General Legal Files (Signed)

    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 

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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; 

  

  

      

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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. © 
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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.. 

  

  
  

  

  
  

  
  

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pigss Al de Toth COMPLAINT § 463548 

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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 
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COMPLAINT ¢ : 635480 

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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 

  

    

  
  

  

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HITHESS &. 2, : 
COMPLAINT # 463548 IR 

  
  

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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. = 

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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 

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HITUESS: se DT ine” COMPLAINT § . 443548 © VIV   

  

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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 
  

  

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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   
  

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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 
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A020 VICTIM SCELATT. n FRAIR. 2... (OFT 

WiTHESS =r od TU ie of 
~ Se : —rte COMPLAINT # LE&3548 VLW 
  

  

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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 
  

  

  

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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 
  

  

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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 
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DATE = / 
  

  

  
  

  
  

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TIME 

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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 
~~ 

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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 
  

  

 



  

- 

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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¥ 

  
  

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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 

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VICTIM RTL SB. OT Pe 

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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