Attorney's Working Files - Transcript Excerpts
Working File
August 18, 1978 - June 17, 1988
144 pages
Cite this item
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Case Files, McCleskey Background Materials. Attorney's Working Files - Transcript Excerpts, 1978. 0c1a54ca-61a7-ef11-8a69-6045bdd667da. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d6e8844a-0a93-4814-8349-d311d297463d/attorneys-working-files-transcript-excerpts. Accessed May 21, 2025.
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» ¥R, PARKER: May this witness be excused?
MR, TURRER: Yes, sir, he m8Y.e
THE COURT: Call your next witness,
Call Offie Cene Evans, MK, PARKER:
OFF1E GEEE EVANS,
first duly sworn, was examined and testified as
#
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DIRECT EXAMINATION
1% FAR “3
Fallin}
Sir, would you give us your name?
rE £5 FS. ge bon a
Vid a0 ULE VANE,
BE ww TT) te. g $a gon mr op = 5 on gS Y gar § wu 2% & a 3 ai
Cri. » Vans; where are You FES" Ang afl Lhe 6] 4
Gut at the Atlanta Federal Penitentiary.
and how long have you been there, sir?
" ni am wide gs ps Za Rf Ter wn
de OL sentence are you gerving
Sir? 3
3 E1X years, ;
follows:
Fd
Q
correct?
A
Q
for burglary
A
C
out of that?
©
Po
0
Twelve months, : . ge 2
Obviously then that was a Federal sentence, ig that
That's right,
Sir, were you convicted back in 1%53 in Fulton County
?
Yeah,
DO you recall getting a three to Give yeer sentence
That's right.
Sir, do you recall getting convicted for larceny from
Fulton County in 1855?
Right.
Do you remember getting a twleve month sentence out
L¥ 4 . 4 pu
ICE, &£1T,
Sir, do you remember getting convicted in Fulton
5 LE Fray NR TT Ta gee METI Es i gad a 5 Pura 3 pe) RYPRT A Pe Bm ob Lor carrying a concealed weapon and carrying a
Yes, sir,
Do you know what type of sentence you got on that?
In jail?
itl
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Yes, 3 ire. ’ + = ! ar x < f
Bir, do you remember getting convicted for burglary
in 1861 in Fulton County?
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Yeah,
Dld you get probation on that?
Yeah,
Did your probation =~ was vour probation revoked
sometime later?
*
Fg
ry
and forgery
A,
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ko, Bir, it wasn't revoked,
Lo you also remember getting convigited for burlary
in Fulton County in 1962?
Ieah.
Did you get convicted for theft from the United
in Atlante in 19677
ies, Sir.
How, during July of 1878, where were you, sir?
Cut to the Fulton County Jail,
End what were you doing out there, sir?
I had en incident at the Halfway House,
Po
n ~ “/
1 was at the Halfway Bouse and I had an incident
out there and they tock me out to the jail,
LO
House?
-
The Halfway House, is that the Pederal Balfway
Yes, Bir, !
Were you charged with escape?
Were you charged with escape?
wh 67
A Yes, sir.
C And were you later arrested?
A Yes, Sir.
Q And is that when you were taken to the Fulton County
Jail?
A That's right.
for testifyi
Q Mr. Evans, have I promised you anything
today? id
A no, sir, you ain't.
an escape charge still pending, is that
You do have
correct?
A Yes, sir. I've got one, but really it ain't no
escape, what the peoples out there tell me, DeECause something
went wrong out there so I just went nome. 1 stayed at home and
when I called the man and told him hat I woulé be & little late
coming in, he placed me On escape charae and told me there
3 oe Sr te OF 3% sn, Po - ey £5 Be
ust E rayec Oh at HONE
wasn't no use of me coming back, and 1 Just
and he come and picked me Up.
1S Are you hoping that perhaps you on't be p
for that escape?
A Yeah, I hope I don't, but I don't =~ what they tell
| 23
- me, they ain't going to cha rge me with escape ho Way,
"-¢g _ Have you asked me to try to £ix it so you wouldn't
Ged
wl
a ad
6 e “3 with escape? >
& — Ho, sir. Se
r
R
e
e
notice anyone in the cell next to you?
2
Have I told you I would try to fix it for you?
ko, sir.
How, while you were at the Fulton County Jail did you
Yes, 81r.
Did you ever see that person?
Yes, sir, I have seen him.
. 4 bo you see him in the courtroom today?
Yes, sir.
here is he sitting?
Right there,
What is he wearing?
A white shi re.
Do you know his name?
All right, sir, Wow, did you ever carry on any
conversations with his?
Fo Yeg, sir.
HOw about any other individual
Carry on other conversations?
Yeah, with Bernard Dupree,
Do you know him personally?
Yes, sir,
And where was he?
Be was upstairs, in the cell
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in that area, did you
il
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right up above me,
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0 All right, sir, Now, did you ever enter into
conversation with Hr, McClesky as to who shot a police officer?
A Yes, gir.
0 and did McClesky ever tell you anything?
A Yes, sir.
C what ¢id he tell you?
A We talked around there about two gr three days and
we got into & conversation about Ben, and so he == of course, 1
told hin thet I knowed Een real good, and that we used to be
together & lot, and I told him that I had been seeing Ben since
that robbery, but I hadn't seen him, you know, BC we kept on
talking, and so we just kept talking until be started talking
about how the robbery went down and how it was, and he teld ne,
said he went in and checked the place out a few days before they
robbed it, but then they went back toc rob it.
O E13 he say anything about who shot the officer?
& He said he wag in there when the police come in, but
like the police wasn't expecting no robber, but said after
seen the police come in and he was heading towards the other
three, what was in the court == I mean in the place taking the
robbery off, he sald that he couldn't stand to see him go down
there, and I think the police looked around and seen him and
he said, "Balt,” or something, and he had to =~ it was him or
them one, and said that hie had to shoot.
Q Did you all ever have any conversation about any
i Tle CL wB70e
make~up kit?
A Yeah,
Q Could you tell us about that?
A Yeah, Be said that when he first went there, he
went in just his regular disguise, He said when he went back to
take the robbery off he had been made up kind of slightly with
a make-up kit,
¢ ~~ bid he tell you who did that? *
A He sald Mary did.
® Cid he tell you who Mary was?
A Ben's gird friend,
& Did you and Kr. Kcllesky have any conversation about
Ben Wright getting killed?
A Yeah, he said him and Dupree was talking and he said
if Ben got killed that would be pretty good, 1t would be more
lighter on them,
& Did you have any conversations with Ar. EcClesky
about other officers that might have been there?
A Yeah, He sald it would have been the same thing
if it had been a dozen of them, he would have had to try to
shoot his way out,
MR, PARKER: Your witness, ;
- CROSE~-EXAM INATION
BY MR. TURNER: - — : A
(
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& How many years have you spent in jail all total?
5
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A I don't exactly know,
¢ It's been that long?
. 5 ye TOPE SE ET .e ’ FA Hela I What kind of b rglary
Sy F& ayant ¥ 1 'y IS X = fv V4 never AIS Te Lilriereéent £1ni., 4 All LL never gia ne
& well, I wouldn't say it, because 1 haven
-
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£
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it was, see, it vas a
ind of buraclarv whare it Kin CL Lurglary where 1it
caused nobody to get in trouble or nothing like that, you can
¥ 3 } 2 - ’ -, % Lith # 4 i ; # BIIVYWEY , i told what I knowed about the bDurglaries
5 1 of ¢t P TT 4 nid rermis t mi 3 PecH in 24 ££ mynsmryd 2 4 J FER, Riles Qi d i Lilie al Gall L SOLAN Vo oLadllge Oil ie€TeO0 431 4 LGOniE
0 wy did you inform on what
Lig >] Pa. ® 3 & x 2 % - A she deputy out there heard
5 Which deputy? -
A I don't know his name, but
the way he spoke to me, he knowed that
Ben in the street since that come off,
14 The deputy approached you,
you overheard?
us talking,
U
N
E
I know him if “I seen him,
I had been messing with
80 that's why 1 did that,
is that right?
A The deputy heard me talking, heard us talking about
Q What did he hear you ell saying
A wnat I just got through talking about, just a whole
8, wags that the deputy who just walked out of here? i _-
A No, it wasn't him, but he probably heard something
Bb
i Bow, what day was this conversation made toc you on?
pe
Fs Around the =~ around the Eth or the Sth of the month »
of Janusry -- I mean Jul py *
y yg =r Rlrmes EFFI , 8 E 3 PS LM TY ; T = . mg TRE af . § ey 3 7 Le VEAY . HOW, YOU ail Were In s0lliter Vs wT EN t Your
Ie ory MEN . : rats re wir bm Y f 3 0 year”) C wnat were you doing in solitary?
Fy 1 was put in there when I first cane from the street,
4 KOow, GO you know how long Mr. HceClesky had been in
sclitery confinement?
k He gaid he had been in there about a month or going
-
on two menths.,.
of : Q Tell us about solitary confinement; what is that like?
2 - ~~ THE COURT: You mean at the Fulton County Jail?
= Q (By Mr. Turner) At the Fulton County Jail?
La A Just single cells side by side,
g Describe the cells, i
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About five feet wide and eight feet long.
iow many people to each cell?
Open on the front. One to each cell.
What kind of privileges do you have in solitary?
You don't have no kind of privileges in there, no
wore than you can just talk to one another.
One
A
Li
You all talk & lot in solitary, don't you?
Yeah .
Talk about everything, don't you?
Yeah, we talk about guite a few thing
I mear
£7
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n, what else is there tc 407?
% #2 fe Bo - r aot » 3 a cy, > $2 1G - p Loe om in TIE es M | on Ba
Both Lng but tel KAN y OL youd Just AOL ¥ cur mouth shu
You dou one or the other, right?
Yealie
You say you know #¥r, Ben Wright, is that correct?
where
to with hi
I know
Po re
GO YOu re
ro
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g
wh
yy
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ed Ben from the penitentiary and in the street
as far as seeing him, pot to run with him or nothing like that.
You ne
EO,
What about
ver committed any robberies with him? i
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urglaries?
Ho, I e2in't never &id nothing with him. 5
~874 a
ow hip from; what does your realtionship
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= SET
But you are just good friends?
Yeah, we are.
buddies?
Were vou all running
Me and hin were just what you cell walking partners
e. As far a5 running in the street =--
hat is & walking parther?
Just people that be together.
&
Ail the time:
Ho, not all the tire,
HOW Buch:
I1'¢ say ebout eight hours & day, something ii}
What?
Apout eight hours 2 day on the working =--
about eight hours & day you &ll would spend with
1s thetl whal YOU &T€ Gaving?
dE&ELi.
now long did you spend eight hours e& day with
nile you ell were in Reldsvilile?
poOUut three vears,
SO vou got & chance to know Hr. Ben Wright qui
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ry I wouldn't call that no friend. =
wife PoP
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eicht hours a day for three years and you
2
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be
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conversations
That's all he said about ft, .
are not friends?
A You got to do it with somebody,
with everybody.
”~
You
be with somebody all the
\* LF J vou say Mr, McClesky told you
Yeah,
few days before?
that he had
Are you sure about thet?
how, wihiere was My
were going On?
Fu
8
bupree while these
i don't know, because I couldn't
YF » -
. Bee him, he was
Bow, how many days did he say he had checked
before?
A I don't know, he didn't say exactly.
$ But you are positive that is what he said te you?
Yeah.
BO aoubt?
That's right.
OF ay, Bow, tell me about the make-up kit,
I just told you what he said about the make-up kit.
_ Tell me again, ;
can't be
You know bow the penitentiary is, you have to
time,
How
cut the
friends
checked
i ;
A Be said when he went in and checked it cut he was
in his regular disguise, that when he went back that is when he
had done had 2 sketch with a make-up kit.
Q When he went back, When did he say he went back?
A Oh, when the robbery come off,
Q Sc on the day of the robbery he wae made up?
kb That's what he told me, Whether be was telling the
truth or what, that's what he is saying.
G Are you saying he was lying toc you, now?
A I don't know what he was doing, I am telling you what
& He said Mary Jenkins mede hin up, is that right?
& Yeali.
& Bow did he say he was made up? :
FS Said he had pimples in bis face kind of like he had
burps in 1t.,
% Tell me about that,
F I sust told vou,
Q Did he describe what else he had on?
A Said he had a scar fixed, 1 think he had & scar on
K
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3 VE anything else
No, nothing about that. ;
What about glasses?
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Ho, he didn't say nothing about no glasses,
What about a hat?
Buh=uh [negativel.
When did he say Mary Jenkins made him up?
He didn't say when, but I guess it was the same day
when the robbery come off,
| &
lighter, how
ki
8
A
-= Dupree sa
© kill him,
nore better
&
shovld kill
Kill him?
A
ORéaye. You didn't ask h
nuh=-uh [negative].
What?
NO»
Okay. Kow, what about
Gia thet come about?
Him and bupree was talk
What else Gld they say?
He Just said it would Dg == he seid that he believed
id be believed that when they cetch Ben they was going
and he said that if they do that, it will be & lit
On us 1f they would,
in other words, they weren't suggesting that they
hig then, is that it?
Whoever run down on his
who ; WEB
Wasn't nobody looking for him but the police, wa
Now, what is this about
wht we
going to run down on him?
in when?
it would b if Ben got killed
ing about it.
saying shoeld
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shooting his way out?
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A He said he didn't have no other choice, he would
lave had to shoot his way out if it had been 2 dozen of them.
GQ tow, you say the deputy overheard this, right?
A He heard us talking about it and everybody in jail
knowed about Ben, so that is how it come about, and that is why
1 am here richt now,
Q Okay. 50 the deputy came up to you and said he
wanted you to tell what you all were -- did he ask you =—-
A Yeah, he asked me what did I know about it, about
what was going on, said it sounded like a conspiracy.
¢ What did you tell hin?
7 r~ od br 4 vor si m . wv 7 i » yi r 4 -_ § ye LW am § on T4 A & 1 toad Lim whet we was talki no about. ne said did
4 % Bf ea wo 3 EX nes 3 7 2 Ae pry 11 J #2 v . FT 3 Sn. gin wom , 2 » “3b 5 a I went hin to call Homicide, would I tell them thet. I said
Q What were you expecting to get out of that?
k Just like that I ha¢ been talking to Ben and some-
thing like that.
0 Had they considered you as & suspect in thie?
A It gould have been led me to one,
¢, What would have led to you being & suspect?
A Laying around talking with a man about something or
other that went down like that. i
Q iow would that make you a suspect? :
3 A It could make me a conspirator, couldn't it?
So in short, you were interested in covering up your
Y
end,
tc me,
difference, and whether
& that right?
Yeah, you can say that,
1
»
Have you seen Mr. Wright out at the Pulton Count
wouldn't have any hassle in this, 1s that right?
I ar telling you what I know, I ain't got no pity for nobody on
i ax telling you straight what I heard, but
¢ you would not like to help your fri
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1 ar just =~ whoever it helps or whoever it harms,
ing Ben, it don't make no
Bow good a friend are you == do you know berry
Ko, I don't know her,
Woulé you like to help Kr. wright?
So
Yo
‘Like 1 said, I arm telling it straight, whoever it
nothing like that,
it don't help nobody, it don't make no difference
helps, it belps; whoever it harms, it harms.
own rear end
Qe
as far as help
Jenkins?
Q And Mr, Wright hadn't been Captured then, or do you know?
A I don't think he had,
G Bave you communicated with him?
A NO,
Q Okay, Bow, were you attenpting to ge #t your escape Charges altered or at least worked out, were you &xpecting your testimony to be helpful in that?
A I wasn't Worrying about the escape charge, I wouldn't have needed this for that Charge, there wasn't no escape charge, 8; You had left without Permission =
A Yeah.
Sanat od in that escape?
But you don't know how it went down, but I dG, and
& Those charces are still Pending against you, aren't they?
3
# Yeah ’ the charge is pending against Be, but I ain't been before no Grand Jury or nothing like that, not yet,
RQ All of that comes after this Case, is that right? iE A _
months and I ain't heard nothing trom it yet.
Q How,
t want to get prosecuted for that, right? - fa
2 hl Ho, I doen't want to get prosecuted for ie,
YOU 28Y that you don't wans p
If they Prosecute, it do, because it's been four he
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- MR. TURNER:
Bo further questions,
I have nothing further,
THE COURT: You may be excused,
wo. pp
MX. PARKERS
he hasn't arrived yet, and then I will rest,
Your Honor, I have one witness, but
He is coming
from Powder Springs 80 it may be some time,
THE COURT: Do you have any idea how long it will
be before he gets here? &
0 2 WED
MR, FARKER: Well, he has been on the way apparently
thirty minutes, but he has to get somebody to keep the
store for him.
THE COURT: well, I believe == do you have any more
evidence after that?
Ho, Bir, Your Honor,
THE COURT: All right. let's take a brief recess,
ladies and gentlemen, and not go to lunch quite yet so if
the witness gets here we can be sure to get him on and then
we can go to lunch.
(Whereupon, the jury retired from the courtroom, and
& Short recess vas Lad.)
THE COURT: All right, gentlemen, are you ready to
proceed?
MR. TURNER; Your Honor, before the jury comes in, I
¥
would have a motion to make on the next witness. As I
understand the next witness, it will be the proprietor, or
wl Bi J-
STATE OF GEORGIA
COUNTY OF FULTON
I MARTHA NOLAN Deputy Clerk of
the Superior Court of Fulton County, Georgia, do hereby certify
that the within and foregoing is a true and correct copy of
Deposition of OFFIE GENE EVANS, pursuant to notice,
before Sharon L. Ashford, Certified Court Reporter
and Notary Public, at Gwinnett County Correctional
Institute, Lawrenceville, Georgia, commencing at
the hour of 11:20 a.m. on October 26, 1231.
all of which appears of file and record in this Office.
Given under my hand and seal of Office.
This the 16thday of October, 1984
DEPUTY CLERK, SUPERIOR COURT
FULTON COUNTY, GEORGIA
R1R-N3S=1RS
es So CYS Oy
Ve WR)
UR Sankt
i
—riiy
Pas -
IN THE UNITED STATES
FOR THE NORTHERN
DISTRICT
DISTRICT OF
COURT
GEORGIA
ATLANTA DIVISION
BERMARD DEFREE
FETITIONER,
~~ —
LANTON NEWSOME
MICHAEL A. BOWERS
T
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RESFONDIENT .
TESTIMONY OF LILYRSER
EXCERPT OF TRANSCRIPT
BEFORE THE HONORABLE ROBERT L. VINING,
AFFPEARANCED:
FoR THE MOVANT:
FOR THE RESPONDENT:
COURT REPORTER:
75
ATL
PHONE 2
OOCEET NOG,
ATLANTA,
SEFTEMRER =,
CORRINE M.
MARY
FIMBERLY C.
OFFICIAL
WORTHY
oF TRIAL
JR. RISTRICT
SPRING
ANTA. GEORGIA
AR 3725
1: 858-CY-J3733-Rl.V
GEORGIA
178
MHL ~-MILETEEN
BETH WESTMORELAND
ERAMLETT
COURT REFORTER
a5Ter 5.
o Lay
JUDGE.
W.
i
10
po
R (ATLANTA, FULTON COUNTY. GEORGIA SEPTEMBER SZ. 128% 2?
IN OFEN COURT.)
Mz. MULL: YOUR HONOR, IT IS MY UNDERSTANDING THAT
THE COURT WISHES TO HEAR FROM ULYSSES WORTHY DESFITE THE
ESTOFFEL MOTION.
THE "COURT YES. 31 GUESS YOU BETTER PUT HIM UF.
MZ. WESTMORELAND: IF. IT MIGHT: BEFORE WE GET TOO FAR
I WANT TO STATE FOR THE RECORD. AT ME. MULLS REQUEST I TRIED
TO CONTACT MR. PARKER AT OUR BREAK. SHE WANTS TO CALL HIM FOR
CROSS FOR FART OF HER CASE. I COM NOT GET THROUGH TO HIM.
I] HAVE IRVOFFICE TRYING TO SEE IF HE MIGHT BE WHERE HE TAN
COME. THIS AFTERNOON. IF NOT, MY SUGREZTION IZ 1 CALL THE
POLICE OFFICERS OVER LUNCH. HAVE THEM HERE FOR THIS AFTERNOON
AND ALLOW MS. MULL TO CALL MR. FARKER OUT OF SEQUENCE. I
ODAaN“T HAVE ANY FROBLEM WITH THAT IF THE COURT DOESNT.
THE COURT: WE CAN PUT HIM UF ANY WAY YOU WANT TO.
IT-DOESN"T MATTER TO ME.
Mo. Mal: I WANT TO BE SURE FOR THE RECORD THAT ON
BEHALF OF MR. DEFREE WE DO OBJECT TO GOING FORWARD —— TO
PUTTING LIP MR. WORTHY. NOT ONLY BECAUSE OF THE ESTOPFPEL.. I5SLE
BUT YOUR HONOR HAD RULED WITH REGARD TO IT THE REASON WE WERE
GOING TO GO THROUGH WITH THIS WAZ BECAUSE MR. EVANS HAD TO BE
HEARD FROM AND MR. EVANS NOT BEING AVATLARLE. WE WOLD SUBMIT
—
—
MR. WORTHY "SS TESTIMONY ON THE RECORD AZ IT IS ON THE MOCLESKEY
CASE IS AMPLE AND SUFFICIENT. BUT I UNDERSTAND YOU WISH TO —-
THE COURTS: NO. I SAID IF YOU WANT TO PUT HIM UP,
YO CAN PUT HIM UF. I DON'T CARE. I DONT HAVE ANY
FREFERENCE ONE WAY OR THE OTHER. IT 8 NOT MY CATE. I AM
GOING TO HEAR WHAT YOU HAVE GOT AND GO FROM THERE.
MZ. MULL: WE ARE AMPLY SATISFIED ON BEHALF OF MR.
NEFREE.
THE COURT: I AM TOO THEN.
MZ. MULL: MARY BETH AND MY UNDERSTANDING WAZ IF WE
COULD NOT AGREE AS TO WHAT WOULD BE ACCEFTEDR ON THE RECORD,
THEN WE WOLD HAVE TO FUT THE PERSONS UP LIVE. THAT THAT IS
WHAT THE COURT WISHED.
THE COURT: NO. IF YOURE SATISFIED WITH WHAT IS IN
THE RECORD FROM MCCLESKEY THATS ENOUGH FOR ME.
MZ. WESTMORELAND: I WOHHD LIKE TO CALL MR. WORTHY
FOR CROSS-EXAMINATIONS NOT FOR AN EXTENSIVE ONE. I CERTAINLY
DONT WANT TO BELAROR THE FOINT AND REHASH EVERYTHING THAT WAS
COVERED IN MR. MOOLESKEY. I UNDERSTAND HE IS HERE ON MZ.
MULLS SUBPOENA. BUT I WOULD ASK WE CAN EITHER GO AHEAD AND
CALL HIM NOW OR WHATEVER THE COURT WISHES. BUT I WOLD LIKE TO
HAVE HIM TESTIFY LIVE BEFORE THE COURT.
THE COURT: OKAY.
Mz. MULL: YOUR HONOR. AS 1 SAY. WE OBJECT ON THE
GROUNDS ~~ ON THE ESTOPPEL GROUNDS WE PREVIOUSLY SET FORWARL.
4
1 AT THIS POINT I WOULD JUST GO AHEAD AND LET —-— I WOULD ASE
- THAT THE DIRECT OF MR. WORTHY AZ IT AFFEARES IN THE MCCLESEEY
3 RECORD BE ACCEPTED AND IF ME. WESTMORELAND WOULD LIFE TO CALL
4 HIM ON CROSS AND I WILL TAKE HIM ON REDIRECT. THATS FINE.
= ANDO THEN AS TO MR. FAREER WE WOULD CONTINUE WHEN HE
& IS AVAILABLE. I WILL GO AHEAD AND YIELD TO Ms. WESTMORELAND
7 TO GO AHEAD AND FUT ON HER CASE.
= THE COURT: YOU CAN PUT UP PAREER.
2 MZ. WESTMORELAND: THAT ZS FINE. YOUR HONOR. WE WILL
10 TRY AGAIN TO CONTACT OTHER FOLES.
13 I WOULD STATE FOR THE RECORD MR. MCOCMICHAEL I MARKING
17 ONE MORE ATTEMPT TO FIND MR. EVANS. HE HAS LOOKED ONE FLACE
( i= AND WILL GO BACK AND TRY AGAIN. SO I AM EEEPING THE COURT
14 LIFDATED AS BEST I CAN.
15 IN THAT CASE I WILL GO AHEAD AND CALL MR. WORTHY FOR
14 PURFOSES OF CROSS-EXAMINAT ION.
17 THE CLERE: RAISE YOUR RIGHT HAND. FLEASE. DQ youl
1a SOLEMNLY SWEAR THE EVIDENCE YOu@ SHALL GIVE IN THE MATTER NOW
1% FENDING BEFORE THIS COURT SHALL BE THE TRUTH. THE WHOLE TRUTH.
20 AND NOTHING BUT THE TRUTH, SO HELP YOU GODey
a1 THE WITNESS: 1 Jn.
Hl THE CLERK: HAVE A SEAT IN THE WITNESS ROX AND STATE
aa YOLIR FLILL NAME FOR THE RECORI.
24 THE WITNESS: AN YEEES WORTHY.
1 td. YES. 2 E 2: WORT HuY
2 CALLED AZ A WITNESS ON REHALF OF THE RESPONDENT. BEING FIRST
= DULY SWORN, TESTIFIED AZ FOLLOWS:
4 CROSS-EXAMINAT ION
= RY MZ. WESTMORELAND:
& Ci. WOULD YOu SFELL YOUR FIRST NAME FOR THE RECORDY
7 A. i a ei me
ol 1. MR. WORTHY, YOU! PREVIOUSLY TESTIFIED REFORE JUDGE
Ed FORRESTER INVOLVING THE CASE OF WARREN MCCLEZEEYTY
10 A. YES. ToD.
13 1. AND THAT WAS BACK IN 1987. I BELIEVES IZ THAT CORRECT?
12 A. XBR
12 1. AND SINCE YOU TESTIFIED IN THAT PROCEEDING HAVE YOU HAD
14 OCCASION TO TALK TO ANYONE FROM THE ATTORNEY GENERALS OFFICE™
15 HAVE YOU TALEED TO ME SINCE THAT LAST HEARING IN AUGUST OF
14 19577
17 A. NCH.
1s 1. ANYONE ELSE FROM THE ATTORNEY GENERALS OFFICE THAT YOU
12 ENCGW OF?
=) A. NOT TO MY ENOWLEDGE.
“1 ri. ANYBODY FROM THE FULTON COUNTY DISTRICT ATTORNEYS OFFICE
en SINCE THE LAST HEARING?
3 Fie NCL,
“4 1. ANYBODY FROM THE ATLANTA FOLICE DEFARTMENTY
ay A. NC, I HAVEN'T.
1 Ci. HAVE YOU TALKED TO DETECTIVE HARRIS SINCE THAT HEARING
2 A. NCO. IT HAVEN'T.
= A. MR. WORTHY. I DON'T WANT TO REHASH EVERYTHING YOU WENT
4 THROLIGH. I HAVE A FEW SPECIFIC QUESTIONS TO ASE YO,
= MY UNDERSTANDING FROM WHAT YOU SAID PREVIOUSLY AND I
& WANT TO JUST ASK YOU 4 COURFLE OF QUESTIONS AROUT THI.
7 WAS MR. EVANS, OFFIE GENE EVANS. EVER CALLED TO YOUR
= ATTENTION BEFORE THE TIME THAT MR. CARTER HAMILTON CAME TO
2 TALE TO YOu IN HILLY OF 12787
10 A. I'BELIEVE 1 HAD TALEED TO HIM,
31 2. AS YOU WOULD ANY OTHER INMATE™Y
12 A. RIGHT.
{ 13 (la HAD IT EVER COME TO YOUR ATTENTION HE ENEW ANYTHING IN
14 FARTICIH. AR ABOUT THE SCHLATT MURDER CASE AND THE FURNITURE
15 STORE ROBBERY BEFORE MR. HAMILTON BROUGHT IT TO YOUR
1& ATTENTION?
17 A. ND, I NEVER DISCLEESED ANYTHING LIKE THAT WITH HIM.
1= Cl. THE FIRST TIME YOU KNEW OF THAT WOULD BE ON JULY 11,
1% 19787
20 A. IF THAT 1% WHEN MR. HAMILTON BROUGHT IT TO MY ATTENTION.
23 1. AND THEN THE MEETING, THEN THERE WAZ A MEETING AT THE
a2 FRISON: IS THAT CORRECT. SHORTLY THEREAFTER IN WHICH MR.
23 FARKER AND OTHER FPEOPLE CAME AND TALKED TO MR. EVANT?
24 Aa THERE WAZ A MEETING AT THE JAIL.
2% 1. 0 youl RECALL HOW LONG AFTER MR. HAMILTON TALEED TO YO
THAT THAT QCCURRED?
A I REALLY DON-T KNOW. I DONT ENOW EXACTLY HOW LONG IT
WAS AFTERWARDZ.
1. IF THERE WAS SOME INDICATION THAT SOMEONE CAME TO THE
JATL ON JULY 12, 1972, WOULD YOU DISAGREE WITH THAT DATEY
A. NC. IT COULDNT DISAGREE.
i. NOW, IS IT CORRECT THAT NO ONE ASKED YOU TO MOVE MR.
EVANS LINTIL AFTER THAT MEETING TOOK PLACE AT THE JAIL
A. IT WAS AFTER THE MEETING THAT THEY ASKEIL.
1. TO CLARIFY FOR THE MOMENT. THE MEETING I AM TALKING AROUT
IS WHEN MR. FARKER CAME OUT TO THE JAIL AND TWO OTHER
DETECTIVES CAME OUT AFTER MR. HAMILTON HAD TALKED To YO,
THAT = THE MEETING I AM TALKING ABOUT. HAD ANYRODY ASKED YOU
TO MOVE MR. EVANS BEFORE THE MEETING TOOK FLACE?
A. NO. NOT TO MY ENCOWLEDGE.
1. NOW. EXCEFT FOR THAT FARTICULAR MEETING. WERE YOu EVER
FRESENT IN THE ROOM WHEN ANYONE TALKED TO MR. EVANZS AROUT THE
MURDER OF FRANE SCHLATT IN THAT FURNITURE STORE ROBRERY™Y
A. NC.
Gi. NOW. MR. WORTHY. YOU DID NOT EVER ACTUALLY SEE OFFIE
EVANS MOVED FROM ONE CELL TO ANOTHER?
A. NO. I DID NOT SEE HIM MOVED FROM ONE CELL TO ANOTHER.
Cl. OID YOu EVER GO OUT AND OBSERVE. GO OUT INTO THE JAIL
CELLS THEMSELVES AND SEE THAT HE WAS IN A DIFFERENT CELL. 1D
YOu EVER MAKE THAT ORSERVAT ION?
nl
A. NC, TIT DONT RECALL.
1. YOLl REMEMBER OFFICER SIDNEY DORSEY?
A. YES.
1. DID YOU ENOW HIM AT THAT TIMETY
A. YES.
©. MR. DORSEY DIDON-T ASE YOULL TO MOVE OFFIE EVANS, DID HE?
A. Nd, HE DIDN-T.
Cla 00 you REMEMBER DETECTIVE WELCOME HARRIS?
A. YES.
Cl. AND DETECTIVE WELCOME HARRIS DIDNT ASE YOU To MOVE OFFIE
EVANZ. DIDO HEY
A. NO. THEY DID NOT MAKE THE REQUEST TO ME.
ci. 00 you REMEMBER RUSSELL PARKER FROM THE DISTRICT
ATTORNEY "S OFFICE?
A. YEE.
1. DIN HE MAKE ANY REQUEST THAT MR. EVANS BE MOVEDT
A. NOT TO ME.
1. AND I BELIEVE OFFICER JJOWERST. IT DONT RECALL IF YOU KNEW
HIM OR NOT, DID YOU ENOW AN OFFICER JOWERZ, J-0O-W-E-R-357
A. NOT BY NAME.
i. Sl. vou DONT RECALL HIM AT ALL OR HAVING ANY
CONVERSATION WITH SOMEONE WITH THAT NAME™
A. NC, I DIONTT.
1. NOW MR. WORTHY, TO YOUR ENOWLEDNGE. ISN'T IT TRUE THAT MR.
EVANS WAS NOT MOVED FROM THE TIME HE WAS BROUGHT IN THE FULTON
PE i
i
a
COUNTY JAIL IN THE EARLY PART OF JULY UNTIL THE DAY HE HAD
THAT MEETING WITH MR. FARKER AND THE DETECTIVES?
A. TO MY KNOWLEDGE OFFIE EVANS WAS MOVED AFTER THE MEETING.
Ll. YOU DONCT ENDOW FOR A FACT THAT HE WAS MOVEDR?T YOU SAID
YOu DIDNT SEE HIM MOVED: IS THAT CORRECT?
A. I DID NOT SEE HIM MOVED BUT THE REGUEST CAME TO ME FROM
ONE OF THE OFFICERS AT THE JAIL ASKING THAT HE EE MOVEL.
Cl. WHEN DID THAT TAKE FLACE?
A. AFTER THE MEETING WITH THE DETECTIVEER.
CL. AND MR. FARKER. THAT DAY WHEN MR. PARKER. AND MR. HARRIET
AND MR. DORSEY CAME OUT?
A. I CANT REMEMBER EVERYERODY THAT WAS THERE. I ENOL MR.
DORSEY AND MR. HARRIS WAS THERE. WHO ELSE, I REALLY DONT
FNCW.
i. NOW, DID You EVER HEAR ANYONE TELL MR. EVANS TO LISTEN TO
CONVERSATIONS OF BERNARD DEFREE OR WARREN MOCLESKEY™
A. NO, TIT DIDN'T.
Gl. TO YOUR ENOWLEDGE. WAS THIS MEETING WE WERE TALKING
ABOUT, THE FIRST MEETING AT LEAST THAT YOU ARE AWARE OF, THAT
YOU WERE FRESENT IN. AND WERE AROUND IN WHICH ANY OFFICERS
TALEEDR TO QFFIE EVANS AROUT THE MCCLESKEY AND DEFREE CASEY
A. REFEAT THAT QUESTION.
1. TO YOUR KNOWLEDGE WAS THIS MEETING THAT WE ARE TALEING
AROUT THAT OCCURRED AFTER MR. HAMILTON TALEED TO YOULL, WAS THAT
MEETING THE FIRST TIME THAT YOU ENOW OF THAT ANY OFF ICERZ
TALKED TO OFFIE EVANZ ARIUT THE FRANK SCHLATT MURDER AND THE
DIXIE STORE ROBBERY?
A. NO. I THINK THEY HAD BEEN THERE REFORE.
i. DIDNT YOU TESTIFY PREVIOUSLY TO YOUR KNOWLEDGE THAT WAS
THE FIRST MEETING?
A. NGO. I DONT THINE S00, BECAUSE THERE HAD BEEN MEETINGS
BEFORE. BUT I WAS NOT PRESENT.
a NOW IF YOU WERE NOT PRESENT. HOW DO YOU KNOW WHAT THEY
TALEED AROUT?
A. I DON'T ENOW WHAT THEY TALEED AROUT.
C1. NOW, MR. WORTHY. DO YOU RECALL TESTIFYING ON AUGLET 10,
1787 BEFORE JAIDGOE FORRESTER?
A. YEE.
CL. AND D0 YOU RECALL AT THAT TIME THE QUESTION BEING
ASKED: "TO YOUR ENOWLEDGE WHEN THEY CAME OUT IN A
MATTER OF A FEW DAYS. TO YOUR ENOWLEDGE WAS THIZ THE FIRST
TIME THAT THE INVESTIGATOR EVER CAME OUT TO TALE TO OFFIE
EVANS AROUT THE SCHLATT MURDERT
AND YOu RESFONDED: "TO MY ENOWLEDGE. YES.
0 you RECALL MAKING THAT RESPONSE AT THAT TIME?Y
A. I BELIEVE 0. BUT I WAS ALSO ASKED WHETHER OR NOT THEY
HAD BEEN. HAD I SEEN THEM THERE BEFORE AND I STATED YES THEY
HAD BEEN OUT SEVERAL TIMES IN SEVERAL OFFICES, BUT I COULDNT
SAY THE NAMES BECAUSE I REALLY DIDN'T KNOW THE NAMEZ.
(I Yi OON-T ENOW WHAT THEY TALEED AROUT RECALSE YOU WERE
—
—
11
NOT THERET
A. I WAS NOT PRESENT DURING THE TIME THEY WERE INTERVIEWING.
1. NOW, YOU SAID THAT YOu DIDN'T HAVE ANY INDICATION THAT
MR. EVANS KNEW ANYTHING ABOUT FRANE SCHLATT S MURDER UNTIL MR.
HAMILTON BROUGHT THAT TO YOUR ATTENTION: IS THAT CORRECT?
A. THAT 1S CORRECT.
(A ANDO WHEN DID THE OFFICERS FIRST COME QUT AND TALE TO MR.
EVANS THAT YOU ENOW OF AROUT THAT IN RELATIONSHIP TO WHEN MR.
HAMILTON TALKED TO your
A. MR. HAMILTON CAME TO ME RIGHT AFTER THE —— THEY HAD THE
MEETING AND MADE THE REQUEST THAT HE BE MOVED.
A. BUT MY QUESTION IS, WHEN DID MR. HAMILTON IN RELATIONSHIP
TO THAT MEETING. WHEN DID MR. HAMILTON TELL YO! THAT OFFIE
EVANS HAD ANY INFORMATION OR ENEW SOME INFORMATION AROUT THESE
CASES?
Aa WELL. I DONT RECALL MR. HAMILTON GOING INTO ANY DETAILS
ABOUT OFFIE EVANS HAVING ANY INFORMATION. WHAT HE STATED TO
ME WAZ THAT THE OFFICEREZ HAD ASKED HIM TO MOVE HIM TO GET SOME
INFORMATION.
Gh. THAT ZS THE DAY THAT THE OFFICERS CAME OUT THAT You ARE
TALKING ARQUT?
A. RIGHT.
2. I AM TALKING AROUT BEFORE THAT. DID YOu EVER -—— BEFORE
THE OFFICERS CAME QUT AND THAT MEETING Took PLACE, DID MR.
HAMILTON EVER AFFROAGCH YOU —— YOU TESTIFIED FREVIOUSLY MR.
KONE
PERMISSION TO CALL. A POLICE ODFFIVCERT
A. HE D1N0.
Gl. I THAT CORRECT?
A. YE=.
OUT To TALE TO MR. EVANS ABOUT THE FRANE SCHLATT CASEY
A. WELL. YES. THEY HAL.
a. NOW, WHEN WOULD THAT HAVE BEENTY
A. WELL, THAT I DONT ENOW. WHEN HE FIRST CAME IN AZ I
STATED THERE WAS SEVERAL VISITS FROM OFFICEREZ.
4. YOLIL WERE NOT PRESENT AT ANY OF THOSE?
A. I WAS NOT PRESENT.
WAZ
A I REALLY DON-T.
THAT YO ENEW THAT MR. EVANS ENEW ANYTHING ABOUT THE FRANK
SCHLATT CASE WAS WHEN MR. HAMILTON TOLD Yours
a. MR. HAMILTON BROUGHT IT TO MY ATTENTION.
A. NO, I DIDNT.
1, NOW YO SAID MR. CARTER HAMILTON ASEED YOU TO MOVE MR.
12
HAMILTON ADVISED YOU MR. EVANS HAD SOME INFORMATION AND ASEED
(2. AND PRIOR TO THAT TIME TO YOUR ENOWLEDGE HAD ANYONE BEEN
Ct. YOU DONT ENOW WHAT THE SURSTANCE OF THOSE CONVERSATIONS
Cl. YOu! TESTIFIED EARLIER THE FIRST TIME YOU ENEW ANYTHING —-
LL. REFORE HE BROUGHT IT TO YOUR ATTENTION. YOU DID NOT ENOW
ANYTHING —— YOU DID NOT ENOW MR. EVANS ENEW ANYTHING ABOUT ITY
EVANST. IS THAT THE DAY THAT THE OFFICERS CAME OUT AND TALKED
foe
ry
I
)
TO MR. EVANS THAT THE MEETING TOO FLACETY
A. THAT WAS SOME OFFICERZ. YES. THEY CAME OUT THERE THE £1
SAME DAY.
Gl. AND WAS IT AFTER THEY LEFT THAT MR. HAMILTON CAME AND
TALKED TO Yau?
A. 1 BELIEVE IT HAD.
(1. IS THAT THE ONLY TIME THAT SOMEBODY DIRECTLY ASEED YOU TO
MOVE MR. EVANS?
A. YE=: THAT WAS THE FIRST TIME.
Ci. HOW LONG WERE YOU AT FULTON COUNTY SHERIFFS DEPARTMENT
A. 12 YEARS, 18 OR 17 YEARS.
Ca. WHEN DID YOU LEAVE FULTON COUNTY JAILT
Ae IN oT BELIEVE IT WAZ.
1. WHY DID YOU LEAVE FULTON COUNTY JATLY
fia I WAS SUSPENDED FOR VIOLATION OF & RULE THEY HAIL.
1. YOU WERE FIRED, WERE YOU NOT?
A. YES: 1. WAS SUSPERNDET. I WENT BEFORE A HEARING.
Ci. WAS THAT FOR TRYING TO PAWN A WEAFONT
A. YES. IT WAS A WEAPON.
MZ. WESTMORELAND: THATS ALL THE QUESTIONS I HAVE
AT THIS TIME. YOUR HONOR.
REDIRECT EXAMINATION
BY MZ. MULL?
Gl. MRL WORTHY. WHAT ARE YOU DOING RIGHT NOW FOR A LIVING?
14
A. I AM WORKING AT SPELLMAN COLLEGE POST OFFICE.
1. AT THE FOST OFFICE. YOLL WORK FOR THE LU. 8. POST FFICE?
A. SFELLMAN COLLEGE.
1. SFELLMAN COLLEGE PAYZ YOUT
A. RIGHT.
i. NOW. MR. WORTHY. YOu HAVE BREEN TALEING TODAY AND yOu
TESTIFIED BEFORE WITH REGARD TO THE MCCLESEEY CASE THAT
SOMEONE ASKED THAT OFFIE EVANS BE MOVED. I= THAT KIND OF
REGUEST UNUSUAL AT FULTON COUNTY JAILT
A. NOI, JTS NOT.
1. WOLD YOU, WERE YOU SURPRISED THAT THIS HAS COME TO —-
THAT YOuI HAD TO TESTIFY AROUT MOVING 4 PERSON FROM ONE PLACE
TO ANOTHER™
A. SOMEWHAT.
1. NOW. WHEN THEY ASKED YOU, THIS IS GENERALLY SPEAKING,
WHEN THEY ASE YOU TO MOVE SOMERODY FROM ONE CELL TO ANOTHER.
WHAT I= THE FURFOSE WHEN THE POLICE OFFICERS ASE ——
| WESTMORELAND: I OBJECT. HE CAN'T STATE WHAT £1
SOMEONE ELSE-S PURPOSE IS.
THE COURT: SUSTAIN THE OBRJAECTION.
BY Ma. MipL?
Gt. WHAT HAVE YOu BEEN TOLD
Mz. WESTMORELAND: ORJECTION. YOUR HONOR. THAT CALLS
FOR HEARSAY.
THE COURT: IF 0 DETECTIVE OR SOMERODY TOLD HIM, 1
WILL LET HIM FROCEFTD., GO AHEALL,
ME. MULL: CAN HE ANSWER?
THE COURT: GO AHEAD.
BY MZ. MULL:
C1. WHAT IZ THE REASON THAT THE DETECTIVES GIVE You FOR
ASKING OR GIVE YOUR DEFUTIES FOR ASEING THAT FEOFLE BE MOVED
FROM ONE CELL TO ANOTHER?
A THEY WANT TO GET INFORMATION FROM ONE OF THE OTHER
INMATES.
(. NOW, MR. WORTHY. IO YOU REMEMBER EXACT DATES IN THIS CASE
WITH REGARD TO OFFIE EVANS AND BERNARD DEFREE AND MR.
MCCLESKEEYY DO YOU REMEMBER EXACT DATES?
A. MC, MASAM, 1 DONT.
£1. HOW OLD ARE YOu, MR. WORTHY?
A. 473
A. MR. WORTHY. DO YOU RECALL HOW —— DO YOU RECALL DETECTIVES
COMING OUT TO TALE TO MR. EVANS?
A YEE.
(HR D0 YO RECALL THAT?
A. YES.
Cla HOW MANY TIMES DO YOU RECALL THAT HAFPENING? CAN YOU
GIVE Uz AN ESTIMATE
a. I COLDNT GIVE AN ESTIMATE ON THAT.
1. WOLD YOu, WollD IT BE MORE THAN ONE TIMET
A. YES, IT WHA DD BFE MORE THAM (INE TIME,
1. 0 you REMEMBER A MEETING —— WHEN YOU SAY. LET ME STRIEE
THAT.
WHEN WE TALK AROUT OFFICERS COMING OUT TO SPEAK WITH
MR. EVANS, DO you Call THAT A MEETING?
A. YES. A VISIT.
1. NOW, YOU HAVE TESTIFIED THAT AT SOME FOINT YOU RECEIVED A
REQUEST FROM MR. CARTER HAMILTON TO MOVE OFFIE EVANT NEXT TO
THE CELL BLOCK WHERE DEPREE AND MCCLESEEY WERE: Is THAT
CORRECT?
A. YES.
Gl. AM IT CORRECTLY PHRASING YOUR TESTIMONY?
A. TO BE MOVED NEAR WHERE HE WAZ.
i. NOW. [DO yOu REMEMBER EXACTLY AFTER WHICH MEETING THAT
REQUEST CAME?
A. WELL. CAME AFTER A MEETING THAT WAS IN THE OFFICE WHERE 1
WAS THE SAME DAY. THE DATE I DONT REMEMBER.
(1. 0 vii) REMEMBER IF IT HAS THE FIRET MEETING WITH OFFIE
EVANS, THE SECOND MEETING OR THE THIRD MEETINGY
A. THEY HAD MET WITH HIM BEFORE.
Cl. AND HAD THEY MET WITH HIM AFTERWARDEZY
A. YES. I HAVE SEEN THEM AFTERWARDS. I SAW THEM AFTERWARD.
©. IS IT YOUR TESTIMONY THAT THERE WERE MEETINGS AFTER OFFIE
EVANS WAZ MOVED OR AFTER THE REQUEST TO YoU THAT HE WA MOVED?Y
A. YES. “HE WAS VISITED BY OFFICERS AFTER THEW.
1. WE TALKED VERY GENERALLY AROUT OFFICERS. WHAT OFFICERT DO
BE A
Yl REMEMBER COMING COUT AND TALKING TO OFFIE EVANZTY
A. WELL. DETECTIVE HARRIS. DETECTIVE DORSEY.
1. NOW, YOU SAID YoU REMEMBER RUSE PARKER COMING QUT: I=
THAT CORRECT. TO THE JAILY
A. I REMEMBER SEEING HIM OUT THERE.
Cla WoLlLD youl BE ABLE TO TELL WHETHER IT WAZ THE FIRST
MEETING. THE SECOND MEETING. THE THIRD MEETING. WOULD YOU BE
ABLE TO TELL THAT?
A. 1 COHDN'T SAY.
©. WERE YOU EVER FRESENT AT ANY OF THESE MEETINGTSY
A. NZ, NOT TO HEAR ANY CONVERZAT IONE.
Cl. DID YOu EVER HEAR ANYBODY ASE MR. EVANS TO IO ANYTHING
A. NG. IT DIDNT.
1. no you REMEMBER AT THE MCCLESKEY HEARING, DO You REMEMBER
TESTIFYING AT THE WARREN MCCLESKEY HEARING IN FRONT OF JUDGE
FURRESTER IN THIS COURTHOUSE? DO YU) REMEMBER YOULL TESTIFIED?
A. YER.
1. COULD you HAVE FERHAFZS IN THAT HEARING TESTIFIED You DID
HEAR SOMEBODY ASE OFFIE EVANS —-—
MZ. WESTMORELAND: ORJECTION. THAT = NOT THE FROFER i
WAY TO IMPEACH THE WITNESS.
THE COURT: SUSTAIN THE GORBJAECT ION.
READ HIM THE TRANSCRIPT.
BY M2. MM LS
1. MR. WORTHY. YOU HAVE SEEN THE TRANSCRIPT IN THIS CASE. IN
fo
e
i
3 1 THE MCICLESKEEY CASE WE HAVE BEEN TALEING AROUT?
#s A YES. 1 SAW THEM.
3 1. WHEN MR. CARTER HAMILTON AFFROACHED YOU TO ASK FOR
4 PERMISSION TO MOVE MR. EVANS, WHAT WAS THE REASON HE GAVE Yours
= A. WELL. HE STATED AT THAT TIME THE OFFICERS HAD ASKED HIM
& TO MOVE HIM IN ORDER TO GET SOME INFORMATION.
7 1. LET ME ASE YOU, WAS THERE ANY MEETING BETWEEN YOU, MK.
= DORSEY AND MR. EVANS, WERE YOU EVER FRESENT TOGETHER?
= A. NOT TO MY ENOWLEDRGE. I ONT RECALL.
10 Cl. LET ME SFE IF THIS BOUND REFRESH VIHIR. RECOLLESTION, ~ MR.
ii WORTHY. IF YOU WOLILD TAKE & LOE AT FAGE 147 AND 1432 AND SEE
12 IF THAT REFRESHES YOUR RECOLLECTION,
13 YOu THON T HAVE YOUR GLAZSES?Y
1% MS. WESTHORELAND: LEFT THE RECORD REFLECT 1 BELIEVE
1& THATS THE TRANSCRIPT OF JUY 2. 1787 HEARING IN THE MOCILEZKEY
17 CASE.
i= BY MI. MULL:
fo 1. WOLD IT BE MORE HELFFIN. IF 1 READ IT TO vue
20 A. YES, YOU CAN READ IT.
23 MS. MULLS: ¥YOULIR HONDR, “IF 1 MAY?
22 THE COURT SREAD IT TO HIM.
22 RY M5. MHLLS
24 2. THIS IS THE QUESTION AND ANSWER BETWEEN COUNSEL. MR.
25 BOGER. COUNSEL FOR MR. MCCLESKEY. AND YOURSELF.
aT
"OO YOU RECALL ANY TIME WHEN YOU MAY HAVE MET WITH
MR. EVANS AND DETECTIVE SIDNEY DORZEY
AND THE ANSWER Io: "YES BIR, 1 BELIVE 20.7
QUESTION Is: "ORAY. AND Do YOu RECALL DURING THAT
CONVERSATION THAT YOu THINE YOu RECALL, WHETHER COR NOT YOU
DISCUSSED THE MCCLESKEEY CASE OR THE SCHLATT MURDER?"
THE ANSWER: "IF I CAN REMEMBER CORRECTLY. THAT
CONVERSTATON WAS BROUGHT UF BETWEEN DETECTIVE DORSEY AND MR.
EVANSZ. IF I CAN RECALL."
RUEST ION: "AND YOULL WERE SIMPLY FRESENT. YOU WERE
NOT A FARTICIFANT
ANSWER: "NO. I WAS NOT A PARTICIFANT. I WAS
FREGENT.
"OKAY. WERE ANY OTHER FEOFLE THERE AT THAT TIME OR
WAS THAT THE THREE OF YOU TOQGETHERT™Y
"I DONT RECALL WHETHER HITZ PARTNER WAZ WITH HIM OR
NOT. I REALLY DON'T ENOW."
"OEAY. [DO YoU RECALL MR. DORSEY SAYING TO MR. EVANES
THAT HE WANTED HIM TO —— LET ME WITHDRAW THAT QUESTION. DO
YO RECALL WHETHER MR. DORSEY ASKED MR. EVANS TO LISTEN TO
WHAT HE HEARD IN THE JAIL FROM THOSE WHO MAY HAVE BEEN NEAR
Hip
UNO, SIR. IT DON'T RECALL THAT."
“D0 You RECALL WHETHER HE AZEED HIM TO ENGAGE IN
CONVERSATIONS WITH SOMEBODY WHO MIGHT HAVE BEEN IN A NEARERY
CELL T
TO MR.
20
"SEEMS I RECALL SOMETHING BEING ZAID TO THAT EFFECT
EVANS."
Ht ay,
ANSWER: "RUT IM NOT SURE THAT IT CAME FROM MR. ——
FROM RETECTIVE DORSEY OR HHO ®
CONVE
MR. I
THERE
DETED
A.
1,
FRESE
Aa
WHOUL 0
"IN OTHER WORDS.
RSATION SAID THAT BUT
ORSEY OR FERHARS HIS
"IM REALLY NOT
OES THAT REFRES
Was A CONVERZATION -—
TIVE UDRZEY AMD FR. E
SOMERODY FRESENT IN THAT
YORE NOT CERTAIN WHETHER IT WAS
FARTNER OR SOMERODY ELSE THERED"
SURE."
H YOUR RECOLLECTION Am TO WHETHER
- THERE WAZ A TIME WHEN YOU,
VANS WERE TOGETHER. WERE FRESENTT
YES.
WHAT WOULD
NT TOGETHERY
I WAZ THERE.
nc
YOUR
I-RELIEVE 50,
ANSWER TO MY Gill
YES.
YO. RECALL =
BUT NOT IN A MEETING WITH THEM.
OD YOu RECALL WHERE THAT WOULD
THAT HAVE BEEN —— CAN YOU TELL
THAT MIGHT HAVE HAFFENED?
A.
i "
EXTEN
IT HAFFENED
IZ IT YOUR
DED FERIOD OF TIME OR
IN THE OFFICE.
RECOLLECTION THAT YOU WERE THERE OVER
SHORT FER
ESTION. WERE YOU EVER
HAVE QCCURRED?™ WHERE THAT
THE COURT WHERE YOu THINK
AN
Ion OF TIME?
1
A. SHORT PERIOD OF TIME.
Cd. OO you REMEMBER THIS CONVERSATION BETWEEN MR. EVANZ. MR.
DORSEY AND Yours
A. I REMEMBER THE CONVERSATION VAGUELY WITH THE OFFICERZ.
1. Oo YOu HAVE ANY RECOLLECTION AZ TO HOW MANY TIMES YOU =AW
A RUSE PARKER AT THE JATL DURING THE SUMMER OF 12727
A. MO, 1 DONTT,
. YOU HAVE NO RECOLLECT ION
A. NO TDEA.
1. WOULD YOU SAY IT WAS AT LEAST ONE TIME?
A. I DONT HAVE ANY IDEA. I REALLY DONT ENOW.
4. WHY ARE YOU HESITATING. DOES HE COME OUT THERE ON OTHER
A. THEY WERE OUT QUITE OFTEN.
1. NOW YOU TESTIFIED AROUT SEVERAL MEETINGS BETWEEN EVAND.
HARRIS AND DORSEY TOGETHER. WERE ALL OF THESE MEETINGS IN
YOUR OFFICET
A. NC, MA AM.
1. WHERE ELSE WOULD THEY HAVE RBEENT
A. IN THE ATTORNEY BOOTH.
Cl. AND ANYWHERE ELSET
A. IN THE CONFERENCE ROOM.
9]
Cl. AND THE CONFERENCE ROOM IS DIFFERENT FROM YOUR OFFICES I
THAT CORRECT?
A. Yrs, 17 15.
a te 4 nd
‘re La
@. WHEN PEOFLE., WHEN DETECTIVES COME QUT TO SEE INMATES FS
THERE A FLACE WHERE -— D0 THEY HAVE TO CHECK IN WITH You
FIRST?
A. WELL. THEY CHECK IN THE FRONT OFFICE.
©. 50 YOU —— WOULD yOu RE THE PERSON THAT WOULD KNOW IF A
DETECTIVE WERE GOING TO SEE SOMEONE?
A. NOT NECESSARILY.
@. NOW, YOU HAVE TESTIFIED HERE TODAY YOU WERE AWARE OF
SEVERAL VISITS BETWEEN ATLANTA POLICE OFFICERS AND MR. EVANS?
A. RIGHT.
o. HOW DID YOU COME TO KNOW OF THOSET
A. WELL, ON SEVERAL OCCASIONS I WOULD BE WORKING SOMETIMES
IN THE FRONT OFFICE AND THEY COME IN AND SIGN THE VISITOR'S
PASS. SOMETIMES THE VISITORSS BOOTH WOULD BE OCCUPIED AND
THEY WOULD HAVE TO MAKE A REQUEST THAT THE INMATE BE BROUGHT
DOWNSTAIRS TO THE CONFERENCE ROOM.
B. UNDER WHAT CIRCUMSTANCE WOULD YOUR OFFICE BE USED?
A. IF EVERYTHING WAS FILLED AND THAT WAS AVAILABLE. I WOULD
LET THEM GO IN THERE SOMETIMES.
Mz. MULL: I HAVE NO FURTHER QUESTIONS AT THIS TIME.
RE-CROSS-EXAMINAT ION
BY MZ. WESTMORELANIE:
FL MR. WORTHY. I RELIEVE TOWARD THE END OF THE QUESTIONING
By MZ. MULL YOuLF TESTIFIED THAT YOU WERE THERE WITH MR. EVANZ
1 AND OFFICER DORSEY IN YOUR OFFICE AND YOU WERE THERE FOR A ee
- SHORT FERTOL OF TIME.
= Oo you RECALL THAT TESTIMONY YOU GAVE A FEW MINUTES
4 AGO: IS THAT CORRECT? I DONT WANT TO MISSTATE YOU,
= A. YES. J. SAIN. 1 WAS THERE. ONE OR THD TIMES THEY WERE IN
& THE OFFICE. I WAS IN AND QUT.
7 1. WAS DETECTIVE DORSEY THERE BY HIMSELF WITH MR. EVANZ OR
= WERE THERE OTHER OFFICERS THERE
= A. WELL. I HAVE SEEN HIM BY HIMSELF AND I HAVE SEEN HIM WITH
10 GATHER OFFICES TOGETHER.
11 Cd. AT ANY TIME WHEN YOU WERE PRESENT DID YOU EVER ACTUALLY —-
13 WERE YOU EVER ACTUALLY PRESENT SO YO COULD HEAR CONVERSATIONE
A.
fon
ts on
i)
WITH MR. EVANZ AND ANY OF THE POLICE OFFICERS?
14 fA. I NEVER SAT IN ON ANY OF THE INTERVIEWS WITH FOLICE
15 OFF ICERE.
1& 1. SO YOU DONT ENOW THE CONTENT OF ANY GF THE CONVERZATIONZ
1.7 POLICE OFFICERS MAY HAVE HAD WITH MR. EVANS?
1a A. NOT REALLY. NOTHING BUT WHAT I WAS TOLD.
1% a. SO JUST BACK SPACE ONE MORE TIME. MR. HAMILTON —— WHEN
20 YOu HEARD FROM MR. HAMILTON THAT MR. EVANS HAD INFORMATION,
| WHO FLACED THE CALL TO THE DETECTIVE. DO YOU RECALL?
22 A NO. TI DONT. I DONT RECALL WHETHER IT WAS MR. HAMILTON
a3 OR HE-LET MR. EVANS USE -THE PHONE, I AM NOT SURE.
24 Ld. IT WAS AFTER THAT FOINT IN TIME HMR. HAMILTON ASKED YOUU TO
= MOVE MR. EVANS: IS THAT YOUR TESTIMONY?
A. AFTER THE MEETING. AFTER THEY CAME OUT AND TALEED WITH...
HIM.
1. ANID THEY CAME OUT AFTER MR. HAMILTON OR YOU OR WHOEVER
CALLED THEM TO COME QUT?
A. RIGHT.
LL. BASED LUFON WHAT MR. EVANS HAL SAID?
A. RIGHT.
MR. WESTMORELAND: THAT ZS ALL THE QUESTIONZ I HAVE.
THE COURT: ANY OTHER QUESTIONZST
M MULL: NO, YOUR HONOR. I WOULD LIKE TO RESERVE Ey
]
THE RIGHT TO RECALL HIM OM REBUTTAL, IF HE COULD BE EXCUSED IN
CASE WE NEED HIM TOMMORROW FOR OUR REBUTTAL CASE.
THE COURT: ALL RIGHT. YOU CAN STEP DOWN. MRE.
WORTHY.
(WITNESS EXCUSED FROM THE WITNESS STAN)
THE COURTS LET'S RECESS ONE HOUR FOR GLNCH.
(RECESS TAKEN.)
Fee Yd
CERT 1=Fal~-O-A=T-£ gr
LINITED STATES OF AMERICA
NORTHERN DISTRICT OF GEORGIA
I. KIMBERLY C. BRAMLETT. OFFICIAL COURT REFORTER oF
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
GEORGIA, DO HERERY CERTIFY THAT THE FOREGOING FAGES
CONSTITUTE A TRUE TRANSCRIFT OF PROCEEDINGS HAD BEFORE THE
SAID COURT HELD IN THE CITY OF ATLANTA. GEORGIA. IN THE
MATTER THEREIN STATED.
IN TESTIMONY WHEREQOF I HAVE HERELINTO SET my
HAND ON THIS DAY OF
a4ai 28000 Gores bats Sumer Brats Soe Sores Asses Sher Virde Giese SSse Seer Saste ePEt Ses Ghat Geese Suess Sees Gast Seetn Sere Tease Geese Sease Seee
EIMBERLY CC. BRAMLETT
CFFICIAL COURT REFORTER
NORTHERN DISTRICT OF GEORGIA
The following FBI rrecorc
CONTRIBUTOR OF
FINGLRFRINTS NAME AND NUMDER
PD Atlanta Ga
PD Atlanta aa,
St Bd of Corr
Atlants Gs
PD Atlanta Ga
St Board of Corr
5 Atlanta Ga
St Board of Corr
Atlanga Qa :
PD, Atlanta Ga
St 5d of Corr
Atlanta Qa
PD Atlanta Ga
PD Atlanta Ga
PD Atlanta Ga
PD Atlanta Ga
--
| ortte G. Fvans
| #966087
| offie G. Evans
96687
offie 0. Evans
#A-21032
offie Evans
#96637
Offie GQ. Lvans
#A-31032
Offie G Lvans
#A-31032/28089
Offie G. Evans
#906687
Offie GQ. Evans
#FM-18567
Offie Gene
Evans #96687
Arthve GG
Evans
#96687
Arthur G. Evans
1496687
Arthur Evans
795687
- pl
a
i
T
E
R
E
S
T
]
513 677 B
-
&
wo VWADRINGLIVIE 43, VU. CC.
. Ia furnished FOR OFFICIAL USE ONLY.
ARRYSYED OR
DISPOSITION
10-7-60
11- 2 Z
burg
CCW
carrying a
weapon W/P lia:
10-29-59 CCU&CPWL
susp larc
BUSP POD
susp L.of auto
3-5 you
‘12 mos gusp on
rohg SL 8-5-5
3-5 yrs
12 mos
$1ntqest 02 ;
+} 0 :
j 30-20-60
nolled prossed
on ¢hg of L of
auto 3-27-63}
no bill on ong
puse |
$100 & 12 NOs
prob _!; :
SS
23 or "
Information shown on this Identitication Record represents data fur nished FBI by fingerprint contributor
Where final disposition is not shown or further explanation of charge is desired, comtaunicate with aqerf
contributing those fingerprints,
Notations indicated Ly °*
EE Ty. Rd rd
Edd ng
are NOT based on firawiprints in FBI files but are listed only ¢ as tavestiqaiive 5
os being possibly Identical with subject of tals record, A
| 78 263%
3-5& 3-5 concuf
RECLIVED CHARGE
| Er
Ea
. 12-9-53 susp burg ‘rel WOP 12-10-48
12-15-53 susp burg ean 1-6-5
- &. EE
12 mos 10-21-5908
Fel wor 2-14-61
The following FBI record. NUMBER
Si
DENAL BUKEAU OF INVESTIGATIO
bk. Gi WASHINGTON 23, D. siete ition
513 677 B
ifr
sities, RR Si 12
1071 FICE 73 54 263 BGT
, is furnished FOR OFFICIAL USE ONLY.
CONTRIBUTOR OF
FINGERPRINTS NAME AND NUMBER
3¢t Buof I
Atlanta Ca
PD Atlanta Ga
PD Atlanta Ga
3t Bd of Corr
Atlanta Ga
315 Bd» QL::COITe
stlanta Ga
it Bd of Corr
\tlanta Ga
#D Atlanta Ga
PD Atlanta Go
USM Atlanta Ga
PD
Atlanta Ca
-
Offie G., Evans
#179044
offie GCG. Evans
#96687
a
#96687
Office Gene
Evans
#GM-6943
Offie G. Evans
#A~52666
Offie Gene
Evans #96687
crthur Bvans
95637
Offle Gene
Evans
#06436
Of fie Cene
Lvans #96687
Ld
Offie Gene Evans
Offie Gene Evans
#A-52666/45908
te iol ir CHARGE OYSROSIT ION
4-1-62 |L of gun & Poss | case Diswm °°
burg tools Ea
«
oo” Bogut? . >
4-20-62 | burg - forgery 715-7 yrs on chg
of burg 5-7
conc on chg of
forg -. .
S Ga
4-26-62 | susp of robb fel WOP _.,
: J 9.2
5-17-62 burg (PL of 12 mos
Nolo Condendre)
12-28-62; burg(l2cts) Zo |5~7 yrs (2 cts
forg concur) 12 mos
’ or $100 (prob
\. rev)
10-21-59] CCW & CPWL 12 mos
10-14-65] DC escaped Rel to Ful co
convict y ;
(Walton Co Ga)
guze57 11, : Jdtsm ©
9-5-67
Jf ?
9-15-67 | T of US Mail
4-17-68 (Mail Thief)
US Prisoner
. *plormation shown on this Idontification Rucord represents data furnished FBI by fingerprint contributors.
>
an being possibly id
nr
» Eo 4 x 7
A RR Re
n fingerprints in FBI files but are listed only as in vesligative leads
with agency
ve WASHINGTON, D.C. 20537
7, =r iG 13 77 B | 8-18-78 263 BIG
The following FBI rocord, NUMEER , 1s forbes FOR orc USEONLY. [i
Information shown on this Identification Record represents data furnished FBI by fingerprint contributors, WHERE
FINAL DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF CHARGE IS DESIRED, COMMUNICATE
WITH AGENCY CONTRIBUTING THOSE FINGERPRINTS.
CERT | ween | in cron om
USP Atlanta Ca | Offic Cenc 5<6-68 mail theft 2 yrs :
Eyah : ! 6-270 M3 From
A992 CTC Atlanta Ca
2D Atlanta Ga Offie Gene 6-18-70 child molesting
Evans #96687
'D Atlanta Ga Offie Gene 11-16-70 [burg
" Not Presented
| hd Evans 96687 ’ : to the Grand
A / Jury 1-11-71
D Atlanta Ga Offie Gene . 88-72 Forgery &
Evans #96687 Uttering of
Trcasvry Checks
Lh i - *
us! Offic Gene 5«5-72 uttering a
Atlanta Ga vans forqed US
] : 206 ASC Tenaswy Cheol 180 bve 6 vrs
CAG 3-30-73
USM Offie Gene Evans| 1-9-73 forg of US See
Atlanta GA 06436 Treasury Check [Supplement Sh
PD Offie Cene 2.2.73 | forg vs
Atlanta Ga Evans poss stln
96587 credit card
SID 179644 os
Diag & Class Offie Evans 4-13-73 | Forg lst Deg 3 yrs (3ce)
Cer D-13981 (3) : :
Jackson Ga :
Norton indicoted by * are NOT based on fingerprints in FBI files but are listed only us investigative leads as
being possibly identical with ubise! of this record.
JOE dicate DMIVESEIO
a tad ' 47 AK he pte: 18 »:t HH ah Lo TH ¥ Enel,
Lo: pet ig ¥ i dt Type tone oat : fe
‘WHERE DISPOSITION IS NOT SHOWN OR FU
DESIKED, COMMUNICATE WITH AGINCY CONTR
The following FBI record, NUMBER
information shown on this Identification Record
rd 2THZR EXPLANATION OF CHARGE OR DISPOSITION 1S
IBUTING THOSE FINGERPRINTS.
URAL BURTAU OF INVESTIGATION
gui; IDENTIFICATION DIVISION
" WASHINGTON, D.C. 20537
512 A77 RB
6-18-78 263 BIE
, Is furnished FOR OFFICIAL USE ONLY,
represents data furnished FBI by fingerprint contributors.
ARRESTID OR
Siro NAME AND NUMBER RECEIVED CHARGE DISPOSITION
PD Atlanta Ga Offie Evans 1-16-73 1. attemnted dcad docket
96687 larceny from TS
> auto NPGT ~~ =
2. poss of tools
to commit a
crime A-15960
PD Atlanta Ga |Offie Gene Evans|2-26-73 [forgery A-16523 |plea 3 yrs
96687 ea ct -
concurrently
US Pen Offic Gene Evans|7-10-73 [Forge & Utter US|6 yrs on chg
Lewisburg Pa 39016-1233 Treas Check of Forge &
: Poss Stolen Mail (Utter
‘Hy : 5 yrs on chg
of of Poss
:
dStolen Mail
y
(conc)
US Pen Offie Gene 12-24-74 | Forg uttering
Atlanta GA Evans US Treasury
39016-133 Check
Comm Treat Ctr Offie Gene 3-22-76 | forging/uttering 6 yrs rrp ar Tg)
Atlanta GA Evans US Treas Check | regular
39016-133 poss of stln 5 yrs
mail regular (con
current)
. 6/14/7¢_ PAR
PD Atlanta GA James Robert 9-22-76 attempted larc
Matthows from auto
344 154
SID 179 644
PD Atlanta GA Paul Evans 2-27-76 Auto Larc
. 96687 prt rec
SID 179644 2-4-7177
1 ed
&
bas
ti ARE SE (ir Fel fer TO ag 3
so Bw lbe be E88 gar LE EL ER
33 {dl
"l
h
EDERAL BUREAU OF INVESTIGATION (TA
“ow IDENTIFICATION DIVISION i
“WASHINGTON, D.C. 20537
8-18-78 263 af?
G77 | , Is furnished FOR OFFICIAL USE ORLY.
The following FBI racord, NUMBER 513
information shown on this Identification Record represents data furnished F3! by fingerprint contributors.
WHERE DISPOSITION IS NOT SHOWN CR FURTHER CXPLANATION OF CHARGE OR DISPOSITION iS
DESIRED, COMMUNICATE WITH AGENCY CONTRIBUTING THOSE FINGERPRINTS.
viol NAME AND. NUMILE grit Pg CHARGE DISPOSITION
US: Offic Gene 4=7~77 Parole Viol
Atlanta GA Evans :
29952
SO Paul Evans 3~-9-77 1 theft by Dead
Co R & I Div 25692 taking 2399 docketed
Jonesboro GA SID 179644 2 Viol GA 4-13-77
Controlled
Substance Act
. 3562
PD Paul Fvans Jr 4-3-77 Bury:
Atlanta GA 96657 2
SID 179644
US Pen Offie Gene 4-25-77 | PV Committed
Atlanta GA Evans s USP Atlanta
39016-1133 ’ W/1,022 das
to serve
Fed Comm Treat Offie Gene 5-31-78 | PV{lror¢e & utter] 6yrs rocg
Ctr Evans US: Trea ck poss | adult
Atlanta GA 39016 133 stln mail) S5yxs reg
adult con-
current
1,022 day
: to serve
3 ”% Sa
ear CV Jibs Fis
-
2 25, BE BE
a fT Ele RET HE
EC tt FAB bbb snd
HRD « Sas HR $ Jer at AE : :
web AB is oe od i on “
CUNY IDENTIFICATION DIVISION ~~ “7
{is WASHINGTON, D.C. 20537
wr ie aa g-18-78 263 BIR
The following FBI record, NUMBER F1I3. 677 1 . is furnished FOR OFFICIAL USE ONLY.
Informetion shown on this Identification Record reprosents dota furnished FBI by fingerprint contributors.
WHERE DISPOSITION IS NOT SHOVIN OR FURTHER EXPLANATION OF CHARGE OR DISPOSITION is
DESIRED, COMMUNICATE WITH AGENCY CONIRIBUTING THOSE FINGERPRINTS. ; :
CONTRIBUTOR OF ARRESTED OR
FINGERPRINTS NAME AND NUMSIR RECEIVED CHARGE DISPOSITION
L
CC3 USPO cl
Atlanta, GA. 30301
[ ]
&
\
: P
S48 CO phed
Te er ———————— = oy ig a= An bs 7%
i AE ee J
2y s : :
a i 4 ‘1-80 3 Fide Of .
2 Ps
3 ‘
q
The following FBI racnrd, 1NUMBER
Inforinction thown on tit Identification fi:
BISPOSITICH IS UT SiCcw Olt FU
COMMUNICATE WiTH LGENCY COLTHISUTILIG 1H 0ST FINGE W'RINTS,
Limstamcsbblh hlaiidee dtd NIT
IDENTIFICATION DIVISION
WASHINGTON, D, C. 20537
513 677 B
[RETR S oe ¥ NEL
COMTY:LNOR OF
Hil sirmiNIS NAME AND MUMBER
FBI
Atlanta
Dnt S——— §
WANTED 8Y BURF.\U
Fug Index #880873. Du File
111f rec 7-7
*
Atlan ta
CAUTION:
THIS PAGE SHOULD Ne BE DISSE
J T8YD OM
eo iiviD
ee De
Offie Gpne TNvans TIP
g-18-78 263 BJ
o is furnished FOR OFFICIAL USE ONLY,
cord repres:ats data furnisi-od FBI by fintyerprint contributors. \W/i
THER EXPLANATION OF CHARGE OR DI
SPOSITION 1S DESIRED
CHARGE
i i0=58358
D=-78
DRUG USER, FSCAPE RISK
Alias: O. G. Evgns, Arther G. ‘T'vans,
Jame R, ilatthew :
MIMATED OUTSIDE FBI
TP
S
n
desk.
hand.
: EE
.
SMR
x
I hit the hold up button. And so--because it was there on my
-
ny
And So, I saw him coming in the door with a gun in his yo
And--
Q So your testimony--I'm sorry. 1 didn't mean to
cut you off.
A It was based on when he cane in the office.
Q Just take your time.
KR. DUMICH: I have no further questions.
THI. COURT» Okay. You may step down. Thank you.
MR. STROUP: Your Honor, my next witness, Your
Honor, is Offie Evans whom I think is In custody.
SHE ODURT: AlY right. ‘Where 'ls ne?
If any of you ever wonder why citizens don't want
to get involved in things, that is a good example of it.
MR. STROUP: Mr. Evans, would you raise your right
hand?
Whereupon,
QFFIE EVANS
was called as a witness and after having first
been duly oiorn was cxamined and tesilifood as follows:
DIRECT EXAIINATION
BY FR. CU ROUM:
0 Weald you state your Tull name Tor Lhe record,
“5 -114-
of 1978?
0,
please?
A .. Offie Evans. . Cami oe —-
Q I'm sorry. .
A Offie Evans.
THE COURT: How do you spell Offie?
THE WITNESS: O-f-I-i-e.
BY VR. STROUP:
Q Mr. Evans, do you recall where you werein July
A I was in the county jail for a while.
Q What tounty jail was that?
COURT: Mr. Stroup, I'm sure that Mr. Dumlich
will allow you to lay a little predicate by Just
stating that he remembers being in the jail, talking
toc so-and-so or whatever happened. You can do it about
four times as fast.
MR. STROUP: Yes, sir. All right.’
THE COURT: If you have something specific to ask
him, just go ahead and asl: him.
7 HMR. STROUP: I do have a number of ur \ £t
bo
of
=
pos
Ml
tn
- >
R. STROUP:
Q You were in the Fulton Jail County in July of 1978.
:
ht
€ bh
—— a
[28
lsn't that correct?
i ii -
.s . BL 3 es. -
A You, gir, -
Q All right. And vou ware on--3t thas time, wou were
brought there on an escape cha from the HBeral grater, isn't
that correct?
i A Yeh.
t
4 ve IPE - we 7} y 3 EE a TR od 34 + - -~ - a Okay. Do you recall now the names 37 (he arresting
of ficerc? The people who arrested you anc tool you to Fulton
re . ounty Jall.
. } -
A Ho, 1 don't Know hls name,
Q Bhan you were taken to Fulton Lomty Jall, you
wore put into golltury confinement, were you not’
A Yoo
Q (hin. PO You recall Fhow gee Yea rev eoanlirary
confinenent?
. - 2 o- .. - Pe * . AE - de go A Ah livtie bit hetrov 2han a nomth,
i
Q You went there in early July, cm I richie
Do you recall whiz gate now thit vou were HOHE TO
hy - .
Fulton County?
H A It waz ayvorussi the dst, Tidon Ln know I canis
romeo i babs
Q Rirbt aroma Lhednr al duly nang vouifvainined in
solitary vontinomns nant vl about Sarthe drat r ot hnt oriprme at”
A sO IL BN TTA TA Eh 1, Se BB RS BIT FE SE
iy - -} 3 see . 4 NE 3 . \ vis = . . ~ 3 * ‘ NEL rv ivht., Why are Forint Yeu wesw Gn no llihoey
> pire :
i . wl}
,
rd
> -
a
™
V
)
confinement?
A
Q
A
They put me in there.
All right. There was no special reason?
-
I guess because I had come from the Federal Pen.
I don't know.
Q
3
Did you ever during that month and a half that you a
were there in solitary conflinement--did vou ever ask
Fulton Count v Sheriff Deputies why it was that they p
solitary confinement?
were adjacen
A
Warren Mclle
cell.
-
While you were vou in solitary confineme
. 4 oy 74 peg . ~ oy Aes ~ 1x nvr - . t to the cell of Warren McCleskey. Is th
Yer a dove
~ LEE LL NP I
i oy x am} ro pay TE SP + oad m3 : i VC RNG AY] right. And at hia trial in Octobe:
you testified regarding your conversations that you had
skey back in July when you were adjacent
1s that correct?
A
Q
Uh-hum. (ATTirmati ve.
Okuy. What--prior to the time of your t
had you talked with any Atlanta Police Officers about
anubotance or
A
Your conversations with Harren FBeCleskey
Yeah.
any of the
ut vou in
nt, you
at correct?
estimony,
the
Do van reall vho Lhose Atlanta Police Officers
Dorsey?
confinement?
Q
to have one
f A
Q
testimony at
A
Q
investigator
A
Q
A
i! Russell
r
y
McCleskey case come
I don't remember all about it.
Was that while you were 8till in solitary
Yeah.
All How did he come out there right.
Deputy told.
The Deputy was one of the deputies of Fulton County
Yes. 7
All right. Had you asked the Fulton County deputy
of the Atlanta Police Officers related to the
out and talk to you?
1 did that.
Okay. Did you have any conversations with
investigators from the District Attorney's Office prior to your
Warren McCleskey's trial?
Yeah.
Who were the investigators--who were the
or investigators that you talked to?
the substance of your conversation with
~-118-
rn A—— Wri for Sr ot = rm TS ————— ay
AN
f,
A I was explaining to him what we was talking about.
He .asked mé would I 25 to court and all,: "Ti: os at =F
Q When did that conversation occur?
A Around July, too.
Q That was in July also that you had that
conversation with Russell Parker?
A Yeah, I'd say it was July.
It was July or either August, one.
Q All right. Did you tell Russell Parker at the
time that you had pthnne charges pending from the federal
system?
A Ho, I didn't tell him that 1 had that. But the
Detective knowed I had escape charges. y
Q All right.
A That's how he got it.
Q All right. You talked with Detective Dorsey--it
was Dorsey, the Detective vou talked to?
A Yes.
Q All right. And you talked with Detective Dorsey
first before you talked with Russell Parier from the D.A.'s
Office?
A That's riprht.
0 All right. Ro at the time ofl your conversation,
wis there any discussion between vou amd Russell Parker
regarding your escape chargos?
: ~119-
A He asked me what I was doing in jail and I teld
2 Er
him I was in jail on escape. Iw
»
Q Were the federal escape charges apa
subsequently dropped?
3
a
A We:ll, to get it llk« this here, they
"
;
5
i
[8 ob
we ren
charging me for escape. They were charging me with
trust, because 1 had a run-in at the half way ho
.
went home and didn't turn back in.
Q All right. 1 didn't understand wha
-
They charged you with what?
Fe
A They broke it down to breech of fru o&
was at the hall way house. And I couldn't get al
hall way house. So I spolie to the man about it
do nothing about it. I went home and stared at
come and picked me up.
See, T wasn't on the run.
Q Well, there were charges or potential
A Yes.
Q Of escape.
A Pant is right.
Q Po be loaded apgniass you.
A. You.
'n ' PE 1 . ty wo tHe coher over pronto),
y Wars, ef Yip peril Crytpia] heye,
Sat cShraw ons the PFosdepal Pegitont ine ont thee
: -170-
1
breech oO
ovr (ERR E24
and
n he
cand
barges?
Hl
-—
po
you
't really
And 1
at
Lhe
2
a
a
a
o
a
were going to drop the charges.
to drop the charges?
Q Pid Russell Parker tell you
to federal officials on your behalf with
pending charges, the escape charges?
A I don't remember if he told
Q All right. Do you know now
your behalf?
of August or around the first of Septembe » sorewher
that he wou
respect to
me that or
A Yeah.
Q Are you sure that was prior to the time you
testified?
A It was in the last--it would have been the last
‘
committee. - i :
Q. °° When was that? i 22
A That was in August. I think it was Aurust when
1 went before their committee out there and they told me they
Q In August of 1978, they told you they were going
e¢ in there.
1d speak
those
not.
that he did speak on
A I don't Imnmow that now or not.
officials continucunly aince July of 19787
A. What do you menu? Have T been in jald
tr have vou bon relensed at gone
i Fleer Dives Ielonne id,
y a, 211 right. Wien wore you released?
>
fi ~171-
¢ Have vou been in custody of state or federal
since
tine?
then?
™
A January of '79.
Q “" January 571979. ru AT FO EE
And when were you taken back into custody?
A Since 1 was released?
-
’
Q Right. After July of 1979, when did you go back
into the custody of State Law Enforcement Officals?
Po
ny
2
»
A r74.
Q Sometime in 19797
A Uh-hun. (Affirmative.)
THE COURT: Mr. Evans, let me ask you a question.
At the time that you testified in Mr. NMclleskey's
trial, had vou been promised anything in exchange for
your testimony?
THE WITNESS: No, I wasn't. I wasn't promised
nothing about--I wasn't promised nothing by the DLA,
but the Detective told me that he would--he sald he
was going to do it himself, speak a word for me. That
was what the Detective told me,
BY HR. 3TROUF:
C The Detective told vou that he would speak a word
you? -
i Yih,
L has wan Detective Dorsey?
A Yeoh,
« -128-
at trial?
BY MR.
have you, yourself,
murder to you?
A Why do
I thought 1
testified at trial
objection--
relevancy of
THE COURT: Was he cross examined on that subject
MR. STROUP: I don't believe so, Your Honor.
Q Have you-~other than the licCleskey trial,
ever testified that someone had
have to go through all this?
waseconing in here on this
You're taking ne onto other cases and
Q There have been other cases
people have con: murder to you?
; A Have 1 got toc answer that question?
THE COURT: can't imagine what the
relevancy would be. there is no reason why
you should have to answer it except there 1s no
MR. DUMICH: Your Honor, I would object to the
iE Col
eredibilicvy a
i with what this
FR. UROUDP: Your lionor,
ralsed based a Sixth Anendment claim
recent Supreme Court case, United States versus Hanner,
relating to the use of informers and a paid informer:
How, the line of questioning is simply to ive ton
a pattern in thls case Chat amounts to a paid informer
being assiernced 1.0 the Fulton Jail in a situation
there he cuir in one fashion or another elicit
incriminating evidence {rom persons within the custody
of the Fulton officials.
MR. DUMICH: Your lionor, there is no testimony
-
that he was a pald informer, at all.
THE COURT: Not that I've heard.
MR. STROUP: Well, that is correct. It is simply
that what I intend to show is that there ic a pa!
of favored treatment of this gentleman with respect
to pending charges that he has against him in exchange
for testimony that he gives. And while I understand
that he is not a paid informer, 1 think in terms of
the protection te the Cixth Amendment, it is not a
bens Ta a
distinguishable situation.
MR. DUMICE: = Your Honor, 1'd inquire as far as the
: yelevianey oP thig Jin of ogoestiating 18 comeaned is
whether the pattern that be io nttenpting Lo show is
a pattvra that oceinrsred before Hr HeClaskevts trial and
that perhaps may be roegovant opr whether this pattern
. qs .e AAT Ae | ho ¢ | 23 . 1s - 3
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contend if Shire is anything after Mr. McCleskey's trial,
that ‘that would Tot be relevant in this case it a11.” on
THE COURT: Mr. Evans, had you ever testified
in a case before you testified in Mr. McCleskey's case
about something somebody had told you in prison?
i THY WITHES: Ho,
THE COURT: Have you since?
THIS WITHESS: “Yes,
THE COURT: But you had riot before?
| % THE WITHESS : No.
i PHY COURT: What about that?
’ : MR. STROUP: Well, if 1 may speal tao that, Your
Honor, on a separate issue, I think that subsequent-~-1f
it is only subsequent, then oe iz still relevant to the
claims in this case particularly as it relates to the
conduct of the District Attorney in this particular case.
1f indeed as I understand his case, that subsequent
3 To po 3 i» - Wo + }4 « mings 32 vidiv
testimony given is from-~3s for the same District
Attorney and is in exchange for a lighter sentence, upon
bS
charges that are pending.
So on thant issuc of prior uarraugencnyt and Lhe
statements ¢f the Prosecutor, the direct cxumination by
the Proseuctor at trial of Ir. 2vans which with respect
Lo whether any promises haa beor made aed whint Lhe
i proncentor Intended Lo do oan the Lime he cllcited Lhat : -125-
"
A
—
examination or that testimony from Mr- Evans is relevant.
Just "for the propriety of what the Prosecutor himself”
did with regard to the elicitng of testimony from Mr.
Evans regarding their arrangement.
THE COURT: I'm not sure 1 get the point.
IT will let you ask him about it, briefly.
Mr. Evans, I will not let him go into anything
that I don't think will make any difference but if you
have done that again for the same Prosecutor, I think
he ought to be able to ask you about that. So answer
his questions.
BY MR. STROUP:
Q All right. Did you subsequently give testimony
at a trial of another Defendant with Russell Parker as the
District Attorney handling that case?
A Yeah.
Q And that Defendant's name was Wilbert Anderson, is
that correct?
A Yeah.
{ All right. And that trial occurred in May of 1980?
A Yeul,
g- All right. That was--the Defendant in Lhat case was
"
accused of shooting soreone at Lhe Bich's Department Store in
At Yansta, 10 hia correct?
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A": Yeah, I vas picked up for that,” = . ° Tr ?
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And did that supposedly occur on larch the 16th, 19797
A Uh-huiz, (Affirmative.)
Q And were you ever sentenced on that?
A No.
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A (Nods head affirmatively.)
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trial, right?
3 : A Yeah.
Q Okay. Were you ever plcked up and charged with
i the September J0th, 1979 Armed Robbery of Clarence Brantley?
A Yeah.
Q Do you remember that one?
And that charge didn't even otcur until September 10t £
1979, right?
i
A Yeah.
Q And what did rou roceelve on that sentence?
A iFlve Naill'h,
0, Ean it one year Lo serve?
A Yeonh.
| :
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- Eo Pr . . LEP v “wy, ol K - Tr Tut vy 53 AJ - i MeCleskey's cube Was conpiviely over, wasn'i iu? ws dy
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AD7IA ©
{Rev. 8/82)
oe § 7 fi5acite: : ri Y / E: “ Gh (iis DL. i
FI LED IN C1 py OFFICE
IN THE UNITED STATES DISTRICT CURE - - Atlant,
FOR THE NORTHERN DISTRICT OF i
ATLANTA DIVISION / 1989
LUTHER D
By: : » Clog
WARREN McCLESKEY, - :
tty :
Petitioner, 3
vs. $ CIVIL ACTION NO.
1:87-CV-1517-J0OF
RALPH M. KEMP, Superintendent, :
Georgia Diagnostic &
Classification Center, 2
Respondent. ee
ORDER OF THE COURT
Before the court is the respondent on a motion for
relief from final judgment pursuant to Rule 60(b) of the Federal
Rules of Civil Procedure. In that motion the respondent also
asks leave to take the deposition of Offie Evans.
As presented, the motion fails to satisfy the
requirements for the relief sought. There is neither a showing
of due diligence nor a showing as to what Offie Evans would say.
The court believes that due diligence is measured by what the
respondent knew at the time. That would include what the
respondent knew about the petitioner's efforts to locate Offie
Evans. That is not necessarily the sum total of his knowledge
nor do the petitioner's efforts to locate Evans relieve him of
any obligation to utilize resources available to him.
Before the motion for relief from final judgment can be
properly addressed, the court deems it best to allow some
additional discovery on the two issues of due diligence and of
Offie Evans' knowledge. Accordingly, both sides may conduct
such discovery as is reasonable up to August 1, 1988. Response
times for paper discovery are shortened to fifteen (15) days.
Petitioner may depose such witnesses of the district attorney's
office and the Atlanta Bureau of Police Services as he deems
necessary to prepare on the due diligence point.
If during the period of discovery there is a dispute
which arises, the parties are DIRECTED instead of filing written
pleadings to seek a conference with the court immediately in
person or by telephone.
SO ORDERED this 16th day of June, 1988.
- ENTERED OH BECKET wi rrr J. EN FORRESTER
UNITED STATES DISTRICT JUDGE
JUN 17 1388
D.T, CLERK,
~ JDEBUTY CLERK
ad
: 3 : ; i RE A
06d ! HERS fii: g
* ia oe | Go BY nh
Fi ey CLERKS pre
IN THE UNITED STATES DISTRICT COURS: - Atlant,
FOR THE NORTHERN DISTRICT OF CEQ
ATLANTA DIVISION 7 1988
LUTHER p
. By: » Clery
WARREN McCLESKEY, : a
Petitioner, : U1 Clerk
vs. : CIVIL ACTION NO.
1:87-CV-1517~-J0OF
RALPH M. KEMP, Superintendent, 2
Georgia Diagnostic &
Classification Center, 3
Respondent. .
ORDER OF THE COURT
Before the court is the respondent on a motion for
relief from final judgment pursuant to Rule 60(b) of the Federal
Rules of Civil Procedure. In that motion the respondent also
asks leave to take the deposition of Offie Evans.
As presented, the motion fails to satisfy the
requirements for the relief sought. There is neither a showing
of due diligence nor a showing as to what Offie Evans would say.
The court believes that due diligence is measured by what the
respondent knew at the time. That would include what the
respondent knew about the petitioner's efforts to locate Offie
Evans. That is not necessarily the sum total of his knowledge
nor do the petitioner's efforts to locate Evans relieve him of
any obligation to utilize resources available to him.
Before the motion for relief from final judgment can be
properly addressed, the court deems it best to allow some
‘additional discovery on the two issues of due diligence and of
Offie Evans' knowledge. Accordingly, both sides may conduct
PH
AQ 722A ©
{Rev, 8/82)
such discovery as is reasonable up to August 1, 1988. Response
times for paper discovery are shortened to fifteen (15) days.
Petitioner may depose such witnesses of the district attorney's
office and the Atlanta Bureau of Police Services as he deems
necessary to prepare on the due diligence point.
If during the period of discovery there 1s a dispute
which arises, the parties are DIRECTED instead of filing written
pleadings to seek a conference with the court immediately in
person or by telephone.
SO ORDERED this 16th day of June, 1988.
EHTERED ON DOCKET HE FORRESTER
UNITED STATES DISTRICT JUDGE
JUN 17 1988
on eh
TY CLERK
> i J |
FILED IN CLERK'S OFFICE
IN THE UNITED STATES DISTRICT COURT bs
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
BERNARD DEPREE,
Petitioner, :
CIVIL ACTION
vs.
No. 1:85-cv-3733-RLV
LANSON NEWSOME, Warden,
et al.,
80
00
2
#0
00
GU
0%
an
et
98
Defendants.
The respondents' motion to take the deposition of Offie Gene
Evans is GRANTED. The respondents will give the petitioner at
least 10 days notice prior to the taking of the deposition.
SO ORDERED, this [3 day of June, 1988.
re
United States Distric
ROBERT L. VINING, JR. /
Jéadge
Pn,
MR. PARKER: You may come down, sir.
Call your next witness,
Call Cffie Cene Evans. HR. PARKER »e
OFFIE GENE LVANS,
weing first duly sworn, was exanined and testified as follows:
BY “PF.
4,
A
G
A
Q
A
Gr
Atlénta
A
Q
PIRECT EXAINATION
PARKER:
Sir, would you give us your nane, please?
&
Uffie Cene Evans. ‘
Ba RE
will you pull up and talk into the microphone, please.
Offie Gene Evans.
All right, sir. &nd, Nr. Evans, are you an
at any location at the present time?
Yes, at the Atlanta Federal Penitentiary.
All vight, sir. And how lorw have you been
Federal Penitentiary on this stay, sir?
Ever since August the &th,
And prior to August the 3th where were you?
ay .
In the Fulton County Jail.
inmate
at the
And would you tell us why you were in the Fulton
County Jail?
I=
I had an
incident at the halfway house and
charged me with escape status and took me out there.
THE COURT: Can you all hear the witness?
“if JUROR: Not clearly.
~-058~
they
victed for a number of crimes,
A
Oo
burglary in
A
£%
Q
a concealed
) +
3
( “hem
Sar - wat
You stayed there about a month?
Stayed there until August the 8th.
All right, sir. tow, :I'y Dvans, you have been con-
A
have vou not?
Sy Yes, sir.
Sir, back in the vear 1953 were you convicted for
tne State of Georyia?
Yes, sire
Do you recall what type of sentence you yot? __
Three years,
Would it have been three to five veere?
Yes, sir, three to five,
ljere you also convicted in the year 1455 for simple
’
Yea, sir.
DO you know what tyve of sentence vou ot there?
I got & twelve nontih probation.
iiow, in the year 1959 were you convicted for carrying
i}
veapon and carrying a pistol without a license?
Yes, sir.
DO you recall what type of sentence vou got?
welve months,
‘lias that straight tiwe?
Yes, sir.
Sir, in the year 1961 were you convicted for burglary
in the State of Georgia?
Fo Yes, Sir.
Q po you recall what type of sentence you got, sir?
A I got probation for that. :
NX) All right, sir. And were you on previous probation
at that time?
L I disremenber [sic]. I don't think I was, though.
5 All right, sir. How about the year 1962, were you
convicted for burglary, sir? : ro 2
Ek Yes, Sir.
Q Do you know what type sentence you got that year?
a I think I got =-- I got probation for it, I aidn't
get no time for it.
rd
0 tjould you have perhaps got between five and seven
years, sir, that would have been concurrent with the forgery
count?
i Yes, sir.
eo 3ir, in the year 1368 vere you convicted for Federal
iaail theft?
REC Yes: igor
iR. GRLILEY: Your Honor, that is a leading question
ana we object to nig asking leading questions,
THE COURY: It is leading questions, but I will let
vou lead this witness in this one instance.
6 {iv Mr. Parker] Do you recall what type of sentence
-96)-
het og?
t
Q What, if anything, have you asked me for testifying
here, sir?
A I haven't 2xked you for nothing.
0) Do you hope to gain anything, sir?
A I don't == ain't nothing I could gain because 1
done did ny time anyway out there.
Q How much more time do you have, sir?
h January the 26th.
Q Have vou been prosecuted for that escape charge,
six? pe
A No, sir.
Q Are you hoping that you won't get prosecuted?
p- Yes, sir, I hope I don't,
Q Wow, lr. Evans, ¢o you know Mr, Depree?
A Yes, sir.
Q And do you sce him in the courtroom today?
A Yes, sir, that's hin sitting right there,
4 that is he wearing, sir?
A Brown pants and a brown shirt,
{R. PARKER: lay I have the record reflect he has
identified Defendant Lepree?
“hE COURT: It the record so reflect,
Parker] ‘Could you tell us how long you
nave known him, sir?
A Ever since about '64,
G6 3=
Pr
og
ra
,
you got then, sir?
A I got two years.
Q How about the year 1973, do you renemnber any con-
LJ
victions that year, sir?
A Yes, sir.
0 Do you remember what it might have been?
A I get five years.
Q And what was that for, sir?
A Possession of stolen mail. : : —
] Bll right, sir. And how about possession of tools
to comnit a crime, do you reneinber anything about that?
A Yes, sir. |
Q hat type of sentence did you get on that, gir?
A I didn't get no tine ‘sor that.
Ci all right. Now, you are under Federal sentence
now for what, sir?
A his is the one I got in '73, possession of stolen
mail,
an
& what type of sentence gid you get?
A A six-year sentence.
0) nnd what are you serving time now for, sir?
£ I aid on the same sentence.
have you ever been officially charged with es=
cane when you walked away from the halfway house?
A ¥o, sir, I hadn't been charged with it.
-962~
Q Since 19647
A Yes, sir.
Q Have you carried on conversations with him?
A Yes, sir. E
RQ Is he more than just a casual acquaintance?
A lot as far as I know.
ie Mr. Evans, while you were in the Fulton County Jail
cidé@ you ever have any conversations with Mr. Depree?
A Yes, sir, I had sone. : =
Q Did you ever have any conversations with Hr, McClesky?
A Yes, Sir.
Q Could you hear licClesky and Depree talking back and
forth?
A Yes, sir. ’
pid you tell anyone what you hac heard, sir?
A Yes, sir.
QO would you tell us who you told?
A well, I told the deputy. The deputy heard it and he
~
askeé me about it, so 1 told hin. he asked me that if he called
the homicide detectives would I tell to them, anu 80 1 told him
vean ®
0 And did a homicide detective come cut and talk to
4 Yes, sir.
C And vhec was that, sir?
-964~
ne Net
$
A re. Zlarris and Lorsey.
0) And have you seen ne hefore, sir?
A Yes, sir. a
{2 - kLhere have you seen He pefore?
A You come cut there,
\2 So the Fulton County Jeil?
A Yes, sir.
¥ iiave you seen me anywhere else?
A Mo more than down here. : rand
) How about the Atlenta Police Station?
A Yes, sir. That's rioht, 1 seen you down there,
LK Now, Ir. Poane, can you tell us 1f you have ever
heard tir. Depree say anything te licClesky about rcClesky putting
Rl
Cepree's name in a statement?
2 Yeah, he asked !icClesky why did he indicate [sic]
him in the statement when he knowed
fied.
£) le said what?
that he coulan't be identi-
A He asked McClesky why did he put him in that state=-
nent when he krowed that he couldn't be identified.
We 2ll right, sir. Did
ahout any statement thet Hr. ficClesky mignt h
Mr. Depree say anvthing else
ave nade?
hadn't did nothing wrong to hin for hin tc indicate [si
in that indictment, and he said 10w would
~965~
he feel 1£f he
asked MeClesky, he told ticClesky, gald that he
was to
co on and tell that licClesky was the Sani Jthe triggerman in
that robbery.
0 iow, did you ever hear Depree say anything about =--
MRes WASHINGTON: Objection, Your onot, he is lead=-
ing the witness.
MR. PARKER: I will rephrase the question,
G [By Mr. Parker] Can you tell us if Depree ever said
anything that you overheard concerning visitors with Mr. Depree?
A Yeah, he said he thinks that the reason that his
girlfriend hadn't been out there to see hin is because he thought
that nary mignt have said something about that they split the
ricney up at her house,
OQ At whose house?
A His girlfriend's. ,
4 Can you tell us if you ever heard Depree ==
IfiRe WabLliINCTON: Objection, Your lionor, he is lead-
ing the witness,
MRe PARKER: Hay I finish the question?
Tull COURT: Yes, sir,
9, [By tir. Parker] Can you tell us if you ever heard
Depree tell licClesky anything about len Wright?
IA Yeah, he said that -- he sald it once, that he hoped
that Len was going to get caught before they go to court, because
‘ne might would tell how that thing went down, and he said that ne
hoped that nine out of ten in the case of Ben they were going to
-G66~
kill him anyway.
8) This is what Depree saia?
A Yes, Sir. P
Q pig you ever hear pepree talking to 1ieClesky about
any other individual out at the Fulton County Jail?
|
A Le said that he hcped that this other guy, I think
his last name was burnhey, don't wet weak and make no deal with
the L.A. or Court or nothing like that, but he couldn't get a
chance to yet to tell him about it. ‘
MR. CAILEY: Your honor, we object to anything
further that he could have sald about that, because it
violates iir. Burney's rights to confront 118 accusers.
Let them put those people on the stand and ask them if
they said that. ?
THE COURT: All right. I will == do you want to
be heard?
;
ifR. PARKER: Your Honor, I don't think it's any |
violation of anybody's right. ue sinply is stating what
Be
:
he overheard lr. Deprec gtate.
MR, GAILLY: Your HOROL, could we continue this
cutside the presence of the jury?
THE COU
2s I think I know what your argument is
ng tO DCs
Ladies and gentlemen, I will let you bo to the jury
rooms I believe you need a little exercise anyway aiter
gi 4 Sarid
lunch.
(Whereupon, the jury retired from the courtroon,
after which the following proceedings were had.)
Y¥Rhe GAILEY: We would object to any further evidence
as to what was said about Mr. Burney. Hr. Burney, if it
concerns him, he has a right to confront whoever said it.
Anything concerning tir. Burney, we think they should be
made to put that person on the stand, and we would object
to any hearsay about it. That violates his rights.to con-
front his accusers.
ThE COURT: who said that about Hr. Burney, Depree
or McClesky?
THE WITHESS: I didn't understand you.
PHL COURT: Who were you quoting a minute ago, Depree
or McClesky?
THE VITIESS: Depree.
THE COURT: Depree?
IiR, GAILEY: In that event we would like to make a
wot ion to sever at this point in time if this is going to
becone an issue.
THE COURT: I will deny that motion,
how, getting back to your first motion ==
MR, PARKER: Your Honor, I don't insist upon ic, 1
will just stay away from the whole thing.
TAE COUT: I believe there is some danger. lie can
-968~
confront this witness, but he couldn't confront Depree
unless Depree takes the stand, so rather than take that
chance I will sustain the first cbjection and overrule
F |
the second one, if it is still a motion.
All right, bring the jury back.
[Whereupon, the jury returned to the courtroom,
after which the following proceedings were had,]
THE COURT: I sustain the last objection, ladies
and gentlemen, and you will disregard what this witness
says as applies to == disregard the last question and
answer just before you were sent out of the courtroom.
2ll right, proceed.
MR. GAILEY: For the record, may we make a motion
for mistrial in this natter? ’
| THE COUR: Do you want me to say anything further
to the jury?
MR, GAILEY: Wo, sir, just right now to have it on
tne record,
"HE COURT: = Proceed.
"Re PARKER: I believe that is all I have.
CREUE=-EXAMTMATION
CY “ine 3ASEINGYCHS
a ure Evans, vou have spent a lot of time in the peni-
tentiary, haven't you?
A Yeah, 1 have heen there several times.
~969=-
<
r, ne
Ae
Nt td .
!
5 “he deputy came to you about this conversation
natter, didn't he?
A Yes, sir. ;
4, Do you know Den Wright? j
A Yes, sir, I know him.
Q Pretty well?
A Yes, sir, pretty well,
Q As a yeneral rule, prisoners don't testify against
each other, do they? , oe
A Well, I think if one wanted to tell the truth he
could if he wanted to.
Q but usually there is something to be vained from
them doing this, isn't there?
A Well, I am just tell ing you what I heard and I
ain't adding nothing to it and I ain't taking nothing away
from it, so what cones out of it, it just cones Out of it,
biRe WASHINGTON: I don't have anything else.
“Re PARKLR: Your llonor, I do believe that I should
bring sowethiny to the Court's attention and the jury's
attention,
ouE COURT: Outside the jury's presence?
Mk. PARKER: Yo, sir, in their presence. I think I
should do it outside lr. Evans' presence.
examination of this witnese,
~970~
€
"HR. GRILLY: For the record, we don't have any cross-
g
e
THE COURT: ir. Evans, you may go to the witness
room with the Sheriff and wait.
(Whereupon, the witness retired from the courtroom,
after which the following proceedings ware had.)
I'R. PARKER: Your Honor, for purposes of the record,
I would line to state that following Mr, Lvans' testinony
previously, I have contacted the Agent with the Federal
Bureau of Investigation to determine if he was going to
continue to press charges of 50RD I have not asked him
tc drop charges of escape, but I believe he is going to
act on that information I have passed to him, that is, Mr.
Evang did testify once before, and I con't believe that the
Federal charges of escape, the latest Federal charges, will
be processed against Mr. Evans. That has not been a condi-
tion of Mr. Evans' testimony, but I believe that informa-
tion shoulé he brought to the jury's attention,
Now, if they have any further cross-exanination on
that, that is why I wanted to do it outside Mr, Evans’
presence.
HMR. GAILEY: We have nothing.
MR. WASHINGRON: licthing further.
THEE COURT: All rignt, czll your next witness.
‘Call nr. Oliver.
COURY: Who?
HiRes PARKER: Mr. Oliver.
-371~
» : AP oy,
BE MR. TURNER: ' Thank’ ;
MR. PARKER). May this witness be excused? Ea
THE COURT: Call your next witness, :
MK, PARKER: Call Offie Gene Evans,
OFFIE GERE EVANS,
being first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION »
BY kK. PARKKDKS
C ir, would you give us your name?
A Offie Gene Evans,
", Mr. Evans, where are you living at the present time?
A Out at the Atlanta Pederal Penitentiary.
Q And how long have you been there, sir?
A About three months,
y All right, Bir. Are you serving & sentence out there?
A Yes, sir.
u And what type of sentence are you serving?
A Six years, . .
Sir?
Obviously th
correct? a i = :
A That's right.
:
Q sir, were you convicted back in 1853 in Pulton County
for burglary?
A Yeah,
bh) C Do you recall getting a three to lve yeer sentence
out of that?
b That's right,
¢ ir, do you recall getting convicted for larceny from
the house in Fulton County in 18557
A Right,
Q Do you rerember yetting a twleve month sentence out
of that?
i Yes, sir, gE
2 Sir, do you remember getting convicted in Fulton
County in 195% for carrying a concealed weapon and carrying a
in
pistel without & license?
h Yes, sir,
Q Io you know what type of sentence you got on that? 3
A Twelve months, = |
i RE 0 Cn jetrz uk
A Yes, sire. ial
{0 1961 in Fulton
Did you get probation on that?
Yeah,
¢ Did your probation —=- was your probation revoked
sometime later?
A ho, sir, it wasn't revoked.
© Lo you also remember getting convigted for burlary
and forgery in Fulton County in 19627?
A Yeah.
QO Did you get convicted tor theft from the United
States mail in Atlanta in 1v67?
A Yes, sir.
Q. Now, during July of 1878, where were you, sir?
A Out to the Fulton County Jail,
4 And what were you doing out there, sir?
A I hau an incident at the Halfway House.
CQ Bir?
y\ 1 was at the Halfway House and I had an incident
out there and they took me out to the jail,
Q The Halfway House, is that the Federal Balfway
We A - Th Ee wii. 12
CORP: » mo}
g
e
,
i
im
a ar
»*
th
ge Here you charged vith escape? . 2
» 5
That's right.
mised you anything for testifyl
C Mr. Evans, have I pro
today?
:
3 :
A no, sir, you ain't.
3 \ Q You do have an escape charge gtill pencing, is that
correct?
:
A Yes, sir. I've got one, put really it ain't no
escape, what the peoples out there tell me, because something
» went wrong out there 80 1 just went home. 1 stayed at home and
when 1 called the man ang told nim that I would be & little lat
coming in, ne placed me on escape charge and told me there
1 just stayed on at hone
wasn't no use of me coming baci., and
and he come and picked me up. p
i : ¢) Are you hoping that perhaps you won't be prosecuted
ol for that escape?
wed A Se I fgenits but I » don't —- what they tel]
ey ry to £ix it so you wouldn't
ets a 4
ag
t up
gh
cell ri
ould try to fix it for you?
Now, did you ever Carry on any
in 3
I have seen him,
personally?
as he?
ve stairs, ‘up
tren Mcllesky,
Do you know him
9 <
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HOw about any other individusl in that area, dic you
4 DO you see him in the courtroom today?
€¢ in the cell next to you?
Did you ever see that person?
there {8 he sitting?
Yeah, with Bernard Dupree,
Do you know his name?
Have I told you I w
Kuat {sg he wearing?
Yes, sir.
Yes, sir,
Right there,
A white sthilrt °
Ail right, sir.
Yes, sir.
G
LJ }
(And where w
notice anyon
Carry on other conversations?
conversations with him?
All right, sir. Yow, aid you’ ever enter into
conversation with Mr, McClesky as to who shot a police officer?
A Yes, sir,
¢ And did McClesky ever tell you anything?
A Yes, sir.
Lc khat ¢id he tell vou?
A we talked around there about two gr three days and
we got into & conversation about Ben, and so he =-- of course, 1
told hin that I Knowed Een real good, ané that we used to be
together & 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 s0 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 the place out a few days before they
robbed it, but then they went back to rob fit.
{ Lid he say anything about who shot the officer?
h ke said he was in there when the police come in, but
like the police wesn't expecting no robber, but said after he
seen the police come in and he was heading towards the other
three, what was in the court == I mean in the Place taking the
BS -—
ihe ai robbery off, he said that he couldn't stand to, see hin go down Bar 1
LA
nd I xhink the police pore around ana seen him and
og
i
a
i
l
1
D
O
R
L
i
s
s
vy
5.
A ER ae ARE Fr i Ra gE Re St
“bia you all ever Bave’ any conversatlon out any
Ah
abit
. a y p ? he lt PER art p ik?
Li ha ia
A Yeah,
Q Could you tell us about that? :
A Yeah. Be said that when he first went there, he
went in just his regular disguise. he said when he went back to
take the robbery off he had been made up kind of slightly with
a make-up kit,
¥ Cid he tell you who did that? ®
A He sald Mary did,
G Did he tell you who Mary was?
A Ben's girl friend,
G Did you and Kr, McClesky have any conversgation about
Ben Wright getting kilied?
A Yeah, he gald him and Dupree was talking and he said
if Ben wot killed that woulda be nretis good, it would be more
lighter on then,
€ Lid you have any conversations with Mr. KcClesky
about other officers that might have been there?
A Yeah, He sald it would have been the same thing
if it had been a dozen of them, he would have had to try to
shoot his way out,
{
: . MRe PARKER; Your witness, - | |
’
" ; ¥
p * 4 re " ~- f a
Bs Bi CROSS=EXAM INATION ak
Ha
rd
en
a
5" - BY MR. TURNER:
ie oe N W
"Bow many years have you spent in jail all total? TREE Tos PAR a We SU ie. RCE oe
wh
“
I don't exactly know,
C It's been that long?
Yeah, you can say that,
Q Are you a professional criminal?
& Well, I wouldn't Say it, because I haven't did no e- I haven't did no terrible crimes or noting like that,
Q You don't call burglary a terrivle crime?
A NO. What king of burglary it kag, sec, {t was a : Gifferent kina. 3 ain't never did no Kind of burglary where jit
R
e
OT
caused nobody to get in trouble or notliing lire that, you can
look &t the recore any tell tnat,
4 YOu Ss8y you have gotten s0 much time You can't
remember, so apparently gonebody thought these burglaries were
important, didn't they?
£ Anyway, I told what I knowed avout the burglaries
anc ell of that. It ain't going to Change different, if 1
in jail fifty or sixty years,
got to tell,
done
stayed
I have done said what I
Q why did you inform on what you overheard?
A The deputy out there heard us talking,
¢ Which deputy? ESE 5 i! ~ B
he X Gon t know his name, but 3 know |
“the way he spoke 4) res he Xnowes ©
Eg
that Y bag been mes ing ics
The deputy heard me talking, heard us talking about
it.
Q What did he hear you all saying?
I What I just got through talking about, just & whole
bunch,
8, vas that the deputy who just walked out of here?
A No, it wasn't hin, but he probably heard something
hisgelf, too.
:
" Now, whet day was this conversation made to you on? A
' Around the =-- around the 8th or the Sth of the month
of Jenusry =- I mean July,
{ Okay. iow, you all were in 80litery, weren't you?
A Yeah,
{) What were you doing in BOlitary? :
A 1 was put in there when I first came fram the street,
tiey juet put me in there straight from tne street.
0 Low, GO you know how long wr, HcClesky had been in
solitary confinement?
8 He gaid he had been in there about .a month or going
on two mcnths,
: Q Tell us about solitary confinement what is that like? ¢
: be Ree Cen THE COURT: "You mean at the Fulton ‘County Jail?
i Q (By HE. Turner) At the Fulton County Jalil?
Rid
Just single cells 8ide by side.
ai ES
A About five feet wide and eight feet long,
Q How many people tc each cell?
.\ Open on the front. One to each cell.
Q What kind of privileges do you have in solitary?
A You don't have no kind of privileges in there, no
nore than you can just talk tc one another.
Q You all talk a lot in solitary, don't you?
A Yea!li.
Q Talk about everything, don't you?
2 Yeah, we talk about yuite a few things.
Q I mean, what else is there to Go?
A othing but talking, or you just Xeep your mouth shut
one.
%, You do one or the other, right?
A Yea.
( You say you Know Kr, Ben wright, is that correct?
A Yeah,
¢ nhiere do you know hir fromp what does your realtionship
go back to with him?
I 1 knowed Ben from the penitentiary and in the strect
as far as seeing him, not to run witr him or nothing like that.
aa 3 You never committed any robberies with him?
A Ho,
What about burglaries?
Eo eral 5 Noy I ain't never did nothing with him.
. jt TE
FU
CA
LR
B
o
1
.
a
w
d
r
a
;
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ve
But you are’ just good friends?
Yeah, we arc.
Were you all running buddies?
A Me and hin were just what you call welking partners
lewicevilie, Ag far a6 running {in the street -=-
what is & walkiny partner?
Just people that be together,
Lil the Ling?
Ko, not &ll1 the time,
How much?
1'c say eout elght houre & day, souethine like that.
What?
ADOUL elgnht hours a cay on the working =-
Apout ei1gil hours & cay you &ll woulda spend with
each; other, 18 thet whal YOu ére saying?
YCé&ie
pow lonu dad you spenc eight hours a day with
‘Mr. hrigut wnille you &il were in Reldsville?
About three years,
So you got a chance to khow Mr, Ben Wright quite
As far as in the penitentiary I did,
@ Did you all become friends? °°
aw x
© I wouldn't call that no friend,
’
spent eight hours a day for three ysars and you
-
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checked
ed
kit,
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wa bE
cnech
¢ tc you?
p
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e while these
he
You can't be friends
ake-up k
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ne say he had
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told you that he ha
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n't say exactly.
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McCleskyv
tell me about the
Now, where was Mr.
now how the penitentiary is, you have to
he said
-
say kr.
how, how many
You }
you
ight,
ow,
s all
don't koow, because 1 couldn't pee }
at!
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I Just told you what he said about the make-u
bout
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Ale you sure &bout that?
But you are positive that
1 von't know, he
KO doubt?
low,
A
That's right,
Tell me again,
okays
“mm
be with somebody all the time,
out the place & few days vefore?
are not friendsg?
with everybody,
conversations
it out before?
upstairs,
A He sald when he went in and checked it out he was
in his regular disguise, that when he went back that is when he
had done had a sketch with a make-up kit.
Q When he went back. When did he say he went back?
A Oh, when the robbery come off,
4; SC on tine day of the robbery he wae made up?
A That's what he told me, Whether be was telling the
truth or what, thet's what he is saying
¢ Are you saying ne was lying tc you, now?
A I gon't know what he was doling, 1 am telling you what
he said.
4; He said Mary Jenkins wade hin up, is that right?
A Yeahs
{ Bow did he say he was made up?
FA faild he had piimprles In bis face kind of like he had
bumps in it,
Q Tell me about that,
A l just toula you,
¢ Did he describe what else he had on?
A Said he had a scar fixed, I think he had & scar on
, his face, slignt, oti . :
Q anything else?
5 | : : A . No, nothing about that, i ; % tN ie :
ey Q What about glasses? . WER ELL TEE
- i — pn .w
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x hk afk AN. wo mah ane
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it would be
police, was
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about it.
im?
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nhc were they saving should
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y
bout
E, they weren't suggesting that they
v
4
Gid they say
ievec that when they catch Ben they was going
You didn't ask hin when?
how, what svout if ben got
7
st said it would bg =—- he seid that he believed
nobody looking for him but the
else
what is this about sho
Q thétl cone a
| and bupree was talkin
He didn't say when, but I guess it was the same day
H1ir
ha
duh=-uh [negative],
Okay.
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Whoever run down on him,
Who was going to run down on h
What about a hat?
Euh=-uh [negative],
In other wore
Okay.
i
ne Ju
Wasn't
Now,
¥i
ir, &nd he szid that it they do that, it will be little
111 nn . );
shovld kill him then, is that it?
when the robbery come off,
nore better on us it they would,
lighter, how 4d
~« Dupree saiuv he belij
Kill nim?
to
A He said he didn't Y ive he Sere choles’ Fe would
have had to shoot his way out if it had been a dozen of thes.
Q How, you say the deputy overheard this, right?
A He heard us talking about it and everybody in jail
knowed about Ben, so that is how it come about, and that is why
1 ax here richt now,
Q Okay. 50 the deputy came up to you and said he
wanted you to tell what you sll were =-- gid a BEX yOu ==
I Yeah, he asked me what did I know about it, about
what was going on, said it sounded like sa conspiracy.
¢ What did you tell him?
A I toicd G
C
.
him what we was talking about. He maid dig
I want Lire to cell Homicide, would I tell ther thet. 1 said
yeah, s0 he called then,
Q Wnat were you expecting to get out of that?
A Just like thet I had been tali.ing to Ben and some-
thing like that,
Q Had they considered You as 8 suspect in thie?
A It could have been led me toc one, -
OQ 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, * Piel!
Q How would that make you a suspect? n
3 A It gould make me a jSonspiriver, couldntt it?
> QL Bo tn sport, you, were interested in covering
Ew
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own rear end at that point, ts that right?
A Yeah,
0 SC you cooperated with the deputy in order that you
wouldn't have any hassle in this, is that right?
A Yeah, you can say that.
€ Bow good a friend are You == do you know bery
Jenkins? A
A ho, I don't know her,
C Would you like to help Mr. Wright?
A 1 ar just =~ whoever {it helps or whoever it harms,
I an telling you what I know, I ain't got no pity for nobody on
nothing like that, I am telling you straight what I heard, hut
as far as helping Ben, it don't make no difference, and whether
it don't help nobody, it don't make no difference to me,
¢ YOu s&81¢ you would not like to help your friend,
Mr. wright?
A Like I said, I am telling ft straight, whoever it
helps, it helps; whoever it harms, it harms.
”~
(Q Have you seen Mr, Wright out at the Fulton County
jie
When did you gat moved? REE eh ATS
<n
»
August the 1dth,~ hk Ee x a 2 2 a
August the 14th
Wo
?
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p
r
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A
Beh
Bre
I don't think he had,
Have you Communicated with him?
A
charge, 7 wouldn'¢
there waan!
t no escale Charge, :
Q You had left without permiggior, —_
a
{ FE0S
f=
Fn
A Yeal:,
Fak
f
fos
pit Q =~ &n that escape?
a
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ES
A But you don't know how 1¢ went down,
£5 bet To, und ha they do,
i Q Those charges are still Pending againg: You, aren't they?
A Yeah, the charge 1g Pending against me, but I ajn'y been before no Grand Jury or nothing like that, not yet, Th
gy 1 of that comes after this Case, ig that right?
cute, it do, because it's been four aka
h
At ‘yet,
= a
MR. TURNERS Ho further questions, 3
MR, PARKER: I nave nothing further,
THE COURT: You may be excused.
MK, PARKER: Your Honor, 1 have one witness, but
ne hasn't arrived yet, and then I will rest, He is coming
from Powder Springs so it may be some time,
THE COURT: Do you have any idea how long {it will
be pefore he gets here? +
MK. PARKER: Well, he has been on the way apparently
thirty minutes, but he has to get somebody to keep the
store for him.
TRE COURT: Well, I believe == do you have any More
evidence atter thet?
MK, TURKER: No, sir, Your Honor.
THE COURT: All right. Let's take 2 prief recess,
dies and gentlemen, and not go to lunch quite yet so if
the witness gets here we can be sure to get him on and then
we can go to lunch.
(Whereupon, the jury retired from the courtroom, and
a short recess was had.)
THE COURT: All right, gentlenen, are you ready to :
proceed? AR
ro
ah
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y
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i
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MR, TURNERs Your Honor, boty tol jury comes in, I
#
-7 0 would have a motion to ‘make on the next Vitness.- As I
= understand the next. witness, it will be the proprietor, or /t +3
J
< 53
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a statute. We'll certainly waive his
presence for the stipulation, assuming he's
on the way back and it's just a matter of
his coming, I think we'll waive his
presence.
THE COURT: Open the door, Mr. Stroup
and see if they're in there. I heard
coughing just a moment ago,
MR. BOGER: There were witnesses to
whom 1 believe his presence was quite
important.
THE COURT: Well, he's been here except
for the last five minutes.
MR. BOGER: That's correct. If the
Court is inclined to wait, I'll be -- that's
obviously fine by us and the client --
THE COURT: Apparently he'll be here in
a minute or two, Just go get worthy and
let's get him sworn and we'll be ready.
Come up front to be sworn if you will.
(Whereupon, a discussion ensued Off
the record.)
Whereupon,
ULYSSES WORTHY,
having been duly sworn, was examined and testi-
24
25
fied as follows:
EXAMINATION
BY MR. BOGER:
Q Mr. Worthy, what's your current
employment status?
A I'm clerk at Spellman College,
Q All right. And prior to 1981 what was
your employment?
A Fulton County Sheriff's Department.
Q What was your role at Fulton County
Sheriff's Department?
A I was a captain of the day watch in
charge of the jail detention.
Q That's at the Fulton County Jail?
A Fulton County Jail, yes, sir.
Q And captain of the day watch meant
what? What was your basic responsibility?
A Supervising of the employees and
inmates.
Q How long did you serve at the Fulton
County Jail?
A Approximately 19 years, 18 or 19 years.
Q And how long were you captain?
A Twelve,
Q All right, Do you recall an inmate {in
=. i146 =
§3
=
0
9
on
24
25
your institution in 1978 named Offie Gene Evans?
A Yes, 8ir I recall the name.
Q Okay. Do you remember ever having
conversations with Mr. Evans yourself?
A Yes, s8ir, I remember talking with Mr.
Evans. The nature of the conversation I just
I el
can't really remember at this particular time.
Q Do you remember whether you ever spoke
with him about the death of police officer Frank
Schlatt?
E—
A I believe we did mention that.
Q Did he ever tell you -- were You in the
Presence of any other official, State -- City of
Atlanta, Atlanta Police or District Attorney or
someone from their office?
A You mean during the course of that
particular conversation?
Q During those conversations.
A 1 really don't recall during those
conversations.
Q Let me be more specific. Do you recall
any time when you may have met with Mr. Evans ang
Detective Sidney Dorsey?
Ee Yes, sir, I believe so.
Q Okay. And do you recall during that
= 147 2
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conversation that you think you recall, whether
SS m——
Or not you discussed the McCleskey case or the
S8chlatt murder?
A If I can remember correctly, that
conversation was brought up between Detective
Dorsey and Mr. Evans. If I can recall.
Q And you were simply present, you were
not a participant?
A No, I was not a participant. I was
present.
aa
Q Okay. Were any other people there at
that time or was that the three of you together?
A I don't recall whether his Partner was
with him or not. I really don't know.
Q Okay. Do you recall Mr. Dorsey saying
to Mr. Evans that he wanted him to -- let me
withdraw that question.
Do you recall whether Mr. Dorsey asked
Mr. Evans to listen to what he heard in the jail
from those who may have been near him?
A No, sir, I don't recall that.
Q Do you recall whether he asked him to
engage in conversations with somebody who might
have been {in a nearby cell?
A Seems I recall something being said to
/
HAH
A that hell, 1 Mr. we
2 : Q okay.
3 A But I'm not sure that {it came from Mr,
4 -- from Detective Dorsey or who,
5 Q In other words, somebody present in
6 that conversation said that but you're not
7 certain whether {it was Mr, Dorsey or perhaps his
8 partner or somebody else there?
9 A I'm really not sure.
10 Q Okay. Did Mr. Evans, to your
11 recollection, agree that he would do that?
—
12 A I'm not sure.
13 Q Now, during earlier proceedings in this
14 case Mr, Evans gave some testimony, I'd be glad
15 to show it to you if you'd like to read it, in
16 which he said at one point Mr. -- Detective
17 Dorsey promised to speak a word for him.
18 M8. WESTMORELAND: Your Honor, I'll
19 object to getting back into the Giglio
20 issue again.
21 THE COURT: If the purpose 18 refresh-
22 ing his recollection only, I'll allow it,
23 it it does.
24 BY MR. BOGER:
Q That he would speak a word with him 25
Pending Federa) Charges jf he gave testimony against My. McCleskey at trial, Do you recall Whether
Detective Dorsgey 8aid that during this Conversation?
would serve as a listening post during any of the Conversations with Mr, McCleskey?
A I don't recall that, gir.
Q So generally your testimony is then, as I Understand it, is that You're not Sure about
those Aspects of the conversation but You do
Dorsey resent ang Perhaps gope Other Officer
Officers asked) Mr, Evans to engage in
Conversations with McCleskey who was being helg
Nn the jail?
A I believe 80,
a
— |
Okay. Now, dig YOu ever h € any
Dm
Bubs uent Conversations Where -- or ubsequent
Y———
—
cn —
Meetings with Mr, Evans where he Leported back to
—
CS ——
faa
—
@ither Mc, -- Detective Dorgaey or his Partner?
—
—
er
an
.
5
A If I'm correct, I believe that he had
requested to call them. 3
Q In other words, this meeting Mr.
Evans requested(at some later) occasion 0 call
those detectives? "
A Correct.
SsS ;
Q And they cane(back)out and met with him
or what?
A Well, they were out several times.
—
Okay. And do you remember at one point
Russell Parker or Detective Welcome Harris coming
and using your office to interview Mr. Evans?
A Yes, sir.
[ —
Q Was Sidney Dorsey there on that
occasion?
A I can't remember.
—— te
Q You weren't present during that
eeting, were you?
A At one time I was in the office but 1
wasn't part of the meeting.
Q Okay. And so that may well have been
the occasi u're talking about where Mr. Evans
called ubsequentl and came back -- they all
came back out?
A Could have.
|S2
1 Q Now, Mr. Worthy, was there ever an
2 occasi during your twelve Years as captain
3 where Cl) Police would ask to have someone placec
4 in a cell near another person on the
5 understanding that one of the people was likely
6 to listen in on the other inmate and maybe get
14 some information that would be useful to the
8 police?
# MS. WESTMORELAND: Your Honor, I
10 would object unless it's related to this
ll specific case. What may have happened
12 ln other cases is totally irrelevant.
13 THE COURT: Overruled.
14 BY MR. BOGER:
15 Q You can answer.
16 A Yes, I have had that request.
17 Q And when a request like that was made,
18 would you honor it?
19 A Yes, sir.
20 Q Okay. Did that request need to be from
2k Louis Slayton or the head of the Atlanta Bureau
22 of Police Services or could any detective or
23 person make that kind of request?
24 Usually it would be determined by the
25 that's handling the case.
- 152. ~
Yes, Bir.
Who made the request?
23). really don't know, gir.
And wag Mr,
Mr, McCleskey?
The Officer
a — MR, BOGER;
Excuse me one 8econdq, Your Bonor,
(Whereupon,
a discussion €nsued off the record.)
MR, BOGER; No further questions,
THE COURT; Okay, Cross,
EXAMINATION
24
25
When was that request made and by whom?
I don't know exactly who made the --
Aa BEES lk
| who asked for the request but during this
[4
particular time there were several interviews of
Mr. Evans by various officers.
All right. And --
And the exact one that asked that
request be made, I really can't say now, 1
really don't know,
Q All right. Now, 80 you're saying they
did -- they wanted Mr. Evans to go in and serve
as a listening post? 1s that what they asked you
to do?
A Well, they asked that he be placed near
Mr. McCleskey.
Q Was that when Mr. Evans first came intc
the jail?
A I'm not sure whether that was when he
first came in or not. I'm not sure.
Q Mr. Worthy, do you remember having a
conversation with me out in the hall shortly
before this hearing began, early this afternoon?
A Yes,
Q Do you remember my asking you If anyone
ever asked you to plant someone in a jail cell or
w
m
a
Ww
W
24
25
} £5
have them planted there to serve as an informant?
A Well, now, when you said plant I looked
at that differently than from someone who was
already in jail and being requested to be placed
in jail,
Q 80 you're saying that placing somebody
there you don't mean the same thing that you did
when you said -- when you were talking about
planting someone in jail?
A No, that's different.
Judge, may I clarify that?
Usually when they said plant someone in
jail, that someone is brought in off the street
and placed in there and in this particular case
this particular person was already incarcerated.
They just asked that he be moved near where the
other gentleman was.
Q Where was Mr, Evans housed when he was
originally brought into the Fulton County Jail?
A I really don't know, That's the casing
officer that take care of that, I really don't
know.
Q Do you -- you don't recall whe ie was
that you were asked to move Mr, Evans then?
A No, not after he came into the jail, I
A
do not.
Q Do you have any idea how long a time
period might have passed?
A No, ma'am.
Q Do you know if he overheard any
conversations based on anything at that point in
time?
A At that time, I do not.
Q And you don't recall who made this
request of you?
A No, ma'am, I don't.
MS. WESTMORELAND: If I may have a
moment, Your Honor.
(Brief pause.)
MS. WESTMORELAND: Your Honor, I don't
have any further questions of Mr. Worthy.
THE COURT: Redirect?
MR. BOGER: No questions, Your Honor.
THE COURT: All right, You can be
excused.
(Whereupon, the witness was excused
from the witness stand.)
THE COURT: Anything else for the
Petitioner?
MR. BOGER: 1 guess we have the
ATLANTA POLICE DEPARTMENT
STATEMENT OF
HOME ADDRESS 1124 Center
DATE 3-13-73 TIME 13590
DAN OLIVER RACE W SEX * pp 10-14-46
5¢t. Y.4, APT CITY/STATE Atlanta
BUSINESS ADDRESS 993 Marietta St. PHONES 872-1693
DETAILS:
I am the shipping supervisor for Dixie fornitute Company.
a little after 2:00 p.m.,
store.
ready to give them their
up between the truck and
BUSINESS J HCHE
Today
I was standing on the dock in the back of the
Ben Tyson and Janes Grier were on the dock with me.
routes for delivery.
the wall .and come on the dock.
I was getti
I saw two black men walk
‘I wasn't paying
too much attention until I heard one of the men say something Like,
keep your hands down, or
saw that the two men had
dont put your hands up.
guns.
I turned Ardund and
Both men had stockings over their face.
One of the men was carrying what looked like was a-sawed off shotgun.
It had a mmall, single barrel, and had white tape wrappedaround it from
about two-three inches from the end of the barrel back to the trigger.
The man had a black leather jacket in the other hand.
Ld
“back against the wall which we did.
He told us to get
=
When I got up against the wall, I
saw the third man, who had a small handgun, standing down in the parking
area, He was tryin to get a man who comes by to pick up the cardboard 2 get 7 2 Pp P
. up on the dock with us. The cardboard man wasn't cooperating with him
S0 we were all trying to tell him to cone on up which he did.
the four of us inside.
I NAVE READ/HAVE HAD READ TD ME/THE ABOVE STATEM
MY BELIEF AND KNOWLEDGE AMD HAS BEEN GIVEN FREEL
WITNESS Rl) Bos
They took
One had hold of Ben and he took him towards th
ENT AND IT IS TRUE TO THE BEST OF
¥ AND VOLUNTARILY BY ME..
LI Ae dt
. DATE
mess Al LIAS ),
SIGNATURE 7
TINE
VICTIM
WITNESS
3 J fole
Fil-379
COMPLAINT # RoR
ATLANTA POLICE DEPARTMENT
STATEMENT OF____ DAN OLIVER PACE sty pos
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS = PHONES
BUSINESS / HOME
DETAILS:
PAGE TWO:
bathroom like he was looking for other people. ‘He cave back with Bew
to where we were. Then they told us to te this back Soon bentud the oft
They made us all lay down on the floor, with our face to the Floor, and
our hands behind us. Ronny, the manager of the store was already in
the room. They tried to get him to tell them where the ASasy was. R8nn
told them that all the money was in the drawer but they wouldn't believe
him. They threatened to kill htm if he didn't tell him where the rest o
the Boy was. While this was going on, they started taping us. They
taped my hands behind my back. One of the men took my wallet out of
my right rear pocket. There wasn't any aoier In. it. (We later found
it in the store) hen thes wort out af the roca (I tht enn were
two of them in ther with us.) Right after they tote ST hazed two shots
and heard foot steps cinta d on the tile. We laidethere for a few minut
trying to decide if they hed left, Janes was able to break loode from
his tape and he untaped ns We went out to the office and didn't see
any movement. I went over to the routeman's section of the store and
saw Daryl, Alvus, Mamie, and somebody else laying on the floor. I went
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 ME..
ernie of # SIGNATURE 77
WITNESS ford APY, feo DATE _ TINE
wrmness_ (Qed FIERA ZS, viet HL, 3 51K
WITNESS ch | COMPLAINT #
F-379
TLANTA POLICE DEPARTMENT
STATEMENT OF DAN OLLIVER
HOME ADDRESS
BUSINESS ADDRESS
DATE TINE.
RACE SEX DOB
APT CITY/STATE
PHONES
DETAILS:
PAGE THREE:
of the office to the front of the store and Ronny was up towards the
BUSINESS 7 HOME
Nib, neice
grong of the store. saying that: they shot Larry, who is the cop on our
beat who always checks on us. That is who we first thaught the officer
was. I saw the policeman laying in the main aisle. I asked Ronny if
anybody had called the ambulance, he said no, then he gave me the numbe:
of the fire dept. I went to the phone
them that a policeman bad been shot in
and call the fire dept. and tald
the head. I went back to the
Ed
police officer and saw tht he was laying on his back with his revelrer
Joy 4: hi > floo lying orn bis stomach. T reves his revolver from his stomach to Shei
unbut toned his shirt partway down so he could nave more room to Epa
I asked Ronny to come help me to turn him over because he was stil rea
and blood was running out of his routh.
arrived.
All the men were shorter than ne,
faces. .
By that time police officers
: stocking i : Pinal
all had HEHXIXY masks over thelr
TER wn vk wD gk
ri
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 3Y ME..
WITNESS PTA
WITNESS Det 71S re
3 Tt ond Le Ll er
SIGNATURE <
DATE TIME ava nes
VICTIM
coat a Bp HHH YE
: AT Ar EE BES Fo RE Te a LAS NGLENES ARE EIR FLYNT ) < a gE PEAT vu” ANTE ; Se Ee eT pr ES Tn
Liv We og iD a Tre oo £4) ¥
hd SEI aE Cd ng SOB TRIS ET ~ os EEG
RY Fein 2 PES IR GIy ATL Ss EAE iD Sr 6 Ld a So AN pi
Lm a onda 2h > Rc BYES {Foe I it) A PGA 5 . HY Ee IN NTE RR mS AS re aT ESS Eta REEVES Ans SO ey Ye Tek 3 oR ¢ Ary a . $8 Unt x ~
in
Ly
:
K ve «
~ . “ . wt rn XH BIR Ry 3 ras. eat FN
PES ATI
Fae Lik emt dh Sard Sak SEAL IER BE Te JN
RE AE SI A EE CS Ro SF a
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fr ALN TE SE ORY Ey ent 6 a El UE Sea : a eo Joye NE 25 SE Fra . fost 2 LACT CATE Sor ES TE io IH Pt AS RE AN TINIE N 2% 1 FW
Rd
ATLANTA BUREAU "OF #OLICE SERVICES DATE oc Foe. TINE 1750 nowss
aa
10 ~
-
STATEMENT OF __ BEN LESTER TYSON RACE B sex M pp 3-1-1918
HOME ADDRESS 2715-AMELIA AVENUE APT CITY/$TATE DECATUR, GA
BUSINESS ADDRESS _ DIXIE PIRNIZURE COUDANY © ibiza i ule 289-6720
: : BUSTHESS ™ / FCRE
DETAILS:
THIS AFTERNOON, MAY 13, 1978, ABOUT 2:00 P.M,, ME, DAN AND JAMES WERE ON THE LOADING DOCK, LOADING FURNITURE. I AM THE DRIVER OF THE TRUCKS, AND THE WAY THE TRUCK WAS PARKED, THERE WAS ENOUGH ROOM FOR A PERSON TO WALK BETWEEN THE TRUCK. I WAS STANDING ON THE DOCK, ON THE BACK END OF THE TRUCK, AND WE HAD JUST FINISHED LOADING THE TRUCK AND I WAS TALKING TO DAN, BECAUSE HE WAS
STANDING BESIDE ME, GIVING ME DIRECTIONS ON WHERE TO GO. I WAS LOOKING AT HIM, GETTING THE DIRECTIONS, WHEN I SAW THREE (3) BLACK MALES WALKING TOWARDS THE DOCK, ON THE DRIVER'S SIDE, TOWARDS WHERE WE WERE STANDING. TWO (2) OF THEM STEPPED UP ON THE DOCK AND TOLD US TO BE QUIET AND WOULDN'T NOBODY GET HURT. © THE 3rd GUY WENT AROUND TO THE OTHER SIDE OF THE TRUCK WHERE AN OID MAN WAS LOADING SOME BOXES, TRASH BOXES, AND THE 3rd GUY GRABBED HTM AND THE OLD MAN WENT TO HOLLERING. THE 3rd MAN WAS TRYING TO MAKE THE OLD MAN COME UP THERE WHERE WE WAS AT. THE OLD MAN WAS RAISING SO MUCH CAIN, TFAT ONE (1) OF THE OTHER MEN WHO WAS STANDING UP ON.THE DOCK WITH US, TOLD ME TO GO GET THAT OLD MAN AND MARE HIM COME UP THERE WITH US. EE HELD ON TO MY ARM AND MADE ME WALK TO THE END OF THE DOCK AND GET THE OLD MAN AMD AFTER I-GOT THE OLD MAN, I BROUGHT . HIM UP ON THE DOCK WITH US. THE FIRST TWO MEN THAT HAD COME UP ON THE DOCK, ‘HELD DAN AND JAMES WHILE HE GRABBED ME ON TEZ ARM AND LOOKED AROUND TO SEE WHERE THE OTHER PEOPLE'S WERE. HE LOOKED INSIDE THE STORE AND ASKED. ME HOW MANY PEOPLE WORKED IN THERE, BUT WE DIDN'T SEE NOBODY, AND HE ASKED ME WHERE IS EVERYBODY?" HE CAUGHT ME BY THE ARM, HOLDING ON TO ME, AD WE WALKED IN TEERE WEERE THEY KEEP THE SOFA'S, BUT WE DIDN'T SEE NOBODY. .TEE MAN THAT WAS HOLDTXG ME WAS A BLACK MALE, ABOUT 5'3-4" TALL, NOT TOO BIG, SLENDER BUILD, WITH A STOCKING MASK OVER HIS FACE, BUT I CANNOT TELL ABOGT EOW OLD EE WAS BECAUSE I COULDN'T SEE HIS FACE TCO GOOD, BUT I THINK HE HAD A SLIM FACE, MEDIUM AFRO AND I DON'T KNOW WHAT KIND OF CLOTHES EE WAS WEARING. WEEN THIS PARTICULAR MAN FIRST JUMPED
UP ON THE LOADING DOCK WHERE WE WERE, HE FAD A BLACK JACKET PARTTALLY COVERING
HIS FACE AND THEN HE PULLED THE "JACKET DOWN AND PULLED THE GUN ON iS, WHICH 1 BELIEVE TO BE EITHER A SAWED OFF .410 SHOTGUN OR A SAWED OFF ,22-CALIBER RIFLE, THAT HAD A LOT OF WHITE TAPE WRAPPED AROUND THAT STOCK PART. : :
AFTER WE WALKED INZIDE TO WHERE THE SOFA'S WERE, WE LOOXED ARCUND AND THE MAN
WAS STILL HOLDING ME AND THEN HE MADE ME COME BACK OUT AND HE TOID ALL THE OTHER EMPLOYEE'S AND THE OTHER SUSPECT'S THAT WAS WITH EDM, TO COME ON IN THE BUILDIN WHEN WE COME IN, WE TURNED TO THE RIGHT AD WENT INTO ANOTHER STOCK-ROOM AND I SAW RONNY, MY BOSS-MAN, LYING ON THE FLOOR AND THE MAN TOID US TO ALL LAY DOWN. I PAVE READ/EAymaseaman on wn re aor Pa HE ABOVE STATEMENT AMD IT IS TRUE TD. HY BELIEF AND KNGHLERGE AMD WAS BEEH GIVEN FREELY AND VOLUNTARILY BY NE nL
-STGAATURE SE :
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: ATLANTA BUREAU ‘OF POLICE SERVICES DATE 573-78 (rue 1801 HOURS
STATEMENT OF BEN LESTER TYSON RACE B sex Moon 3-1-1913
HOME ADDRESS a APT CITY/STATE
BUSINESS ADDRESS PHONES
DETAILS: (CONTINUED y
ON THE FLOOR WHERE RONNY WAS AND WE ALL LAID DOWN. HE SAID (ONE OF THE MEN) ASKED "WHICH ONE IS RONNY" AND RONNY SAID “HERE TI IS, I'M RONNY.'" AND ONE OF THE MEN
ASKED RONNY WHERE THE MONEY WAS AT AND RONNY SATD ALL THE MONEY HE FAD WAS IN THE
CAS—REGISTER AND IN THE DRAWER, AND THE MAN TOLD RONNY "WELL, I'VE DONE GOT ALL
THAT." THEY WAS RAMBLING AROUND IN THE DRAWERS LOCKING AND ONE OF THE MEN SAID
TEAT HE HAD DONE GOTTEN ALL THE MONEY OUT OF THE DRAWERS AND HE SAID TO ASK RONNY - WHERE THE OTHER MONEY WAS AT. RONNY SAID "MAN I TOLD YOU, THAT'S ALL THE MONEY "WE HAVE" AND THEN ONE (1) OF THE MEN SAID "RONNY, WHERE'S ALL THE REST OF THE MONEY" AND RONNY SAID "MAN, IF I HAD ANY MORZ MONEY, 1 WOULD TFLL YOU" AND THEN - ONE OF THE MEN SAID "MAN, THIS AIN'T SHIT, WZ DONE HELD UP THTS STORE FOR NOTHING." ONE (1) OF THE MEN SAID TO GET SOME TAPE OUT OF HIS JACKET POCKET AMD TO TIE ALL OF US UP, SO HE TIED UP THREE (3) OF US EMPLOYEE'S AND BY THAT TIME, HE STARTED TO TIE ME UP AND THE TELEPHONE'S STARTED RINGING. THEN T HEARD A SIREN PASS THE |) STREET OUT THERE AND THEN ONE (1) OF THE MEN SAID "HERE COMES THE POLICE. AMD THEY TOOK OFF RUNNING, AND .I THINK THEY WERE GOING TOWARD THT FRONT DOOR, FRCM THE WAY IT SOUNDED TO ME. WHEN THE RUNNING STOPPED, I.BEARD "BAM, BAM", MEANING TWO (2) SHEDTS FIRED AND THEN EVERYTHING GOT QUIET. WE LAID THERE ON THE FLOOR FOR A FEW MINUTES TO SEE IF THE MEN HAD GONE, AND THEN WE COT UP AND UN-TIED EACH OTHER AND I SAW A POLICE OFFICER LAYING ON THE FLOOR IN A PUDDLE OF BLOOD AND I THINK HE WAS IAYIXG ON HIS BACK. ONF (1) OF THE LADY EMPLOYEE'S WAS VERY NERVOUS AND UPSET AND I TOOK HER TO THE BACK SO SHE COULDN'T SEE THE POLICE OFFICER THAT WAS INJURED AND I STAYED BACK TEERE WITH HER,TRYING TO CAIM HER DOWN, AND THEN A LITTLE LATER, SOME MORE POLICE OFFICER CAME. BUT REFORE THE OTHER POLICE CAME, JAMES CAME BACK AND I ASKED ETM WHERE HE EAD BEEN. JAMES IS ONE (1) OF THE EMPLOYEE'S THAT WORKS WITH ME, AND I ASKED HIM WHERE HE HAD GONE AND HE SAID HE HAD GONE TO LOOX FOR THE POLICE. . T ASKED HIM HOW BE GOT THERE, AND HE LAUGHED AND TOLD ME THAT HE DROVE THE POLICE CAR THAT WAS OUT FRONT, THE CAR THAT BELONGED TO THE OFFICER THAT GOT SEOT. LATER ON, WE ALL CAME DOWN TO THE POLICE STATION TO MAKE OUR STATEMENT ABOUT WHAT WE KNEW AND SEEN TODAY.
- a
I CANNOT DESCRIBE THE OTHER THREE (3) MEN THAT WAS INVOLVED IN THE HOLD-UP, BECAUSE THEY WAS ALL BEHIND ME AND I DIDN'T GET A GOOD LOOX AT AKY OF THEM, THE MAN THAT WAS HOLDING ME WOULDN'T LET ME TURN MY HEAD AND LOOX, SO.I DON'T KNOW ANYTHING ABOUT THEM. :
.
END OF STATEMENT ig ;
READ/issernranee- o, ABOVE STATEMENT AMD IT IS TRUS Th ur ne Y
H Dew IY BELIEF AND. KNOHLERGE MID HAS DESH GIymy FREELY AND VOLUNTARILY BY Ph
A a - “STGHATURE
WITNESS © LE A DATE 51378
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HITNESS | oe Vict OFFICER F. R.ISCHTATY
HITHESS | ag . COMPLAINT #203348 8ch-058
F.i379
| OF DIXIE FURNITURE STORE, WHEN THE STORE MANAGER CAME OUT OF THE STORE, I DON'T
~ CARDBOARD FROM THE DUMPSTER AND WHEN-I THREW A PIECE OF CARDBOARD NTO MY TRUCK -
: PULLED OVER HIS FACE, HE WAS WEARING A DARK SHIRT WITH BROWNISH STRIPES IN IT.
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ATLANTA BUREAU ‘OF rOLICE SERVICES
STATEMENT OF HENRY NELLOMS
6/16/12
ytd , 2606 BROWNTOWN RD., N. W. BY ot HOME ADDRESS APT CITY/STATE ;
BTSs 7
DETAILS:
ON SATURDAY, MAY 13, 1978, AT APPROXIMATELY 4:00 P. M. I WAS PICKING UP SOME CARD
BOARD BOXES IN THE REAR OF DIXIE FURNITURE STORE ON MARIEITA ST., I DON'T KaioW
THE EXACT STREET NUMBER. .WHEN I GET OFF FROM MY REGULAR JOB, I PICK UP CARD
BOARD BOXES, THIS IS MY PART-TIME JOB AND DIXIE FURNITURE STORE WAS ONE OF
SEVERAL STORES WHERE I PICKED UP THESE BOXES FROM. TI WAS PARKED IN TEE BACK
KNOW THE STORE MANAGER'S NAME. I HAD THE STORE MANAGER'S CAR BLOCKED IN WITH
MY TRUCK AND I ASKED HIM IF HE WANTED ME TO PULL MY TRUCK UP ANY FURTHER AND I
BACKED UP A LITTLE SO HE COULD GET OUT AND THE STORE MANAGER DROVE OFF IN HIS
TRUCK, ABCUT TEN (10) MINUTES LATER I HEARD A LOT OF TALKING AS I WAS GETTING
I DID NOT SEE WHO IT WAS THAT WAS TALKING, BUT A FEW MINUTES LATER, SOMEONE JUGGED
A GUN-IN MY SIDE, AND SAID, "THIS IS A HOLDUP.” = I TURNED AROUND TO MY LEFT, SLIGHT
AND SAW THAT IT WAS A BLACK MALE WITH THE GUN AND HE WAS ABOUT 5'2", SLENDER BUILD,
WEIGHING ABOUT 135 LBS., HE WAS DARK BROWN COXPLEXTONED, HE. HAD A STOCKING CAP
THE GUN THAT HE HELD IN MY SIDE WAS A .22 REVOLVER, BLUE STEELED. ASTER TH Thee.
MALE HAD SAID, ™ THIS IS A"HQLDUP" . ALSO SAID, "GIVE ME YOUR MONEY." ' I THEN RAN
MY HAND INTO MY LEFT REAR POCKET AND GAVE HIM MY POCKETBOOK. WHEN I HANDED HIM MY
| FREELY AND VOLUNTARILY PY ME.,
STCATORE 1
moms Bde Ant Ann pATES/17/78
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Sl hae | = 8 engin ATLANTA BUREAU OP YOULICE SERVICES DATE TIRE
HENRY NBHLIOMS B M 6/16/12 STATEMENT OF
RACE SEX £03 : J
SE FETE 2606 BROWNTOWN RD., HN. UY. ATIANTA, CGA. HOME ADDRESS : APT CITY/STATE
BUSINESS ADDRESS 342 NELSON ST., 8S. UW. 682-3400 799-+0041
PHONES__
BISTHESS 7 Fo
DETAILS: :
‘POCKETBOOK, I NOTICED FOR THE FIRST TIME TEAT HE HAD ON CLOVES, AND ALSO THAT WHEN
HE PULLED THE STOCKING CAP UP OVER HIS FACE I WAS ABLE TO CET A GOOD LOOK AT HIM.
HE TOOK THE MONEY FROM MY WALLET AND HANDED IT BACK TO ME AMD THEN HE TOLD ME TO
GET ON UP THERE WITH THE OTHERS. THE BLACK GUY HELD THE GUN IN MY SIDE AS WE
. VALKED TOWARD THE LOADING PLATFORM, WHEN WE GOT TO THE PLATFORM, I SAW THO (2)
BLACK GUYS WITH SAWED OFF SHOTGUNS. THESE TWO (2) BLACK -GUYS WERE HOLDING THEIR
SHOTGUNS ON SOME PEOPLE THAT WERE LINED UP ACAINS THE od I CAN GIVE NO
OTHER DESCRIPTION OF THE GUYS WITH THE SHOTGCYS, BECAUSE T REALLY DID NOT GET A
_ GOOD LOOK AT THEM. THE GUY WITH THE GUN IN Mv SIDE, MARCEED ME UP ON THE PLATFORM
WITH THE OTHER PEOPLE. ON THE PLATFORM WITS ME WERE THO (2) BLACK MALES AND
THO (2) WHITE MALES. THE GUYS WITH THE GU? 'S MARCEED US THROUGH A DOOR LOCATED
ON THE RIGHT HAND SIDE OF THE PLATFORM AND TEEN WE WENT THRO UGHANOTHER DOOR ON MY
RIGHT AND THEN WE TURNED LEFT INTO ANOTEER DCOR THAT LEAD INTO A LARGE AREA OF ~~
THE “i, THE GUYS THAT HELD THE SHOTGUN ON US HAD STOCKINGS OVER THEIR FACES.
THE GUY WITH THE PISTOL TOLD EVERYONE TO LAY DOWN ON TEE FLOOR, FACE DOWNWARDS.
EVERYONE IAID DOWN AND THEN .ONE OF THE GUS WITH THE SHOTGUN HANDED EIS SHOTGUN
OVER 10 THE OTHER GUY TFAT ALSO HAD A SHOTGUN. TEE GUY WITH THE PISTOL STILL FELD
IT ON US AND THE GUY THAT HANDED HIS SHOTGUN OVER TO THE OTHER BLACK MALE AND STARTE fy mic READ/HAVE HAD READ TO NE/THE ABOVE STATEMENT ATEMEHT ND IT IS IY BELIEF AND WOWLEDCE AND HAS BEEN GIVEN FREELY. AND VOLUNTARILY Ako B31 ot
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HITHESS = ist COMPLAINT § 463548. 8CH-058
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LANTA BUREAU 0 x S178 0950 ATLANTA BUREAU OF roLICE SERVICES DATE Xi IE 950
STATEMENT OF HENRY NELLOMS
prog Sie Boon
APT __CITV/STATE 4
SUSINESS ADDRESS 342 NELSON ST., S. W. ;
PHONES ange
SR: 1-95. ay
HOME ADDRESS 2606 BROWNTOWN RD., N. W. - ALTANTA, GA.
DETAILS:
TAPING THE PEOPLES HANDS BEHIND THEIR BACKS. AS HE WAS TAPING THEIR HANDS, I SLIDE
DOWN AND WENT BETWEEN TWO (2) ‘BOXES INTO ANOTHER ROOM AND THAT IS THE WAY THAT I
GOT OUT, INTO ANOTHER ROOM OF THE STORE. WHEN I CRAWLED INTO THE ROCH, I WAS PEEPIN
~ AROUND THE BOXES AND I COULD SEE THE FRONT DOOR AND THEN I SAW THE OFFICER COME
-
INTO THE FRONT DOOR. I SAW THE OFFICER COME DOWN THE AISLE AND TFEN I HEARD A SHOT,
a gen
p AND I SAW THE OFFICER FALL. FROM WHERE T VAS IN THE ROOM I COULD GNIY. SEE THE
OFFICER FRCM THE CHEST UP. THEN I HEARD SOMEONE RUNNING GOING TOWARDS THE BACK
DOOR. I STAYED HID IN THE ROOM FOR ABOUT FIVE (5) OR TEN (10) MINUTES, THEN I
a
WENT OUT OF THE BACK DOOR AND THEN I WENT UP TO THE FRONT OF THE BUILDING FROM THE
REAR AND I NOTICED SOMEONE ACROSS THE STREET CUTTING THEIR GRASS AND AT THAT TIME
a
I TOLD THE WHITE GUY THAT WAS CUTTING HIS GRASS TO CALL THE POLICE.
/ END OF STATEMENT x
l~.
HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT fine: : = PIT 1S ; »
PY DELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AYD VOLUNTARILY BY HE ih
-* SIGHATURE oh
WITNESS. Ds XW SN PATE 5/17/78 ppp 11:20 A. M.
Fon 1 rn ; ; UITHESS oF vicry OFFICER F. R. SCHLATT
HITHESS a
Bom aa AR Sr at
TLANTA BUREAU OF 2ULICE SERVICES rr
STATZHENT OF = HENRY Npliows oop CHES
HOME ADDRESS
APT CITY/STATE
BUSINESS ADDRESS |
BUSTAESS [7 RRe Eg
DETAILS: :
THE FOLLOWING IS A QUESTIONS AND ANSWER SESSION CONDUCTED BY DEI. W. K. JOWERS:
Q: MR. NELLOMS DID YOU ACTUALL SEE THE POLICE OFFICER WHEN HE ENTERD THE
BUILDING?
’
A: NO, I DID NOT ACTUALLY SEE HIM ENTER THE BUILDING I SAW FROM HI S WAIST
UP WHEN THE OFFICER WAS ABOUT MIDDLEWAYS THE AISLE.
'Q: DID YOU YOU ACTUALLY SEE PERSONS WHO SHOT THE OFFICER? = -
Ar TO : |
Q: DID THE OFFICER SAY ANYTHING AS HE WAS WALKING DOWN THE AISLE?
As ‘NO.
Q: DID YOU HEAR A SIREN COMING FROM THE STREETS AS THE OFFICER WAS WALKING
ea
DOWN THE AISLE? Be :
As NO.
Q: DID YOU HEAR ANY OF THE SUSPECTS SAY ANTTHING ABOUT HERE COMES THE POLICE?
A: NO.
Q: DID YOU SEE ANY OF THE SUSPECTS RUNNTIG OR WALKING FROM THE BULLDING?
A: NO.
Q: PRIOR TO PULLING TO THE LOADING -DOCX ARFA, DID YOU NOTICE ANY VEHICLES THAT
LOOKED SUSPICIOUS OR ANY VEHICLES THAT YOU HAD NOT SEEN AT THAT LOCATION BEFORE?
I HASE READ/HAVE HAD READ 76 ME/THE ABOVE ST SA
PY BELIEF 24D KICHLEDSE AND ey AND IT IS TRUE TO THE BIST OF on VOLUNTARILY BY He.. |
ts mi rh Re
| SHEULYL Sa So]
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gil SE, : | YICTIN OFFICER F. R.. SCELATT
HITHESS he
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ATLANTA BUREAU OP POLICE SERVICES ry
STATEMENT OF HENRY NOLLOMS pace ory BOR hl ;
HOME ADDRESS | APT CITY/STATE
BUSINESS ADDRESS PHONES :
BTS 7 RE
DETAILS: :
A: KO, I DID NOT SEE ANY VEHICLES THAT I HAD NOT BEEN BEFORE AT THAT LOCATION.
Q: HOW OFTEN DID YOU GO OVER TO DIXIE FURNITURE STORE TO PICK UP CARDBOARD BOXES?
A: I GO ABOUT ONCE OR TWICE OUT OF THE WEEK.
™
- . $ : : ie ad
Q: MR. NELLOMS WOULD YOU PLEASE DESCRIBE TEE PISTOL THAT APPEARED TO BE A .22
CALIBER PISTOL TO YOU?
: A: IT WAS A SEORT BARRELLED, BLUE STEEL, AND IT LOOKED LIKE IT WAS CAPABLE OF
HOLDING FIVE (5) OR SIX (6) RCUNDS.
Q: WOULD YOU DESCRIBE THE . SHOTGUNS?
A: I CAN'T DESCRIBE THE SHOTGUNS, THE ONLY THING THAT I KNOW IS THAT BOTH
OF THE SHOIGUNS WERE SAWED op, 0 dL eT fi
END OF QUESTION AND ANSWER SESSION.
/ : ned /
*
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/ ; : : i
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-
I HAVE READ/HAVE HAD READ TO Me Tue nays STA BN lt ; 2 RE ABOVE STATEMENT AND TRUE TO -THE BZ PY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY VOLEATARILY By a ZEST OF
SICA z=
aS AN DATE 5/17/78 TINE 11:20
HITHESS a ; pisTm OFFICER TF. R. SCHLATT
WITHESS a COMPLAINT 5463548 SCH-053
I?M379
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ATLANTA BUREAU ON SERVICES oprg Dr. rp OP
STATEMENT OF HENRY NELLOMS mpg Bi 52d oh SI
HOME ADDRESS ~~ 2606 BROWNTOWN RD., N. W. APT CITY/STATE ATLANTA, GA.
BUSINESS ADDRESS 342 NELSON ST., S. W. 688-3400 799-0041
PHONES
BUTHESS 7 TORE
DETAILS: | :
A: NO I DID NOT SEE ANY VEHICLES THAT I EAD NOT SEEN BEFORE AT THAT LOCATION.
——
Q: HOW OFTEN DID YOU GO OVER TO DIXIE FURNITURE STORE TO PICK UP CARDBOARD BOXES?
A: I GO ABOUT ONCE OR TWICE OUT OF THE WEEX.
'Q: MR. NELLOMS WOULD YOU PLEASE DESCRIBE TEE PISTOL THAT APPEARED TO BE A .22
CALIBER PISTOL TO YOU? | |
A: IT VAS A SHORT BARRELLED, BLUE STEEL AMD IT LOOKED LIKE IT WAS CAPABLE OF
HOLDING FIVE OR SIX ROUNDS.
Q: WOULD YOU DESCRIBE THE SHOTGUNS?
A: I CAN'T DESCRIBE THE SHOTGUNS, THE ONLY THING THAT I KNOW IS THAT BOTH OF TEE
SHOTGUNS WERE SAWED OFF. ”
END OF QUESTION AND ANSWER SESSION.
/
AE RERDHAVE HAD READ TO ME/THE ABOVE STATING PRT HY BELIEF AAD RIGHLEDGE AAD WAS. BEEN Brey Lancy os Lin LS, TRUE TO THE BEST oF AMD VOLUNTARILY BY NE.
| STGIATURE CR a a wiTNEss Wu X. DATE To or Le IF;
WITNESS
VICTIM OFFICER, F. R. SCHIATT
HITHESS oh COMPLAINT § 463548 . 8CH- 058
FM379
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ATLANTA POLICE DEPARTMENT pare SR Tn?
STATEMENT OF JAMES GRIER, JR. RACE EB Spy M oon 227 3
HOME ADDRESS 3804 MARTIN be. KING, DR. APT J-2 CITY/STATE CT TA Re
BUSTHESS apps 992 Marieiss Se. opps S15=306% © Teni-tush
BUSINESS 7 HOME
DETAILS:
About 2:15 p.., on May 13, 1978, 7 was standing on the loading do
at 993 Marietta st, N.W., Dixie Furniture Store. Ben Tyson, Dan (Idon
know his Fast Rand; and unorhas wan whose Andie YT don! t know (he was
standing dwwn in the driveway), we were 211 waiting to recaive tusszuat
from Dan to tell us which location to go ro... Three nan walked up by
the side or the building to the loading dock where we were. One of the
men had a black leather jacket pulled i over his head to hide nls face
Thsl man jumped on the dock, threw the coat back away from his head, an:
pointed either a 410 shotgun or: a 222 cal. shotgun-at the three of us
that were on the dock. The shotgun was sawed off at ths butt ay at
the barrsl. Yhebs was white elastic tape wrapped around the butt and
the tape wrapped all the way up and around roers steel part of Sha gun.
He was holding the gun so that he couxd have shot with his right hand;
L rasied my hands up and the man told me to"put my hands down, put ny
hands down.™ The other fon mer got up on the dock right after the first
man. One of the men was carrying a black Automatic pistol, he looked
to be about 5'7-5'8", 130-145 1bs., with a stocking cap (a. ladies stocki
Pulled over his head which came down to his chin. The third man AS
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 M2...
nh: daa. Hi., | : 4 Li JENATURE J
WITNESS 7 : DATE _ TINE
WITNESS Al. Zz AL or, ye) VICTIM :
WITNESS cepa 37 NGL DIB RK
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into the storage room where they keep all the appliances and T.V.'s,
we Sg
Nw RA
ATLANTA POLICE DEPARTMENT DATE TINE
STATEMENT OF JAMES ‘GRIER, .JR. RACE SEX 008
HOME ADDRESS APT CITY/STATE
BUSINESS ADDRESS SRL PHONES
BUSINESS / HOME
DETAILS:
PAGE TWO:
-F
carrying what looked like a .22 cal. pistol, it was small revolver.
The one with the ‘Bhotgun told us to tine up against cies ‘wall which we
did. The man with the sesonatie ‘told the old san tha was standing
down in the driveway (the one whose name I don't know) to come up where
we were but being so old, he didnt act tike he kwaw what at Boils
on. I kept telling the old man to do what they ‘said. The 014 man
finally came up where wH wees .lined up single file like we were going
to march into the building. The man with the shotgun grabbed Ben Tyson
aidant 3 -
by the clothes in his back. We were standing so that-Ben was in front,
I vas second, Dan was third, and the old man was last. One of the men
with the guns, I dont know which one, was standing behind ne between
‘me and’ Dan. The other one with the handgun was standing behind the old
man. The man wiih the Weiter acted like the leader. He told us to
go in the building so he marched us in the building. They made us go
and stereos. The man with the shotgun told us to lay face down on the
floor., to put our hands to our backs. I saw my manager, Romny, laying
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE 0 THE BEST OF HY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY-AND VOLUNTARILY BY ME.. :
gielie ol Sh
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ATLANTA POLICE DEPARTMENT DATE TINE
STATEMENT pip JAMES GRIER, JR. RACE SEX LOB
HOME ADDRESS 7 poy CITY/STATE
BUSINESS ADDRESS i PHONES
FUSTRESS 7 TORE"
DETAILS:
PAGE THREE:
Sha Close alriads Ths three men searched all of us for money and
I tibdidions oF them tell somebody, I think it was RoRnsli es take his .
watch off. One of the men came ta ma aad started to go in my rizhe
pants pocket but I leaned over to the side so he could get into my left
pocket cause that's where my money was. The man reached in my left poc
and pullediout sizidellaver a five Colles Bil had. hone folie bill.
said, ny don't want this" then he stuck the money back in my pocket.
This same man asked another one of the nen for the -tape and somebody
—-
FEC -
8X said that it was itwas in Eka Jacket. The man shat had gone through
my pockets taped my hands ropetihes behind ny back. Then he taped my
feet together. Then the man went over to Dan and taped his hands behin:
him. One of she men vas asked Ronny for. the money. Ronny told him thai
the money was in the drawer in the front. Then I heard on of them say
"that's not enough money for nothing" Thay Nops saying "let's kill hin"
and Honay Lept Saving, "I told you‘'the noney te. 14 the drawer in the fer
The ia with the shit ain had left from horde were. Setors Le Ketch
asked the other one 1f he could handle it and heyes cause if they move
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE TO -THE BEST OF M! BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY HE.. :
: hi Lien. Ch
i or tA DATE _ : TINE
WITNESS Lr # Fh Jeechpe VICTIN :
WITNESS — COMPLAINT 3 Le BAL
FN-379
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STATEMENT Op JAMES GRIER, gg.
DATE
HOME ADDRESS
BUSINESS ADDRESS
DETAILS:
PAGE FOUR:
going to shoot them. I forgot to say that after the men marched us in
the storage room, one of the men must have left’ cause I only heard two
men talking. I gusss they all left cause it got real quiet. About
ap
RACE SEX COB
APT CITY/STATE
PHONES
wo or three minutes later I heard two gunshots.
Like somebody was running off. The old man got up; they had not tied
nin up. v told him to lay back down cause they »izh aur bs gone. But
he ro Bev and dant out. I tore the tape from ny hands and off my
Poot. 3 got up and took the tape wl Danls hands. Me nt Ronyy WonE
cobncds tha $:4az BZ tha stdratond that's when I saw the officer lying
in the aisle and there was blood coming out-of his head. I ran:.over
and grabbed the officer's radio and tried to call for help but it didn’
seem like it was keying up. I ran out the Storesent ao in tha office:
Car I drove to Marietta a dena St. wists Y sawn motorcycle offic
diveccing traffic and 2 patrol kar in the lonée. I drove over to them
> and yelled to them That oh officer had been shot at 993 Marietta ST.
I had fo repeat it to them a couple of times. Thay callad on the radi
then I turned around and drove back to the store.
* AVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND. IT IS T AY BELIEF AND KNCYWLEDGE AND HAS BEEN GIVEN FRE
WITNESS = (7 A 5
MITHES At NL Le cee,
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WITNESS
VOLUNTARILY BY ME
SUSTHESS 7 TORE
I could hear footster
By the time I got
TRUE TO -THE BZST oF
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ATLANTA POLICE DEPARTMENT DATE TIME
STATEMENT OF (JANPS GRIER, JR. : RACE SEX £08
HOME ADDRESS Fa AT. erv/smaE |
BUSINESS ADDRESS | PHONES
BUSTAESS 7 TONE
DETAILS: | |
PAGE FIVE:
back, the ambulance was taking the police officer to the hospital.
On the way back to the store, a car pulled out in front of me, I skidde
and hit the car in the back quarterpanel. I had waited until an office
came back to where I was and he took me back to the store.
DESCRIPTIONSY
(1) mane pith shotgun =. 5'7~5370" 140-165 Ibs. be was muscular build,
‘ very thick moustache, "he was wearing a stockin
mask over his face but it tore while they had
us, herwas around 24-28 yrs. old.
(2) man with automatic ~ 5'7-3'8", 130-145 1hs, stocking cap.
(3) man with revolver = no description
I HAVE READ/HAVE HAD READ TO ME/THE ABOVE STATEMENT AND IT IS TRUE T0 “THE BEST oF MY BELIEF AND KNOWLEDGE AND HAS BEEN GIVEN FREELY AND VOLUNTARILY BY ME..
20
SEEIATURE
7)
WITNESS i . DATE 3-13-73 TINE 1755 hr
WITNESS Do 7) JnJuclon/ VICTIM
WITNESS - COMPLAINT # HHL K
FN-379
Se Fat
5 Te pos wt Bea SLT TI SHR mt OT TE
(} Toran)
Q Did--
A One of the things that he asked, if I remember
sorrectly was are you positive or 1s there any doubt in your
mind and I think he would use 100 percent as a standard in terms
of making identification to some of the witnesses and everybody
was rather--well, not rather, they were firm that that was the
man at that particular stage of the situation.
Q With respect to your cross examination of Paul
Ross, do you recall today one way or another whether you were
able to examine him regarding whether or not he had actually
been shown a plcture of your client prior to the Monday morning
identification in the Jury box?
A No, I don't remember Mr. Ross' testimony.
Q And similiarly wlth respect to Dorothy Umbarger, do
you recall her testifying, any statement from her in the file to
the effect that while she was there she ldentified your client
from a photo layout, a sort of 60 percent identification or that
there were six chances out of ten that it was him that who had
done the robbery?
A Again, I don't remember.
Q All right. How abot with respect to the
testimony of O0fle Kvans, wag {hat featimony also a surprise to
you av the time of the trial?
A Well, yes and no, And the reason I qualify that
18 because one of Lhe Tirst things 1 sald to Nr. McCleskey when
I interviewed him-at the Atlanta Jalil. prior to the preliminary
hearing was not to make any statements to anybody about the
incident. In fact, I went so far as LO say to give him the
analogy that a fish can't get caught unless it opens l1ts mouth
to blte the hook. I had talked with him constantly about that
in terms of have you said anything to anybody. The bottom line
was when 1 get the witness list, I noticed at some stage that
a Deputy's name was on there. The only thing that I could
conclude was that something had been said or possibly had been
sald. And 1 asked Mr. McCleskey if he had discussed the facts
with anyone there at the jail and his Co-Defendants and he said,
Nos"
In addition, I filed a motion asking forall oral and
written statements within the possession and control of the
Prosecutor. So I did not have any forewarning that Mr. Evans
was going to testify to some statement that he allegedly
overheard based on those circumstances.
Q All right. Just so the record is clear, what--
briefly what did Mr. -Bvans testify to at the trial?
THE COURT: Mr. Stroup, the record will indicate
what he sald. That 1s far more reliable than what he
can remember.
MR. STROUP: All right. Your Honor, I basically
was--rather than for the record which is in.the record,
Go
I will zZive you a brief introduction about lt.
THE COURT: Well, I think that the question should
be why did they not give you a copy of the statement he
made if vou made a motion for it.
THE WITNESS: Well, I can't answer that question
even up to this point in time. That was one of the
issues that I raised on appeal, the fact that I was never
given any indication that such a statement existed.
THE COURT: Do you mean vob 441 kad to the
Prosecutor six times and you two never discussed that
at ail?
THE WITNESS: We went over the motions, all of
the motions and the only thing that he said to me about
his file was that there were two things that weren't
included in the file. One was the Grand Jury testimony
of a witness-and his logic there was that that was not
discoverable. And the other was just a statement he had
and that he didn't disclose what it was or who the person
was in that context.
They clearly understood and they knew that the
motion had been filed. So my thinking on the matter
was that I had everything, particularly relating to the
statements of the Defendant.
THE COURT: Well, what was the law in Georgia at
that time concerning the right of the Defendant to see that
“PT
information?
THE WITNESS: To what information? A copy of his
statement?
THE COURT: A copy of his own statement.
I helieve now he has a right to it, doesn't he?
THE WITRESS:. Yes... As I understand what the’ law
was then, I think it was the same thing. But, again,
I'm working on memory from something that happened two
years ago. But lI don't think that ls a recent
development.
I filed a brief, 1 believe, with my motions at
the time, citing the authority that I was relying on.
THE COURT: Yes, here it is, It's division four
of the opinion.
Well, the Supreme Court just discusses it in the
context of whether it was required to be disclosed under
Brady. I believe the new discovery statute that has
been enacted since--well, what year was this?
1978 was when the case was tried, is that right?
THE WITNESS: Yes.
THE COURT: All right. That has been thoroughly
covered here and I don't quite undernsand their
conclusion but--Mr. Dumich, what 1s the law on that now?
Doesn't the Defendant have a right to a copy of
all statements he's made?
~78
MR. DUMICH: Your Honor, that statute was just
amended, ves, sir, just last term and didn't go into
effect, I don't'bellieve, until 19-=-
THE COURT: So that statute was not in effect when
this case was tried.
MR. DUMICH: It was the State's position on appeal
that Brady versus Maryland was the controlling law at
the time and if it was not an exculpatory statement, that
it was not incumbent upon the State to release that
statement.
THE COURT: i0 ahead.
BY ‘MR. 37PROUP:
Q You indicated you took some, took some notice of
the names of the Fulton County Sheriff's Deputies who were on
the witness list?
A As I recall, I think there was only one name on
there. And when I saw that, my impression was that the only
thing he could testify to was something that he had observed
or heard at ‘the jall. Pre...
Q All right. And he was not onc of the--you did not
contact him prior to trial.either, did you?
A No, I -didip't, And my reason for that, again, was
the fact that Mr. MeCleskey was quite adamant in the fact that
he hadn't sald anything ineriminating or even nentioned the case
-79~
or discussed it with anyone.
And then, too, 1 didn't think that the Deputy was going
to give me any exculpating information at the same time.
Q What--with respect to the sentencing phase, what
preparations did you make prior to trial with respect to the
sentencing phase?
A Okay. Prior to trial, 1 had gone over Mn,
McCleskey's background with him in terms. of what schools he
went to and who he knew and that type of thing. And I had
asked him if he had any witnesses or knew of anyone who would
be able to testify as to his character at the sentencing phase
if it should come down to that.
In addition, I believe I had discussed the matter with
his sister. I'm trying to remember his sister's name, now.
THE COURT: You sald it earlier.
THE WITNESS: Yes,
BY MR. STROUP:
Q Betty Myers.
A Betty Myers. In fact, I believe I asked Mrs.
Myers 1f she would testify on his behalf at the sentencing
phase but she declined to do so. In fact, I asked about hls
mother in terms of bringing her to testify and I was told that
she had some type of illness that would pose a problem there,
both from Mr. McCleskey a5 well as his sister.
“80
Q Let me deal directly with your conversation with
his sister. Are you absolutely certain that you asked her, were
there any people who could come into court and testify about
Warren McCleskev's character?
A Yes, because the way I was referred to her inthe
first place was through her church aril I asked her 1f there ‘were
any members of her church or something to that effect, who knew
Mr. McCleksey and would be able to come forward.
4 And what did she say?
A As best as I can recall, she said that Mr.
McCleskey did not attend that church or had not. If he was a
member, he had not been in any type of regusar attendance.
Q What other questions did you ask her, specifically
about people who might be available?
A Well, no more than just that. Is there anybody
available?
Like I said, 1'm pretty sure 1 asked her cbecause as things
came down to the wire, she was the only person who was really
givine him any support. And she would have been the most logical /
person to serve in that capacity.
Q Did you ask her if ‘she would do 1t herself?
A Yes, that's what I'm saving,
Q What did shoe tell you about testifying herself?
A Ag IT reeall, she didnt want to do ii because.she
x Said she was nervous or soneithlng to that eT foct.
-81-
Q Are you sure that your question to.her about
testifying--your question to her about testifying at the
sentencing phase with respect to Warren McCleskey's character
Or rather a question to her about testifying as to his
whereabouts on May 13th?
A We had discussed both.
Q You are absolutely certain today beyond any
doubt that you had a conversation with her about her doing born.
A Yes. - In the first place, this wasn't the irst
death penalty case I had handled. ‘And in the sentencing phase--
this was the second one which I have alwdye made it a practice
to bring some relative or if I can get my hands on somebody to
come in and say something good about the Defendant, I want to do
that. And in this case, 1 couldn't get anyone to do it.
Q All right.
THE COURT: How many murder cases have you tried?
THE WITRESS: .Probably I have been Sve yan in
Just a rough estimate, 30. Most of my practice was
criminal, about 80 dereant of it. And that would be
over roughly a live year period. Well, this happened
ina 78. 50, you're asking me. a total, probably about 30,
probably In thereighborheod of 20 about that time,
Q Also, with respect to Warren MeClesk ey himsel?, arc
-87-