOT THAT REWARD OFF HIM. DURREE ALWAYS SAY "YOU GET IN TROUBLE, YOU CAN GO TO HARLEM AND STAY 20 YEARS, JUST DON'T GET IN NO TROUBLE. MCCLESKY SAID "I GUESS YOU RIGHT ON THAT, BUT THAT BEN AIN'T GO STAY OUT OF TROUBLE, CAUSE BEN DON'T KNOW HOW 10 DO NOTHING BUT STICK UP. MCCLESKY SAID "YOU BETTER SHOW HOPE THAT HE GET KNOCKED OFF AND THEY DO CATCH HIM CAUSE HE WILL DO ANYTHING TO KEEP FROM GETTING THAT ELECTRIC CHAIR CAUSE HE KNOW THATS' WHAT CRIMES LIKE THAT RUN TO. ABOUT THAT TIME SOMEBODY ELSE CAME IN, I DON'T KNOW WHO IT WAS, AND THEN MCCLESKY STOPPED TALKING. SOME OF THE OTHER THINGS THAT MCCLESKY AND DUPREE SAID DURING THEIR CONVERSATIONSS WERE: A) MCCLESKY SAID THAT HE HAD A GIRL FRIEND NAMED ‘S HE SAID THAT HE HAD A GIRL FRIEND FOR A WITNESS, HIS SISTER, AND HE SAID THAT HE HAD ANOTHER ONE, BUT I CAN'T THINK OF THE NAME, BUT HE SAID THEY WERE GOING TO TESTIFY THAT DURING THE DAY WHEN THE ROBBERY JUMPED OFF, THAT HE WAS IN MARIETTA THAT DAY AND THAT HE DIDN'T COME TO ATLANTA UNTIL ABOUT 3:30 P.M.-4:00 P.M. AND SAY THAT HE HAD ALREADY GOT A MAN IN MARIETTA TO WRITE A LETTER SAYING THAT ON ANOTHER ROBBERY UP THERE, THAT HE WAS AT TEE PLACE WORKING WHEN THAT ONE CAME I HaVe READ/HAVE HAD FE Th ME r AT 4 a : NY aE I ins TC ME/THE ABOVE STATEMENT AKD IT IS TRUE TO THE BEST OF GE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME.. - 4 i \ oA nD i 77 SIGNATURE |. 3 dt tL «I TNESS le fav, DATE ZA up WITNESS win Ly, ol Ti SS Tl ra VICTIM SCELATT, FRANK Ri {OFF.3 — ¥ A 74 = Cr UE a JT ESS. a COMPLAINT # L63348 TL FM? Ve ) ATLANTA BUREAU 0! JOLICE SERVICES DATE Ci S72 “ieyys / STATEHENT OF OFTIE GENE EVANS RACE SEX DOB HOME ADDRESS APT | CITY/STATE BUSINESS ADDRESS PHONES ~ BUSJRESS 7 FORE DETAILS: : OFF IN MARIETTA. THAT EE WAS GOING TO TRY AND GET THET SAME MAN WHO GAVE HIM TE ALIBI IN MARIETTA, TO GIVE HIM AN ALIBI FOR THE ROBBERY THAI HAPPENED IN ATLANT! THAT HE HAD SEEN HIM THAT DAY THAT THE ROBBERY CAME OFF. MCCLESKY SAID "NOW THI AIN'T GO LET ME MAKE NO PHONE CALL, BUT THEY WILL LET YOU MAKE ONE, NOW I WANT YoU TO CALL GEEMEEN, ASK HER IF EVERY THING WAS ALLRIGHT AND CHECK WITH THE PEOP: AND FOR HER TO CHECK WITH THE PEOPLE AND COME OUT THERE SUNDAY AND LET HIM KNOW SUNDAY WHEN SEE CAME T0 VISIT HIM, AND LET HIM KNOW WHAT WAS GOING ON. MCCLESK WROTE THE NUMBER ON A PIECE OF PAPER AND THROWED THE NUMBER OUT OX TEE HALLWAY AND PUT THE BLANKET OVER THE PIECE OF PAPER UNTIL I GOT IT. THIS IS THE SAME PIECE OF PAPER THAT I GAVE TO DET. HARRIS, DET. DORSEY AND DIST. ATTORNEY PARK: WHEN THEY CAME TO INTERVIEW ME. THERE WAS TWO' PIECES OF PAPER WITH SEENED ON IT. I TRIED TO CALL Emms® WHILE THE D. A. AND THE DETECTIVES WERE SITTING THERE BUT I WAS UNABLE TO GET AN ANSWER, THE PHONE JUST RANGED. THATS' WHAT L TOLD MAC WHEN I GOT BACK TO THE CELL. HE SAID "OK, SHE'LL PROBABLY BE OUT HER Ye Zn rome SUNDAY. THEN MCCLESKY SAID THAT "WHEN THE POLICE COME TO HIS EOUSE IN MARIETI HE SAID THAT THEY JUST DID OVERLOOK SOME MONEY ORDERS, THAT THEY LOOKED IN revy il - 7 SEES POCKETBOCK AND FOUND TWO OR THREE REEFERS, AND OVERLOOKED A GUN, I I HAVE READ/HAVE HAD READ TO M&/T : HY RE J. SS Ta : ie) - 1d He /THE ABOVE STATEMENT BELIEF AND KNOWLETGE AND HAS BEEHW GIVEN FREELY a Psp STIGHATURE dress vf Gf pa Al RRA AN A - — , 4 i I — fet” JITNSeS TYG Lagi 1) wn £4 rdf I ~ A020 VICTIM SCELATT. n FRAIR. 2... (OFT WiTHESS =r od TU ie of ~ Se : —rte COMPLAINT # LE&3548 VLW FM120 Ee ay ATLANTA BUREAU oF BLICE SERVICES DATE, ci-72 TIM : STATEMENT OF OFFIE GENE EVANS RACE... "sry COB HOME ADDRESS APT CITY/STATE SUSINESS ADDRESS____ PHONES DETAILS: THAT HE SAID IT WAS A 25 AUTOMATIC THAT BELONGED TO HIS OLD LADY, THAT IT WAS — IN THE REFRIGERATOR. HE SAID THAT SEER HAD GOT $500.00 BOND FOR THE REEFERS THAT WERE FOUND IN HER POCKETBOOK. MCCLESKY SAID .THAT HE WASN'T TOO MUCH WORRIED ABOUT THOSE CASES CAUSE THE D. A. WAS TRYING TO GET SOMEBODY TO TURN STATES EVIDENCE, THAT THERE WASN'T NOBODY TO TESTIFY BUT YEE AND SHE WAS IN ON IT HERSELF TOO. LATER ON MCCLESKY SAID THAT HE WENT TO COURT TO BE INDICTED ON A RUBBERY, MURDER CHARGE AND HE BE GOT DAMN IF THE D. A. DIDN'T COME UP WITH A SECRET INDICTMENT ON HIM. I TOLD HIM "YOU KNOW YOU CAN'T GET NO TIME FOR NOT: LIKE THAT." MCCLESKY SAID THAT HE DIDN'T KNOW THAT HE THOUGHT THAT HE SEEN SOM "BODY IN THE COURTROOM THAT HE KNOWED THAT COULD HAVE PINPOINTED HIM ON THE SCEN **%% DUPREE SAID THAT HE HAD A SHOTGUN CASE OUT IN DEKALB COUNTY, A SAWED OFF SHOTGU AND THAT SHOTGUN HAD BEEN IN ON SOME ROBBERIES, TOO. *%% MCCLESKY TOLD ME "MAN THE SHERIFF IN COBB COUNTY TOLD ME THAT EE DIDN'T LIKE HO THEY WAS DOING HIM, THE ONES WHO HAD WENT TO PICK HIM UP, AND THAT ON HIS WAY B HE FIRURED THAT IT WAS GOING TO BE SOME SHIT WHEN THEY GOT HERE IN ATLANTA® AN WHEN THEY GOT HERE IN ATLANTA, AND STARTED QUESTIONING. THAT HE WAS INTENDED T MAKE THE SAME CONFESSION THAT HE HAD MADE IN MARIETTA. HE SAID THAT THEY -QUEST I HAVE READ/HAVE HAD READ TO ME/THE ABOVE i" SAD/RAVE HAD READ TO ME/THE ABOVE STATEMENT TIS FY BELIEF AND KNOWLEDSE AND HAS BEEN GIVEN FREELY Pa WHE ry ~~ a ~ Nd > TA, > —T, A 2h ik. ”) 45 W, STERORE = ~ITNESS LL CL Lema sve OB son TINE WIT Mme. : 4 CE / LAR I tamer LAT he oF ie ol API . oC VICTIM SCHIATT. TRANK RE, Are A WITHESS 2 2 FMO79 / 2.4 i att, COMPLAINT §# 463548 Sa - as ro AAYRAT i % : oy : ATLANTA BUREAU il QLICE SERVICES DATE {Zn TIME TATEMENT OF OFFIE GENE EVANS RACE SEX DOB ” HOME ADDRESS APT CITY/STATE SUSIRESS ADDRESS PHONES BISTRESS 7 mot DETAILS: | HIM A WHILE. MCCLESKY SAID THAT THIS GREAT BIG SON OF A BITCH GRABBED ME BY MY COLLAR AND SNATCHED ME OUT OF THE CHAIR, SNATCHED ME OUT OF THE CHAIR, AND HIT HIM UP SIDE HIS HEAD, AND SAID "YOU KNOW YOU SHOT THAT MAN, DIDN'T YOU DO IT.? MCCLESKY SAID THAT HE SAID "NAW." MCCLESKY THAT THE DETECTIVE KEPT ON. MCCLESKY SAID THAT HE TOLD THE DETECTIVE THAT ANYTHING THAT YAWL WANT ME TO SAY, 1'LL SAY IT. MCCLESKY SAID THAT THE DETECTIVE WENT ON TO TELLING HIM ALL THAT HE WANTED HIM TO SAY AND THAT ALL HE DID WAS SAY YEAH. I TOLD HIM THAT HE WAS JUST A FOOL, THAT IF I DIDN'T KILL A POLICE, I WOULDN'T SAY IT. MCCLESKY SAID THAT HE THOUGHT THAT HE WOULD HAVE A BETTER CHANCE IF HE WOULD GO AHEAD AND SAY IT THE WAY THEY WANTED HIM TO SAY IT, AND .GONE AND TELL HIS LAWYER ABOUT IT, AND SEE COULDN'T HIS LAWYER DO SOMETHING ABOUT THAT." MCCLESK SAID THAT THE LAWYER SAID THAT HE THOUGHT THAT HE COULD HANDLE IT, BECAUSE TH DIDN'T HAVE'NO SMART D. A.'S OVER THERE NO WAY. x%% MCCLESKY TOLD DUPREE AND TOLD ME LATER ON. THAT WHEN HE WAS GOINGTO ROB THAT HE WAS LOOKING FOR LIFE AND DEATH, THAT HE WOULD RATHER LIVE ALL HIS LIFE IN THE PENITENTARY THAN TO BE DEAD. THAT HE DIDN'T GIVE A DAMN IF IT HAD BEEN A DOZEN OF THEM SON OF A BITCHES THAT HE WOULD STILL HAVE TRIED TO SHOOT EIS WAY 1 i VE Rete, SATD THAT WHEN IT COME DOWN TC KILLING, THAT'S IT. DUPREE "vou DAMN SUR BELIEF AMD KNOWLEDGE AND HAS BEEN GIVEN FREELY AND AIR RA tl ors ge bs $ : \ 6 a Le Zl ML ry pT WITNESS : ea Tha bos, HiTHReL £5) ‘Neon es y i > / : Pr ea Ts al : 0 : i Frmimtieedaroirensn VICTIM SCHLATT. FRANK R. {(OFE.) Wem \7 | ch - PE eo CR a COMPLAINT # 463548 VLR az 0e 4 oF : ATLATTS SOREN 07 ~eLtor SERVICES DATE %-1-78 vie STATEMENT OF necrr qonr Fyang RACE i SEX DOB HOME ADDRESS APT CITY/STATE BUSINESS ADDRESS PHONES : BUSINESS / HOME DETAILS: | RIGHT. #%% 1 OVERHEARD MCCLESKY AND DUPREE TALKING ABOUT ANOTHER GUY WHO HAD BEEN ARRESTED. THEY CALLED HIM SNA OR SNR, I DON'T REMEMBER WHICH ONE. THEY WERE TRYING TO FIGURE OUT HOW THEY COULD GET TO HIM AND TALK TO HIM AND TELL HIM TO GET HIM SOME .WITNESSES AND NOT TO MAKE A DEAL WITH THE D. A. BECAUSE THEY NOT GOING TO DO NOTHING BUT TRICK HIM. ALL THE D. A. IS GOING TO DO IS TELL EIM WHAT HE GOING TO RECOMMEND AND SAY AFTER HE RECOMMEND, THE JUDGE NOT GOING TO GO ALONG WITH THE RECOMMENDATIONN. MCCLESKY AND DUPREE SAID THEY HOPED THAT THIS OTHER MAN NESS DON'T GET WEAK AND STICK TO HIS STATEMENT. THEY SAID THAT THE OTHER MAN HAD A BLATE IN HIS HEAD AND THEY WERE GOING TO TELL HIM THE REASON HE PLEAD GUILTY WAS BECAUSE HE DID NOT WANT TO GET BEAT BECAUSE OF THE PLATE IN KIS HEAD. MCCLESKY SAID THAT HIS LAWYER, JOHN TURNER TOLD HIM THAT THE D. A. WAS GOING TO TRY AND GET ONE OF THEM, © 7. 0) 2 TO TURN STATES' EVIDENCE SO HE WANTED TO GET IN TOUCH WITH THIS OTHER MAK SO HE WOULDN'T FALL FOR THIS. DUPREE SAID THEY DIDN'T THANK THEY COULD BE PUT IN THE PENITENTARY OFF OF WHAT (SEER SAID BECAUSE IF SHE KNOW TOO MUCH IT WOULD SHOW THAT SHE WAS ON THE SCENE, OR WAS A CONSPIRACY TO WHAT HAPPENED. DUPREE SAID THAT SESE TOLD HIS LAWYER THAT TEEY DID NOT HAVE NOTHING TO DO WITH I HAVE REXD/HAVE HAD READ TC ME/THE ABOVE STAT READ/HAVE HAD RE ATEMENT AND IT IS T E MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREZLY AND VOLUNTARILY 81 1. aiity aig Zz, nA, pe 7, fe STCRATORE 77 Wi TNESS / rs DATE ot Sm - nn Rs in eh : * ai VICTIM SCELA FRANK R. (OFf.) 1 < : ITH ESS 2 ; pr.” COMPLAINT # 463548 Vi. FM3IO0 SET ey ATLANTA BUREAU OF‘. OLICE SERVICES DATE CE TIME ? STATE! OFFIE GEN TAN [CHENT OF E EVANS RACE Ex DOB HOME ADDRESS APT CITY/STATE SUSINESS ADDRESS PHONES DETAILS: THE ROBBERY. THAT WAS THE FIRST LAWYER THAT DUPREE SAID. THE LAWYER SAID _. THAT HE COULD NOT TESTIFY UO THAT AND REPRESENT THEM TOO, SO HE WOULD JUST GET OFF THE CASE. SO THATS' WHAT HAPPENED TO THE FIRST LAWYER. x%* ONE DAY DUPREE TOLD MCCLESKY "YOU KNOW I ALWAYS BEEN DOING YOU RIGHT, BUI YOU PUT MY NAME IN THE CONFESSION AND YOU KNOW THEY COULDN'T IDENTIFY ME OR NOTHING. AND WHAT WOULD YOU THINK IF I JUST GO ON LATER AND COME OUT AND TELL THEM THAT YOU WERE THE TRIGGER MAN. THEN MCCLESKY TOLD DUPREE "YOU KNOW THAT I DIDN'T HAVE A CHOICE BUT TO PUT YOUR NAME IN IT, CAUSE (ERE TOLD THEM ALL OF OUR NAME ANYWAY." DUPREE SAID '@@XER HAD A BAD RECORD AND | WHEN SHE GET ON THE STAND, SHE GOING TO INDICATE HERSELF BEGAUSE SHE KNOWS TOO MUCH, THAT SHE WOULD HAVE TO BE IN ON IT TO KNOW THAT MUCK, THAT A MAN WOULDN'T GO AND TELL EER ALL OF WHAT SHE IS GOING TO TELL, IRE WAY SHE IS GOING TO TELL IT. MCCLESKY SAID THAT "WITNESSES CAN GET YOU IN THE PENITENTARY HIND WITNESSES CAN GET YOU OUT, CAUSE HE HAD THREE WHO WERE GOING TO TESTIFY WHERE HE WAS AT DURINGTHE TIME THAT THE ROBBERY HAPPENED. MCCLESKY TOLD DUPREE THAT ‘ISHED THAT HE KNOWED SOMEBODY IN THE STREET THAT HE COULD MAKE SOME ARRANGEMEX FOR @SNEPSTO COME TO COURT. THAT HE DIDN'T BELIEVE THAT SHE WAS COMING ANYWAY oy c 7 I HAVE READ/HAVE HAD READ TO ME/T : | h HAVE READ/HAYE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO THE BEST BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME oo OF SIGNATGRE <7 i Wi TNESS yi Wor fy ? Ci oo Lo brs DATE = / =e ; TIME \ -— _ — ; ~~ ! og “® Wivhzes { ii VA Lo pi ( ! 5 L : ai i = EL 1 VICTIM SCHLATT, FRAME R..(OFF, WITnEes pal oT COMPLAINT 6 SCHLATT, FRANK R. (Of 15378 = | 463548 AL ~~ > aK i. 0 deed MR o / ATLANTA BUREAU OF ¢OLICE SERVICES DATE So TIME & — >? ATEMENT OF Bo se EE RACE : SEX BOB HOME ADDRESS APT CITY/STATE BUSINESS ADDRESS PHONES | : ; : = BUSIHESS / HOWE GETAILS: x%%* DUPREE TOLD MCCLESKY "IT MIGHT HAVE BEEN A BETTER THANG IF BEN, HAD GON: ON AND — KILL YOU WHEN WE WAS OVER IN TECHWOOD. I ASKED MCCLESKY LATER ON WHAT DUPREE WAS TALKING ABOUT. AND HE SAID "YEAH ME AND BEN HAD A LITTLE RUN IN, I THANK sald WAS THE CAUSE OF BEN JUMPING ON ME " MCCLESKY SAID THAT HE WAS SAVING 6 F BENS' LIFE ¥AS WELL AS HE WAS SAVING HIS OWN. MCCLESKY SAID THAT BEN HAD JUMPED ~ON HIM ,THAT HE CAME UP TO HIM AND SNATCHED HIM OUT OF THE CAR AND TOLD HIM "MAN WHAT THE HELL YOU DO THAT FOR, DON'T YOU KNOW THAT YOU DONE GOT ALL OF US FUCKED UP CAUSE YOU SHOT THE GOT DAMN POLICE." *%** MCCLESKY SAID THAT WHEN THEY WENT TO THE PRELIMINARY HEARING THEY TALKED TO ’ nen E ? THE DUDE, «ge OR =. AND TOLD HIM NOT TO FALL FOR #6T OF THAT SEIT. 2 *%*THE FOLLOWING QUESTIONS ARE BEING ASKED OF MR. EVANS BY DET. W. HARRIS, - OF THE ATLANTA POLICE DEPARTMENT HOMICIDE SQUAD AND BEING WITNESSED BY M RUSS PARKER AND INV. GRADY ESKEW OF THE FULTON COUNTY DISTRICT ATTORNEYS OFFICE: QO: EARLIER IN YOUR STATEMENT YOU TOLD US ABOUT . LENGTHY CONVERSATIONS YOU HAD WITH WARREN MCCLESKY, HOW WERE YOU ABLE TO CARRY ON THESE CONVERSATIONS WITHOUT IEE a ABLE TO HEAR? HOW COULD YOU HEAR TEE CONVERSATIONS BETWEEN MCCLES! A: TE: ONLY WAY THAT DUPREE COULD HEAR US TALKING WAS THAT HE WOULD HAVE TO BE UP ! HAVE READ/HAVE HAD READ TO MS § 70 ME/THE ABOVE STATEMENT MY BELIEF AND KNOWLEDGE - I STATEMEKT AND IT IS TRUE TO ‘THE BEST OF OWLEDSE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME.. i — a . ff a Pad re ’ er - - J ’ , : . Yr STGAATURE/ / WITNESS [Ve Zs lm hol TA pore CA ATE mw sn ae Ios nH ne AR VICTIM SCHLATT, FRANK R. (OFF. WITNE At 8] / e he Rnzes AL TL fi COMPLAINT § 4625468 VIM - / ( x ATLANTA BUREAU 0F SOLICE SERVICES DATE §-.-78 TIRE : STATEMENT OF OFFIE GENE EVANS RACE SEX DOB HOME ADDRESS APT CITY/STATE BUSINESS ADDRESS PHONES DETAILS: | TO THE VENT CAUSE HE WAS OVER US, SO WE LAID DOWN ON THE FLOOR, MCCLESKY WAS ON THE FLOOR AND I WAS ON MY BED, AND WE TALKED AROUND THE BARS FROM THE FRONT PART — OF THE CELLS. THE BACK PART OF THE CELLS HAVE VENTS TO IT ABOUT 9 FEET HIGH AND fs Is A Tie RIGHT UNDER THE VENT. FOR MCCLESKY AND DUPREE TO UNDERSTAND ONE ANGTHER AND TALK TO ONE -ANOTHEREAAH ONE OF THEM WOULD HAVE TO STAND UP ON THE 503 AND TALK AND LISTEN. AND THEN I COULD STAND UP ON MY SINK IN MY CELL AND I COLL! HEAR EVERYTHING THEY SAY.. Q: DID YOU OVERHEAR MCCLESKY OR DUPREE SAY ANYTHING THAT WAS TAKEN IN THE ROBBERY OF THE FURNITURE STORE? A: MCCLESKY SAID THAT THEY GOT ABOUT $2,200.00 SOME OF THAT WAS CHECKS. AND THAT THEY WENT TO DUPREES' OLD LADYS' HOUSE AND SPLIT THE MONEY UP. AND HE SAID THA — 19) -— HE DIDN'T TEINK THAT @@® WAS SATISFIED BECAUSE SHE THOUGHT THAT IT WAS SUPPOCS TO BE MORE THAN THAT. Q3 OF THE PEOPLE MENTIONED IN YOUR STATEMENT, WHICH ONES DID YOU KNOW PRIOR TO BEING ARRESTED AND SENT T0 THE FULTON COUNTY JAIL? A: BEN WRIGHT AND BERNARD DUPREE ARE THE ONLY TWO THAT I KNOW. I DON'T KNOW MCCL. BUT I KNOW BEIM BY SIGHT BECAUSE HE PASSED MY CELL ONE DAY WHEN HE WAS TAKEN ove. TO TAKE A SHOWER | I HAVE REA 1 HAE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT | BELIEF AND KAGHLECGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY NE. © / HAY va ls =~ & Jin del ae YY "31 fem IN Eran) WIThESS LTT ppp Rid Sep VICTIM SCELATT, FRANK R. (OFF. Pe amr gon — ft ot = Wi THZSS Sol yy ET L : COMPLAINT §¢ 463548 VL¥ ris End Shed 0 5 : 5 PACE 31 or : *LLANTA BUREAU Oh .LzcE SERVICES DATE {3 TIME 1657 HRs’ STATEMENT oF OFFIE GENE rypn VANS RACE SEX DOB oe HOHE ADDRESS —___ crtvstane o = ~ SUSIKESS ADDRESS __PHONES / FOE Bo DETAILS: Q: IS THE ABOVE STATEMENT TRUTHFUL To THE BEST OF voup KNOWLEDGE AND GrvEy FREELY — WITHOUT ANY PROMISES RENDERED TOWARD You» A: YES. &— Le END OF STATEMENT NI Ren AND IT IS TRUE To mie BEST oF GIVEN FREZLY anp VOLUNTARILY BY ne. Sp, ¥ we Bol DATE =. ~~ INE Wily or] VICTIM RTL SB. OT Pe adil 0, Late CCHPLAINT ¢ £63548 vie FMIre EXHIBIT J s IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA STATE OF GEORGIA versus INDICTMENT NO. A-40553 ) ) ) ) WARREN MCCLESKY, et al ) MOTION FOR INFORMATION NECESSARY TO RECEIVE A FAIR TRIAL Now Comes the defendant in the above-stated case, without waiving formal arraignment and moves tha Court to raquire the State through the District Attorney of this Circuit to produce at the trial of the above-styled case, and at any and all non- jury hearings of the abova-styled case, the following documents, pictures and articles: -)l- Copies of all reports and memoranda connected with the said charge against the named defendant. -=De Al All written statements of witnessas in the poseession of the prosecutor relating to the charges against the named defendant in the above-styled case, as well as all statements relating to any other defendants in the above-styled case. -3= Names, addresses and telephone numbers and whereabouts of all witnesses to be called by the State in the trial of the naned defendant and any other defendants named in the above- styled case, OY Statements of all persons including memoranda, summaries or recordings of such statements of any person, made to any law enforcement officer or the investigative staff of any prosecutor in any way connected with the above-stylsd case. -5= All memoranda, documents and reports to all law enforcement officers connacted with subject matter of the indictment referre to above as well as the same of the investigative staff of all prosecutors. -le= Names and addresses of all persons who may have some knowled: or facts of the present case in addition to names and addresses given to the attorney for the named defendant. ey The criminal recoxds and any list or summary reflecting criminal records of all persons whom the State intends to call as a witness in the trial of tha named defendant. do All written or recorded statements and all summaries or memoranda of any oral or written statements made by the named defendant and all other defendants named in the above-styled case Ee Results of all reports of any scientific teats or axperiment or studies made in connaction with ths above-styled case and all copies of such reports. ~10- All racords of the Prosecutor showing or sending to sow how the persons named on the jury panels sent to the courtroom for the trial of this defendant hava voted in the past on criminal ar civil cases. Lim All diagrams, sketches and pictures which have been made by or shown to any witness or prospective witness in the above- styled case. -12- A detailed description of all physical items other than documents and pictures which the prosecutor anticipates using in the trial of the named defendant and the exact place where and under whose custody such items are being held. This motion is made under the authority of Brady v. Marylanc 373 U.S, 83, 10 L.Ed. 24 215, Giles v. Maryland, 386 U.S. 66, 17 L.Ed 24 737; and Williams v. Dutton, 400 F.2d 797 (5th Cir., 1968). In support of his motion, defendant states: The aforesaid documents are in the possession of the State ¢ are available to the District Attorney. All of said documents, pictures and articles are relevant, significant and constitute substantial material evidence and will be useful to and favorable to the namad defendant as evidence upon his trial, The named defendant cannot safely go to trial in this case without the production of said documents and in their absence will be denied due process of law as guaranteed by Article I, Section I, Paragraph III, of the Constitution of the State of Georgia (Ga. Code §2-103) and the Fourteenth Amendment to the Constitution of the United Statas. Without tha production of the documents referred above, the defendant's counsel will not be abla to effectively represent him in the above-styled case; and thus the defendant will be denied ithe right of counsel which is guaranteed to him under the provisio: of Article I, Section I, Paragraph V of the Georgia Constitution (Ga. Code $2-105) and the Sixth and Fourteenth Amendment to the United States Constitution. WHEREFORE, the defendant prays: (a) That the State ba required to produce all documents and other evidence referred to above. (b) Without waiving his right to have his counsel examine siad documents, pictures and articles, if the Court does not permi: this to be done, that tha Court conduct an in camera examination of said documents, pictures and articles and his counsel be permitted to sea and copy of reproduce any of said documents, picturas and articles favorable to the namad defendant as to the question of guilt or punishment or for the purpose of impeaching any of the witnesses to be called by the State in the trial of the named defendant. (c) That if any part of said documentary evidence isn't made available to the named defendant prior to the commencement of his trial, then without waiving his right to the production of said evidence prior to his trial, he respectfully moves the Court for an order directing the Distirct Attorney to produce all statements and other impeaching evidence of each witness testifying for the State at the conclusion of the direct examination of that partic- ular witness and in sufficient time so that said material will be available to counsel for defendant to use while cross—examining the particular witness. (d) without in any way waiving the right of this defendant to have his counsel examine said documents, pictures, and articles prior to trial and to have his counsel examine all of said documents relating to the impeachment of each witness before cross examining that particular witness, this defendant without waiving his right to hava said material produced earlier, moves the Court for an order directing the District Attorney to produce all such documents and evidence and to submit the same to his counsel at the close of the State's evidence. Respectfully submitted, SILVER, ZEVIN, SEWELL & TURNER JOON HM. TURNER, II Attorney for Defendant p o IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA STATE OF GEORGIA INDICTMENT NO. A-40553 versus WARREN MCCLESKY, et al MOTION FOR DISCLOSURE OF LIPEACHING INFORMATION The defendant respectfully moves this Court for entry of an order directing the State to investigate and disclose all of the following within the possession, custody, control, or the existence of which is known or by the exercise of due diligence could become known to the State. 1. Any and all consideration or promises of consideration given to or made on behalf of government witnesses. By *conside: ation”, defendant refers to absolutely anything of value or use, including but not limited to immunity grants, witness fees, spec ‘witness fees, transportation assistance, assistance to members © witness’ family or associates of witness, suslstance oF favorabl treatment with respect to any criminal, civil or administrative dispute with the State or the United States, and anything else which could arguably create an interest or bias in the witness _ in favor of the State or against the defense or acts as an induc nent to testify or to color testimony: 2. any and all prosecutions, investigations or possible prosecutions pending or which could be brought against the witn and any probationary, parole or deferred prosecution status of the witness; 3. Any and all records and information revealing felony convictions attributed to tnis witness. 4. Any and all records and information showing prior misc or bad acts committed by the witness. 5. Any and all personnel files for the witness. Respectfully submitted, SILVER, ZEVIN, SEWELL & TURNER JOBRN HM. TURNER, II Attorney for Defendant IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA STATE OF GEORGIA INDICTMENT NO. A-40553 versus ) ) ) ) WARREN MCCLESKY, et al : MOTION TO COMPEL DISCOVERY AND DISCLOSURE Now Comes the defendant in the above-stated case and moves the Court under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution for an order to compel disclosure of the following material which is in the custody and possassion of the Stata. -]- Any and all tape recordings and stenographic transcriptions of admissions, confessions and statements of the defendant given at any time or place to any officer of the Sheriff's Departmant, G.3.I., the District Attorney or any representative of the District Attorney's Office, or to any other law enforcement officaf or agent, -2- Any and all tangible objects, currency, weapons, books, papers and documents obtained from or belonging to the defendant. -Je- Any and all tangible objects, books, papaers and documents obtained from any other persons relating to the charges against the defendant. -f- The arrest record summaries prepared by the PBI and/or the GBI which is available to tha State on request for each and every of the Stata's witnesses. 5 The results and reports of any scientific or other tests, analyses, experiments or studies made in connection with the instant casa. -G=- All information of whatever form, source or nature, which tends to exculpate the defendant either through an indication of his innocence or through .the potential impeachment of any state witness, and all information of whatever form, source or nature which may lead to evidence which tends to exculpate the defendant whether by indicating his innocence or impeaching the credibility of any potential State's witness, and all information which may become of benefit to the defendant in preparing or presanting the merits of his defense of innocence at trial. The request includes all facts and information of whatever form, source or nature which the District Attorney or his assistants, the Sheriff Department, Police Department, the GBI, or any of thelr agents has or knows about, which is or may be calculated to become of benefit to the defendant either on the merits of the case or on the question of credibility of witnesgses. a The pre-trial discovery requested in the foregoing motion is essential to insure the defendant his right to a fair hearing, his right to confrontation, his right to prepare a defense in his own behalf, and his right to effective counsel and due process of law guaranteed by the United States Constitution as well as those rights guaranteed by the Constitution of the State of Georgi and all other rights not herein enumerated including rights provid by casa law. WHEREFORE, defendant prays: (a) That the District Attorney be ordered to produce all information described directly herein or described by implication and allow the defendant the right to examine, inspect, copy, and photograph such material and information at a specific time and place to be fixed by the Court, (b) That the time set for the inspection and copying of the information requested be made avialable to the defendant at a reasonable time in advance of trial. (c) That the Court enter an order requiring the District nd Attorney's office to make continuing disclosure of all matters requested herein up to and during the trial of the charges against the defendant. Respectfully submitted, SILVER, ZEVIN, SEWELL & TURNER JOHAN M.TURNER, II Attorney for Defendant EXHIBIT K ROBERT H. STROUP ATTORNEY AT LAW 141 WALTON STREET. N.W. ATLANTA, GEORGIA 30303 (404) 522-8500 June 1, 1987 COPY Chief Morris Redding Atlanta Bureau of Police Services 175 Decatur. St., S.E,. Atlanta, Georgia 30335 Dear Chief Redding: Pursuant to 0.C.G.A. §50-18-70, et seq., this is to request the opportunity to inspect and copy all records in the possession and/or control of the Atlanta Bureau of Police Services related to the investigation into the slaying of Officer Frank Schlatt in May, 1978. This request is designed to include not only all investigative files, but also all records in the Bureau's possession related to the prosecution of persons for that crime, in the event those records are maintained separate from the investigation files themselves. I would like to inspect those documents at the earliest possible time, but no later than June 8, 1987. I appreciate very much your cooperation in this matter. Very truly yours, Robert H. Stroup RHS/1 cc: Marva Jones Brooks, Esq. DELIVERY BY HAND EXHIBIT L CITY OF ATLANTA ANDREW YOUNG 1100 SOUTH TOWER MAYOR ONE CNN CENTER ATLANTA, GEORGIA 30303-2705 DEPARTMENT OF LAW 404 - 658-1150 MARVA JONES BROOKS City Attorney June 4, 1987 Mr, Robert H. Stroup Attorney at Law 141 Walton Street, N. W. Atlanta, Georgia 30303 RE: Your June 3, 1987 letter to City of Atlanta Police Chief Morris Redding Dear Bob: This is to confirm our conversation of this morning regarding the referenced letter, in which you request an oppor- tunity to review investigatory files on the slaying of Officer Frank Schlatt, pursuant to the Open Records Act, 0.C.G.A. §50-18-70 et. seq. As I stated this morning, the Supreme Court's ruling of yesterday, June 3, 1987 on the motion for reconsideration in Napper v. Georgia Television Company, et al., No. 44831 will have some impact upon your Open Records Act request. Accordingly, we have requested, and you have agreed to, an extension on the time for us to respond to your request. Thank you for your cooperation in this regard. I anticipate being able to begin reviewing the file tomorrow morning and hope to be able to formally respond to your request by Monday, June 8, 1987. Sincerely, 2 el Ue h “Nealon Vong Deborah Mclver Floyd Associate City Attorney DMF / sw cc: Marva Jones Brooks Chief Morris Redding Beverly Harvard Major Neikirk EXHIBIT M ROBERT H. STROUP ATTORNEY AT LAW 141 WALTON STREET, N.W. ATLANTA, GEORGIA 30303 (404) 522-8500 June 10, 1987 W. Roy Mays, III, Esq. City Attorney's Office 1100 Omni South Atlanta, Georgia 30303 Dear Roy: This will confirm our telephone conversation of this morning regarding my request to inspect the files related to the police investigation of the Officer Frank Schlatt killing. You advised me that the plaintiffs in Napper v. Georgia Television Co. have filed a petition for rehearing in the Georgia Supreme Court, and you wish to hold my request in abeyance pending a ruling from that Court. As a courtesy to me, in light of the severe time pressures I am under, you agreed to provide me with one memorandum which Debra Floyd happened to recall was in the file and fell 2 within the category of items which are the first priority of = my search. I understand that there may or may not be other such documents; this happened to be one which she ‘recalled without doing an exhaustive review. The memorandum you are providing will, I understand, have certain names deleted in accord with your understanding of current law. We agreed that my request to inspect the entire file remains pending before you; you advised that you would be back in touch after a ruling from the Georgia Supreme Court on the plaintiffs' motion for rehearing. Very truly yours, Boo teen Robert H. Stroup RHS/1 IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY Petitioner, vs. : HABEAS CORPUS : No. RT1VI02% RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. MOTION FOR ORDER TO PRESERVE ALL INVESTIGATIVE RECORDS, DOCUMENTS AND FILES Petitioner Warren McCleskey, by his undersigned counsel, moves this Court for an order instructing all relevant state, county, and municipal officials, including but not limited to, the Fulton County District Attorney, the Atlanta Bureau of Police Services and the Fulton County Jail, and all officers, employees or agents thereof, to preserve all police, prosecutorial, and jail records, documents and files, whether official or unofficial, pertaining to: (i) the 1978 Dixie Furniture Store robbery; (ii) the homicide of Officer Frank Schlatt; and (iii) all investigations and information concerning petitioner, Bernard Dupree, Office Gene Evans, and Ben Wright; and to make such records and documents available to petitioner during discovery in this action. Alternatively, petitioner moves this Court for an order instructing the said officials to preserve all such records, files and documents, files and documents, petitioner's discovery request, Dated: June 22, 1987 and to deliver immediately those records, including but not limited to those listed in into the custody of this Court. Respectfully submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 30303 JULIUS L. CHAMBERS JAMES M. NABRIT III JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By _PobaX A. Hy CERTIFICATE OF SERVICE I hereby certify that I am one of the counsel for petitioner Warren McCleskey in this action, and that I served the annexed document on respondent, by placing copies in the United States mail, first class mail, postage prepaid, addressed to his attorneys, as follows: Mary Beth Westmoreland, Esq. Assistant Attorney General 132 State Judical Building 40 Capitol Square S.W. Atlanta, Georgia 30334 vd Done this 22 day of June, 1987. Ten 2h ¥ ROBERT H. STROUP Attorney for Petitioner McCleskey IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY Petitioner, vs. : HABEAS CORPUS : No. ®1Viold RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. MOTION FOR DISCOVERY Petitioner Warren McCleskey, by his undersigned counsel, moves this Court, pursuant to 0.C.G.A. §§9-14-48(b) and 9-11- 30(a), for an order granting him leave to conduct the discovery indicated in the annexed notices of deposition. In support of this motion, petitioner submits the accompanying memorandum of law. Dated: June 22, 1987 Respectfully Submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 30303 JULIUS L. CHAMBERS JAMES M. NABRIT III JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By Rete tN. Fapun IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY, Petitioner, vs. : HABEAS CORPUS : NO. 1VIiol8 RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. NOTICE OF DEPOSITION TO: RALPH M. KEMP, Superintendent, Georgia Diagnostic & Classification Center Jackson, Georgia 30233 PLEASE TAKE NOTICE that, pursuant to 0.C.G.A.§§9-14-48(b) & 9-11-30(a), and the order of the Suprerior Court of Butts County, entered , 1987, petitioner Warren McCleskey, by his undersigned counsel, will take the depositions of the individuals listed in the annexed schedule of depositions, at the times indicated, before a notary public or other officer duly qualified to administer oaths, for purposes of discovery or use as evidence at trial, or both, The depositions will take place at the offices of Robert H. Stroup, 141 Walton Street, Atlanta, Georgia 30303. The depositions will continue from day to day until completed. You are invited to attend and cross-examine. Dated: June 22, 1987 Respectfully Submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 30303 JULIUS L. CHAMBERS JAMES M. NABRIT III JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By Reber XN. Xoup— Schedule A SCHEDULE OF DEPOSITIONS Deponents 3 One or more officials of the Atlanta Bureau of Police Services with knowledge of, and custody over, all investigative records and files related to the homicide of Officer Frank Schlatt, the armed robbery of the Dixie Furniture Store and/or the indictment of Warren McCleskey for armed robbery and murder in 1978. 2, One or more officials of the Office of the District Attorney with knowledge of, and custody over, all investigative records and files related to the homicide of Officer ~ Frank Schlatt, the armed robbery of the Dixie Furniture Store and/or the indictment of Warren McCleskey for armed robbery and murder in 1978. 3. One or more officials of the Fulton County Jail with knowledge of, and custody over, all records or files maintained by the Fulton County Jail that refer, relate or pertain to the incarceration of Warren McCleskey, Bernard Dupree, and Offie Gene Evans during 1978. 4. One or more officials of the Fulton County Jail with direct knowledge of all arrangements, understandings, conversations and/or other transactions respecting the incarceration of Offie Gene Evans in the Fulton County Jail from July 8, - August 14, 1978. Proposed Date July 6, 1987 9:00 A.M. July 6, 1987 10:00 A.M. July 6, 1987 11:00 A.M. July 6, 1987 12:00 P.M. Proposed Documents To Be Produced See Schedule B See Schedule C See Schedule D See Schedule D 30. 11. W. Roy Mays, III Assistant City Attorney 1110 Omni South Atlanta, Georgia 303083 Detective Welcome Harris, Jr. Atlanta Bureau of Police Services 175 Decatur Street, S.E. Atlanta, Georgia 30335 Detective W. K. Jowers, Atlanta Bureau of Police Services 175 Decatur Street, S.E. Atlanta, Georgia 30335 Detective Sidney Dorsey, Atlanta Bureau of Police Services 175 Decatur Street, S.E. Atlanta, Georgia 30335 Grady Eskew Fulton County Courthouse 136 Pryor Street Atlanta, Georgia 30303 Russell Parker, Esq. Fulton County Courthouse 136 Pryor Street Atlanta, Georgia Offie Gene Evans 897 Sells Avenue, Apt. 62 Atlanta, Georgia 30310 July 6, 1987 2:00 P.M. July 6, 1987 4:00 A.M. July 7,:.1987 9:00 A.M. July 7, 1987 11:30 A.M, July 7, 1987 2:00 P.M, July 7, 3987 4:30 P.M. July 8, 1987 9:00 A.M. See Schedules B,C,D See Schedule B,C See Schedule B,C See Schedule B,C See Schedule B.C.D See Schedule B,C,D See Schedule B,C.D Schedule B Schedule of Documents To Be Produced "Documents" shall mean all notes, calendars, diaries, logs, memoranda, letters, witness statements, transcripts, papers, files, records, reports or any other documents of any kind whatsoever, whether official or unofficial, or any copies thereof. # # * # * The deponent shall produce the following: 3. All documents which refer, reflect or relate to: a. any meeting, conversation or telephone call between Offie Gene Evans or his attorneys, and any official, employee, representative or agent of the State of GCeorgis, or any political subdivisions thereof, in 1978; b. (i) the murder of Officer Frank Schlatt; (ii) the investigation of Warren McCleskey's role in the Dixie Furniture Company and/or. the murder of Officer Schlatt; (iii) any witnesses to any oral or written statements made by Warren McCleskevy. 2. All tape, wire, or other mechanical recordings of any post-arrest statements by or involving Warren McCleskey, or any transcriptions thereof, or any evidence of any conversation between Warren McCleskey and Offie Evans or any officer, employee, representative or agent of the State of Georgia, or any political subdivision thereof. 3. All documents which refer, reflect or relate to any promise, offer, acceptance, agreement, or any understanding, whether formal or informal, bilateral or unilateral, executory or executed, between Offie Gene Evans and any officer, employee, representative or agent of the State of Georgia or any political subdivision thereof. Schedule C Schedule of Documents To Be Produced "Documents" shall mean all notes, calendars, diaries, logs, memoranda, letters, witness statements, transcripts, papers, files, records, reports or any other documents of any kind whatsoever, whether official or unofficial, or any copies thereof. * Ed * * * The deponent shall produce the following: 3. All documents which refer, reflect or relate to: a. any meeting, conversation or telephone call between Offie Gene Evans or his attorneys, and any official, employee, representative or agent of the State of Georgia, or any political subdivisions thereof, in 1978; D. (i) the murder of Officer Frank Schlatt; (ii) the investigation of Warren McCleskey's role in the Dixie Furniture Company and/or the murder of . Officer Schlatt; (iii) any witnesses to any oral or written statements made by Warren McCleskey. 2. All tape, wire, or other mechanical recordings of any post-arrest statements by or involving Warren McCleskey, or any transcriptions thereof, or any evidence of any conversation between Warren McCleskey and 0Offie Evans or any officer, employee, representative or agent of the State of Georgia, or any political subdivision thereof. 3. All documents which refer, reflect or relate to any promise, offer, acceptance, agreement, or any understanding, whether formal or informal, bilateral or unilateral, executory or executed, between Offie Gene Evans and any officer, emplovee, representative or agent of the State of Georgia or any political subdivision thereof. 4. All documents in the District Attorney's files which refer, relate or pertain to any effort to obtain, procure, direct or support the services of any informant or private agent in the investigation of Warren McCleskey's role in the armed robbery of the Dixie Furniture Store or the murder of Officer Schlatt. Schedule D Schedule of Documents To Be Produced "Documents" shall mean all notes, calendars, diaries, logs, memoranda, letters, witness statements, transcripts, papers, files, records, reports or any other documents of any kind whatsoever, whether official or unofficial, or any copies thereof. * * La * * The deponent shall produce all documents which refer, relate or pertain to the following: 3. All meetings or conversations between Offie Gene Evans, a prisoner held in the Fulton County Jail from July 7, 1978- August 14, 1978, and any official, employee, representative or agent of the Fulton County District Attorney's Office, the Atlanta Bureau of Police Services, the Fulton County Sheriff or the Fulton County Jail. 2. All telephone calls made by or on behalf of Offie Gene Evans from the Fulton County Jail between July 7, 1978 and August 14, 19178. 3. All wire, tape recorder, electronic intercept, or other remote listening devices of any sort that were installed or placed on, in or around Offie Evans, or on, in or around the cell either of Offie Evans or of Warren McCleskey or of Bernard Dupree at any time between May 31, 1978 and August 14, 1978, or any transcription thereof. CERTIFICATE OF SERVICE I hereby certify that I am one of the counsel for petitioner Warren McCleskey in this action, and that I served the annexed document on respondent, by placing copies in the United States mail, first class mail, postage prepaid, addressed to his attorneys, as follows: Mary Beth Westmoreland, Esq. Assistant Attorney General 132 State Judical Building 40 Capitol Sguare S.W. Atlanta, Georgia 30334 Done this 224 day of June, 1987. ROBERT H. STROUP Attorney for Petitioner McCleskey IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY, Petitioner, vs. : HABEAS CORPUS : No. BlViozd RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. MEMORANDUM OF LAW SUPPORTING PETITIONER'S MOTION FOR DISCOVERY ‘This Court should grant petitioner's motion for "the discovery indicated in the annexed notices Se apsewition. The Court's leave to conduct discovery is necessary only because petitioner is seeking, in good faith, to expedite this proceeding by taking depositions within thirty days of the service of a summons and complaint upon the defendant. 0.C.G.A. §§9-14-48(b) and 9-11-30(a), requires leave of court under such circumstances. After thirty days, discovery is permitted as of right. In his amendment to his habeas corpus petition, petitioner has alleged substantial constitutional claims based upon newly-discovered evidence. These claims allege that incriminating statements were deliberately elicited from petitioner by a state informant, while petitioner was incarcerated awaiting trial, in the absence of petitioner's counsel, thereby violating petitioner's Sixth 2 petitioner's Sixth Amendment right to counsel under Massiah v. United States, 377 U.S. 201 (1964) and United States v. Henrv 447 U.S. 264 (1980). In addition, petitioner has alleged that his due process right to a fair trial was violated by the prosecution's failure to correct misleading testimony elicited from its own witness during petitioner's trial. Petitioner has obtained from the state a previously-withheld document which substantiates these allegations. The purpose of the proposed discovery is to uncover additional evidence which has been heretofore withheld by the State. In Smith v. Zant, 250 Ga. 645, 301 S.FE. 24 32 (1983) the Georgia Supreme Court held that a claim, presented in a successive petition for a writ of habeas corpus, that the prosecution had permitted a witness to oiverntilending tastiveny, when supported by newly-discovered evidence, is one which "could not reasonably have been raised in the original ... petition," under 0.C.G.A.§9-14-51. The Court in Smith noted that when the new evidence shows "a serious constitutional issue of prosecutorial misconduct," 301 S.E. 2d at 36, and when "the truth or falsity of [its witness'] testimony is peculiarly within the knowledge of the State and the State is under a duty to reveal false testimony," 301 S.E.2d at 37, a petitioner is entitled to a hearing on the merits of his false testimony claim. Smith controls this Court's decision to entertain petitioner's constitutional claims in his successive petition. Since these claims must be adjudicated on the merits, petitioner is entitled to the benefit of discovery, between the State and informant Offie Gene Evans and to uncover 3 to clarify in full the relationship all evidence previously withheld by the State. Accordingly, granted. Dated: June 22, 1987 petitioner's motion for discovery should be Respectfully submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 30303 JULIUS L. CHAMBERS JAMES M. NABRIT III JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By Robert AL noun CERTIFICATE OF SERVICE I hereby certify that I am one of the counsel for petitioner Warren McCleskey in this action, and that I served the annexed document on respondent, by placing copies in the United States mail, first class mail, postage prepaid, addressed to his attorneys, as follows: Mary Beth Westmoreland, Esq. Assistant Attorney General 132 State Judical Building 40 Capitol Square S.W. Atlanta, Georgia 30334 Done this Zs day of June, 1987. — Reba’ A. Hen ROBERT H. STROUP Attorney for Petitioner McCleskey IN THE SUPERIOR COURT OF BUTTS COUNTY STATE OF GEORGIA WARREN McCLESKEY, Petitioner, VS. : HABEAS CORPUS . NO. & TViolg RALPH M. KEMP, Superintendent Georgia Diagnostic and Classification Center, Respondent. PETITIONER'S NOTICE OF INTENT TO INTRODUCE AFFIDAVITS Petitioner Warren McCleskey, by his undersigned counsel, serves this notice, pursuant to 0.C.G.A. § 9-14-48(c), of his intent to introduce into evidence the sworn affidavits annexed as Exhibits/Appendices D, E, F and G to his petition for a writ of habeas corpus, filed June 9, 1987, as well as Exhibit I of his First Amendment to the Petition, to be filed on June 22, 1987. Dated: June 22, 1987 Respectfully Submitted, ROBERT H. STROUP 141 Walton Street Atlanta, Georgia 30303 JULIUS L. CHAMBERS JAMES M. NABRIT III JOHN CHARLES BOGER 99 Hudson Street New York, New York 10013 ATTORNEY FOR THE PETITIONER By (Cole XT MN Howe CERTIFICATE OF SERVICE I hereby certify that I am one of the counsel for petitioner Warren McCleskey in this action, and that I served the annexed document on respondent, by placing copies in the United States mail, first class mail, postage prepaid, addressed to his attorneys, as follows: Mary Beth Westmoreland, Esq. Assistant Attorney General 132 State Judical Building 40 Capitol Square S.W. Atlanta, Georgia 30334 Done this 22% aay of June, 1987. Rotent XN . Kdean ROBERT H. STROUP J Attorney for Petitioner McCleskey