Missouri v. Jenkins Brief for Respondents Jenkins et al. and the Kansas City, MO School District
Public Court Documents
January 1, 1989
Cite this item
-
Case Files, McCleskey Background Materials. Northern District of Georgia, No. C81-2434A - Federal Habeas Exhibits Vol. 1 of 2, 1983. 50d928ca-5aa7-ef11-8a69-6045bdd6d628. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/fb716846-d77a-4bea-a45f-ccb8ecbd9169/northern-district-of-georgia-no-c81-2434a-federal-habeas-exhibits-vol-1-of-2. Accessed August 19, 2025.
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Retained =. 3
Case § Ol
Ragp. $x. 1
- Georgia Parole Board Qxstiornare
Cctoder, 1980 - First Fevision
Name ; David Burne,
Case Nunber:
- Ja
re Cfferder's Ls
PROCYURE
Parole Board Piles
Date of Offense MM/TDAY Urveown 000000 £57
then phn! c—
Deferdant's pPlaa to Moder Indi (SRE [=
Guilty = 1 Not Quilty = 2 Cther {speci fy)
7"
= 3 Unicown = § ; pate of Trial on Oddy
» 10
3 rs Y \ r~y > » hn
~ —~
: ARR HI oT Applicable = 000009
| Wie TE g (e.g. quilty plea) lke VEE = ie
Sentence
Life = 3 he 5: ahr
e 3 th =2 Ot r (specifyi= 3 un = 0
D———
3:7
Status of Principal aefense counsel
Apointed = 2 Unknown =
Oe a O bb
a —— ai]
ue
e : :
ffender's Yame “Dau af Burney
B. Counsel and Indictment Information (not to be punched)
primary Defense Counsel's Name and Address: (of Trial)
Wed tn
Names of Secondary Defense Counsel (without address)
oe Cre ley
D4 and /ssistant DA's Names (without address)
Lew s Slaten
Marder Indictment A » Hogs 3
County Cf Trial BY fern
Date of Trial (same as Variable #4) i 5- | Fs
—_- Ra — — —SeTI0. DLG Clfender's Name David Burnes
og, Other Sources
7 Did Prosecution Waive or Fail to Seek the Death Penalty?
ves = 1 No = 2 Unknown = 0
Did the Judge Otherwise Take the Penalty Issue from the Jurors Cr Dismiss Them Before the Penalty Phase?
(0
0]
Yes = } No = 2 Unknown = 0
A
9 Was There a Penalty Trial?
”N Yes = 1 No = 2 Unknown =
a
ot
10 Did the Deferdant Appeal his/her Conviction or Sentence?
Yes =} NO = 2 Unknown = 0
Zeath Cases de. Owe. Sa 2 :
!/
Contaction and death sentence Affirmed =.) —
wenv.ctiion sustained -- death penalty recucad to life = 2
Conviction reversed, death sentence Not assed on = 3
life Cases le. Ques. 5 = }
Conviction and life sentence affirmed = ¢
Conviction only reversed = §
Conviction affirmed and life sentence mdified = §
£3 Big, Date of Supreme Court Decision MIC /YY & 7 S 0 = J 7° rt aalicohlio xeause ro av 2a] =303003 24-29 15)
Lis cae in £ic tuo Cort £tudy
1 C= i NE LYIT = 0
v +b. OFFENDER'S CRIMINAL RECORD BEFORE THE EVENT IN WHICH THE MURDER OCCURRED & IQ
(In re questions 14-17. when the (1) ae (2) questionnaire is campleted in the -
Sup. Ct.: a) enter data from Parole Board Arrests § Convictions Dept. of Corrections tape and the Investigation from Inmate Self Repo trial record in ool. (1), and b) {P.B.T.) that are in addition entar 93 in col. (2).
to P.B I.
14 Number of pricr arrests
Code /2 OO 0 = none & no additional for 31-32 (2) 47-48 (2) Col. (2)
-1 = Unknown
32 Prior Convictions (enter actual #)
0 = None & no additional for
Col. (32)
-1 = Unknown
rn Murti 11101)
OO
0 Z
33-3412) A2=50{3)
BE. med Robbery (1902) ; 0b 9;
et rey 51=52(2) C. Rap (2001) & Kidnapping (1311) OC 2.0
3/=3E12] 2 3e54u 2; D. Zurylary (1601) & Arson (1401) of cd
39-20 {23 T5500 3) E. Other Violent Personal Crimes 2, / O00
41-42 (2) 57-58 (3) F. Other Felonies & Misdameanors LS £3
43-44 (2) 59-60 (2) if Prior incarceration in Georgia
l=yes; 2 =no0; 0= not ascertainad /
61 nF Total Jail and Prison Sentences (enter actual j{)
Code
0 = Nore and no additicnal for ol. (2)
-1 = Unknown OF
45-46 (2) 6i~T7 12
(Keypunder: oo to
0wo of Col, (2) for
Col. 47-48 entries)
-8 Defendant's IQ Score, Actual Nurber
-1 = Unknown
9
+ : -3a- »
»
OFFENDER'S NAME Twourd Burnes Le]
"case nomser Ol bo
C. VICTIM LIST (not to be punched)
1. hanes of Victim(s) (1f more than 3 victims, enter names & other
information on the bottom of this page).
Yicrim § Name : Date of Death & County of Death J rr le cL L a (Enter Ds 1f ee
-
/ Lf
:
/ / Mor.
Z. Face of Victim(s)
Victim
#1 - Phite ra Nat /Am Spanish Other Unknown iy 27 3) Speaking (4) 5) 0)
=? - White Black Nat/Am Spanish Other Unknown a7 27 (3) Speaxing (4) (5) ior”
2¢ ~~ ¥nite . Blas) 2 2 Nat m Spanish Other Unknown
ph ws
0
" CHARACTERISTICS CF VICTIM {1 (Prepare Supplemental Sheets for Additional Victims)
Victim's Name Fre Ac Sel (a tT
1c Sex Male=1 Female = 2 Unknown = 0
3
hit Race
Waite = 1 Elack = 2 Nat/Am = 3 Spanish = 4 Oriental = 5 |
Unioown = 0 Sneaking Cther = 6 ce
2) Ade (enter actual # of years) < [
Comletely LGuuwar =1; if nhase of life cytdc only ic kvwn: 67 48 {7
23x Aull Mover SS) = 99 Toner 1319) 2. 56
Middle Aged Adult (35-65) = 98 Child (6-12) = 95
Young Adult (20-35) = 97 Preschool (under 6) = 94
20 Relationship of Victim to Defendant lenter a5.4n 2 Intl) c) 2
1 = Husband, Spouse/or ex 17 = Homosexual Relationship ng Cc : b)
2d = Parunt 10 = Unrelated. Qurrent or Ya TL.
Prior Confederate in
3 = Step-Parent Crime
4 = (hid 19= Othor - Known to Victim
5 =. Stepchild 20 = Gang Member
6 =. Sibling 21 = Stranger
7.= in-law 23 = Parent-Child relationship when
it can't be Getermined whether g§ = Other Family folls 2,3, 4, ors aroly.
10 = Neighbor 23 = Business Assoc. when it can't
be determined whether foils 11 = Cther Acquaintance 3, 1% or. 15 apply,
12 = Boy or Girlfriend/or ex 24 = Casual acquaintance when it (inmate ra2lacionshis) can't be determined whether 13 = EBrployec/or ex foils J0 or 11 arply,
14= Filover/or ex 0 = Unknown
15 = Co—werker/or ex
9 = Enter for second foil if
only cone applies. 16 = '‘Priend/cr ex
See
Status of Victim (enter wp to d~2ct ls)
14= Proprietor/Shop Owner 1 = On duty police officer,
a) Zl 15= Professional (Doctor Sag
correcti 1
:
ons emloyee ar fireman I er, etc.)
2 = Judicial Officer/(or former)
: 0 District Attorney (or former) - 3 Diooutive B) 4 Lawyer :
: , £ in, AM Vialtyuss, Bartender, T 3 =Vhite Collar Yotkar
Driver, or similar service (Any occupation which: involves 1 work at a desk ar semi—desk job l.e., typist, salesman, photo 18 = Blue Collar (a1) grapher, dental ‘technician, etc.) skilled laborers will | : be considered blue 4 * Unskilled Labor (Ditch ~ - @llar workers, i.e., digger, camon laborers, Mechanics, machiniste, janitors, gardeners, etc.) factory workers, truck
drivers, etc.) We 5= Security Guards (not sworn
peace officers) 3 19 = Store Clerk
6= Petired
y 20 = Service Station Attendant
7= Lousekeever, e.g. Primary function 21 = Military was rnoning household for self and/or - others : 22 = Apartment Manager, 8 = Student
Hotel Motel Manager
10 = Juvenille (one not old
enough to attend school) >= Prostitute, Pimp 10A = Foils 8 c-10 apply but bs itis not wpe 24= All other than above 1l= Unemployed or no occupation <> = Famer, fisher
U = Inknoun
12= Drifter and nonresident Sas
9 = Not applicable (Enter for 2nd = fessional Criminal foil if only one applies)
13= Profession
Eloak 7/-75
Card #1 3 :
39 { Mitigating
Case # _H (nh |
Lard
1-3 (3) Shecial aggravating) Circumstances of Victim (Enter up to 2 foils)
1 = Bed-ridden/haniicappod 7 = Supporting children _ L Zs . HE
By vir
2 = Mental Defective 5nd 8 = Hosta ~
= ge —T 7
3 = Defenseless because of 10 = Victim emloyed at time of crime. youth, e.g. preschool: ll = Victim had a criminal Yecord, aged child (1-Byrs.) | 12 = Other (specify) or
4 = Defenseless by virtue of
advanced aged.
13 = None
5 = Defenseless because of phy- 0 = Unknown sical condition or weakness 9 = tnt armlicable (Enter for 2nd e.g. frail waman foil if only cne foil is
At wr Yt vat At
©. CGURAXCTERISTICS OF THE CFFENSE(S)
25
11
short-term residence?
2- Victim's Residence (initial entrv 12
without mermission)
= victim's Residence (intial entry 13
with permission or outside)
2A
3 = Residence of Offender 14
. 3A = Residence of Offender and Victim
4 = Other residence besides victim's 1s
or offender's (intial entry without
permission) 13
4% = Other residence besides Victin's
and Offender's — (initial entry 17
with permission or outside)
5 = Service Station 18
6 = Liquor Store
19
0
7 = Bar or Cocktail Lounge 03
(and immediate environs)
8 = Parking lot Area
26
another Offense
Did the jturder Occur while the Offender was
up to 2 foils) ae
10 = Other place of buSiness
= Any Vehicle a) ap.
; 8-9 (2)
= Street or Sidewalk b) D9
= Highway or Freeway 3311 (2
County Road in Rural foea
Park or School Grounds
Vacant Pield or Vioods
Jail/Prison
Cther (Specify)
Ther non crrmercia)
Unknown
Mot Applicoble(enter for 2ne
foil if only one amlies)
mwiic place
Engaged in the Camnission of
(whether or not the defendant was charged and convicted
of the offense) (Enter up to 3 foils) a) Py y=
TFT 1 = Kidnapping (1311) 7 = Theft 5
Sad ab AY 2 = Armed Robbery (1902) 8 = Prostitution/Camercial STI 21
Vice/Narcotics Lake 3 = Rape (2001)
10 = Other non-violent crimes. 09 4 = Aggravated Battery (1305) (Specify) _—1Tl
5 = Burglary (1601) or arson
in the 1st degree (1401)
: 11 = No contemporaneous offense 6 = Other violent personal crimes
(specify) 0 = Unknown
9 = Not applicable - Enter for
foils if fewer than 3 apply.
<2 Defendant's Motive (enter Wp to 4 foils)
1 = Long term hatred or revenge 12 = Racial animosity 2) 07
25-19 (2)
13 = To escape custody
fran jail or prison b) 3 = Sex
! 20-21 (2) i 14 = To facilitate the victim's 4 = Jealousy #3 suicide a 00 : eH © 15 =To prevent arrest or Fecop- ITT (2) 0 = Immediate r e.g., when of the,defendant or ; a argument Bi d) 0 and killing) : 153A = unclear whether 13 or 15 T 24=25 (2) git * : | applies but cone of then Arlies 6 = Killing for hire : 16 = To avenge the role played > ; by a present or former 7 = To silence a witness judicial officer, ma a crime
Or lawyer in the exercise
of his/her duty 8 = To facilitate cbtaj
Toney or other things of
value for the defendant 17 = Other (Speci fy) Or another ls. ; : 10 = To facilitate the cammisisioa
Of a nonproperty related cri
> A (c.g., kidnapping) ‘0 = Unknown 11 = ‘fo collect insurance
PTOEDES D0 | 09 = Not Applicable (enter for extra | foils if fewer than 4 amnly)
Special Precipitating Events (Enter Wp to 2 foils) &
i a) H 1 = Dispute between victim > = Lover's or ex-Lover's 26 and defendant over money Quarrel 3 “ Or property
~) 6 = lover's Triangle 23 2 = Dispute due to influence
of drugs or alcohol 7 = Assault on the defendant : by the victim or by
AE 0 = Unknown |!
3 = Dispute between spouses or another ex-spouses : ¥ : ol 8 = Other disputes and fignts ere is 4 = Dispute between other. family 1s Won who provoliad the Tight members other than spouses 3 = Not Applicable i.e., no Or ex-spouses 4 vw precipitating event's % i enter for 2nd foil ir only So al one applies,
uw to 4 fails) aA
ETRE 9, |
2)
Bums (arson) 28-2517) Knife wound
16 = Electrocution : bh) D4 gf
30m 31 (2)
3 = Bruises (beating from blunt 20 17 = Pologion 0 4
abject e.qg., bludgem, club,
C)
etc.)
1p = Deprivation/Neglect 32-33(2) 4 = Bruises (beating or stamping) 16 = Poisoning (including 4d). 0
With person weapons (hand feet) carbon monoxide) 34=35(2)
> = 'ractures
6 = Crushing (e.g. with automobile) |, .20 = Drug or narcotic overdose 7 = Hanging
21 = Buried alive
8= Stranqulatien with hands 22 = Flame or hot substance
(non-arson) 10= Stranqulation with Cres or garrata
23 = Victim throm from
11= Choking
high place
12= Suffocation (e.g. ina refrigerator) 24 = Other (Specify)
13= Smothering (e.g. Pillow, blanket) eh
» 14= Drowning
" 23 = Injuries from axe Or similiar sharp instruments,
0 = UnJmown
9 = yh Pviicatle ~ tnter for extra foils if fower than 2
apply.
\& Mticating)
Special Aggravating|Features of the Offerwc (enter up to 6 foils)
1 = Torture (methodical infliction
=
I
i
n
of scvere pain to punish victim,
to extract information, or to
satisfy sadistic urge)
Other infliction of "unnecessary
pain” to victim — i.e., painful
application or use of a weapon not
.
19 =
20 =
2] =
necessary to swiftly kill the victim
. €.g9., draging fram a car
Brutal stamping or beating
(excessively painful .or disfiguring 4 -
abuse with hands or feet motivated
by desire to cause pain) :
Lingering death of victim ;
[cma]
Viclent struogle (participant
injured & fight lasts for more
than a few minutes): :
Dleordy
Victim bound and/or gagged
Luring, ambushing, lying
in wait
Sniper
Execution tyme murder
methodical, pmassionless
r11lling of a suwiued or
de-fenseless victim)
Case involved contemp-
orancous felony and
the killing was unneces=-
sary tc camplete the
crime (e.g. store keeper
turned over money and Hg
offered no resistance) 20
Sexual perversion or :
abuse other than rape’
(scday, etc.)
Victim pleaded for life
Defendant expressed
Pleasure or glee with the :
killing at the time of murder
titillation (with knife or
other instrument)
@: b] MN eshilde Shem any bya
27 =
SB =
29 =
30 =
3l =
2 =
Multiple shots to body 36-37 12)
Multiple stabbing | ST
Slashed throat a 09
70-21 (2) Defendant on escape
fram jail or prisen d : 09
Defendant actively 42-43 (2)
resisted arrest a 09
Defendant showed 44-45 (2)
remorse for crime fie
fn 09 after capture
46-47 (2)
Defendant or a co-perne—
trator disrobed a victim
= Victim was not clothed (in whoia or in
part)at the time of the illing
Defendant planned the kill-
ing for more than 5 mins.
Defendant planned a contem- :
porancous offense for more *
Defendant mutilated, dis-
membered, inflicted injury
upon or sexually assaulted
the victim's body after death
Defendant attemoted to con-
ceal or dispose of the body
after the murder
Defendant camitted or is
alleged to have committed
additional crimes between
the time of the murder and
his/her arrest (whether or
not charged)
Defendant gave himself up
within 24 hours after the
crime was committed
Other (secify)
v
Unxnovm: -
No special aggravating features (Enter for columns 36 & 37 only) :
Enter for extra foils if fewer than
0 apply.
!
Na, of Persons Killed
31
32
33
BY, Defendant: (Enter actual nurber) Unknown ==1 -
{AZ Aumt those actually killed by the offender i.e., those |
"killings for which defendant was the triggerman)
[Gmit]
P
R
,
T
S
S
R
Ce
Number of victims killed by otner co-perpetrators:
(enter actual nurber)
Unknown = -1 Not applicable - no Co-perpetrators = 99
No. of Persons Injured or Endangered
34
36
37
No. of Persons Injured Other than Deceased Victims
Ey Defendant: Enter actual nurber Unknown =-1 N/A (victim only person involved in the incident) ==2
By Co-perpetrators: Enter actual
L/A (victim only person involved
co-poerpetrators) = -2
If a gun was used, number of shots fired by defendant and co-perpetrators *
number Unknown ==1
in the incident or no
(Enter actual nunber or best estimate) Unknown ==1
N/A (no gun used) = -2 How many more than one person were knowirgly exrosed to "Great Risk
00
50-51 (2
0 |
52-53 (2)
70)
54-55 (0)
Lh
a)
56 57 (0)
Bh 7.733
o=
o! Death" bv the Conduct of Defendant
Unknown =-1
We acTldl TITTEOCY CF DOS estinata :
Was the "great risk of death" referred to in question 36 created in a public place?
~
o
F. * DEFENDANT
38 Status of Defenant (enter cna fail)
y
! .
0
=
1
Cn duty police officer,
Orrections employee or
fireman
White Collar Worker (Any
occupation which involves
work at a desk or semi-desk
Jab will be put into this
Classification, i.e., typist,
salesman, photographer, dental
technician, etc.)
Unskilled Labor (Ditch
digger, cammon laborers,
janitors, gardeners, etc.)
Security Guards (not swom
peace officers) :
Retired
Housekeeper - primary function
running house for self and/or
others
Student :
Jurenille (Cne not old
enough to attend school)
Babysitter of victim
Unarployed s—arcdic employment
Or nO occupation
Drifter
Professional Criminal
Proprietor/Shop Owner.
Professional (Doctor,
Lawyer, etc.) a
16 = Executive
17 = Waitress, bartender,
taxi driver, or similar
service persm
. 18 = Blue Collar Worker (all
19 = Store Clerk
20 = Service Statiecn Attendant
21 = Military
22 = Apartment Manager,
+ Hotel Mote) Manager
23 = Prostitute, Pimp 3
24 = Farmer, fisher
25 = Other than aoe
0 = Unknown
~ -.
Defendant's Role in the Victim's Death and in any Contemoorancous Felory
40 No. of Co-perpetrators: Enter actual #. Enter 0 if defendant,
PEARSE ; acted alone. If 0 is entered, enter - a) 03
99 for questions 41 § 42. 65-06 (2
99 = Unknown how many co-perpetrators, but there were
co-perpetrators
~1 = It 1s unknown if there were any co-perpetrators ~
2) 1f there was a co—perpetrator(s) did the defendant (enter wp to BY gh Fv
2 follsyt e. Act as an agent or 67-68 (2)
a. Cause or direct another employee for another 0 UL
to camit murder? = 1 person SN —
In the murder? = 8 65-70 (2)
b. Participate directly and In a contemporaneous
act as the prime mover crime? = 10
In the murder? = 2
In a contaomporaneous = 3 f. Not play a direct role
(e.g., a lookout)
c. Participate directly as a co In the murder? = 11
equal In a contemporaneous
In the murder? = 4 crime? = 12
In a contarporaneous crime= 5
g. Other = 13
d. Act as an underling or minor
participant h. Unknown = 0
In the murder? = 6
In a contamporaneous crime = 7 i. Not applicable - No co- -
perpetrator and no contem—
poraneous crime; also enter
£ for 2nd foil if only one
required = 9 7
ain sant 's Tri : Defendant's Trial : —T—
1 = The liability trial was before a jury :
2 = The liability trial was before a judge only LL
==
2A = The judge imposed sentence after the guilty plea m——
Defendant's Defense at Liability mrial 4
3'= Alibi Re J
4 = Accident
5 = Insanity or Delusional Campulsion
6 = Mistaken Identity (sameone else did it)
7 = Defendant claimed voluntary or involuntary manslaughter
9 = Enter for additional foils if fewer than 4 apply | .
olan i H Toros
75-/9 (9)
arg 02 . ”
80
15: No,
Se
rer
{1
\
Miticating Circumstances
42 Pelating to the offense from the defendant 8 perspective (enter up
to 8 foils) DEFENDANT: ; a) 2
4-5 1 = Acted under duress or the 13= Had a moral justifi- : Dé
doninaticn of another cation for killing BY Yo!
person rt (e.g., need roney 6-
; for sick child) c
2 = Defendant had used alcohol (specify) c) ge or drugs immediately pre- | - 8-9 vious to the crimes?
& 23
d) /
10-.
&
14 = Surrendered to authorities a)
12-. 36 = The attest ¢ an the defendant 15 = Cooperated oi authorities 2 at the time of the crime ' {&.g., testi fied for pro- 5 0 of the dns or alcahol : secuticon) 14-1: he/she had consumed was:
=
16 = Co-perpetrator(s) received gq) 0 Negiigible = 3 Slight = 4 life sentence(s) a lesser 16-~. Moderate = § LLY TY Dorr Ne Substantial = 6 17-20 = Other extenuating circum h) 7 = Had a history of drug or stances relating tothe Toi: alcohol abuse defendant lity and :
enter a foil 17-20 for
J 8 = Vas not the actual killer — each)
only an accessory x
10 = Had no intent to kill ;
0 = Unknown
ll = Had a questionable mental : :
canmacity to appreciate the 9 = Not applicable because no
wrongfulness of his conduct mitigating factors (enter
because of mental disease ~ for extra foils if fewer
or defect ‘than 8 apply. Foil #2-6
always applies.
- 12 = Botionally disturbed at
tire of killing, as opposed
to his being under influ-
ence of drugs or alcolovl
~I4-
.
“3 Relating to the Vicrin (Enter up to 5 foils)
asin a) [9
: VICTIM:
ge Te Lm
ERE 1 = Aroused defendant's gex 14 = Victim showing or
| desire
© talking about large b) hG amounts of money T2223
2 = Aroused defendant's rage
: Just prior to killing 15 = History of bag blood c) 49
:
between defendant ang 25-25 |
3 = Previous acticn to arouse victim defendant's hate 16 = Victim consent a 0
.
- | 16A=A participant in the Crime og a) (
4 = Aroused defendant's: fear censored to his/her killing
for life (e.q., in a 17 = victim a fugitive at
fight)
time of killing
5 = Provoked defendant with 18-20= Other extenuating cir
verbal abuse or attack cumstances related to ;
the victim (speci fv ang
6 = Had abused (Physically enter numbers i
Or Verbally) assaulteq each) +7. mafic Noy
Or injured a Person that
| defendant cared about
Was cnira 0) avret Yoon
odd TO 7 = Provoked defendant by 21 = No apparent extenuating
Striking, attacking or circumstances related a
Starting a fight with
to the victim him/her
: 8 = Victim had used alcohol or 0 = Unknown drugs immediately Previous to the crime
03 = {Enter for aveva fails if
1-13 +: that vmre the efocts on tho Victim of the alcohol used prior to the crime?
0= Negligible 11m slight 12 = moderate 13.= substantia) 43. =, 0508 crt Wwnal record
44 Statutory Aggravating Circumstances (use thig form for 10 nines
TT 2E-37 35}
45 : Number of Supplemental Victim forms (Enter actual
camleted for thig questicnnaire # campleted)
o
(regardless of actual ¢ of victims)
38 0 = only 1 victim
iD Pudnd Tes simne |
5 4
Blan]
39-79
Ye 1
Card No. Yor es
80
Coder's Name OY BAG
Please return to:
”
Hpi Bate of Coding Jo} [so - 7 David C. Ralayug : /)
College of raw
Source of Information C1 NL,
University of Iowa 1owa City, 1A 52340
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IN THE SUPERIOR COURT OF BUTTS COUNTY
STATE OF GEORGIA
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‘V. Civil Action Wo. 4909
WALTER ZANT, Warden,
Georgia Diagnostic and
Classification Center,
Habeas Corpus
Respondent.
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The deposition of RUSSELL PARKER taken before
Foster Corbin, Certified Court Reporter, all formalist
excluding the reading and signing of tha deposition,
being waived, commencing at 3:15 p.m., February 18,
1981 at the Fulton County District Attorney's Office,
Fulton County Courthouse, Atlanta, Pulton County,
Georgia,
ian,
CORBIN & LIEBERMAN
CERTIFIED COURT REPORTERS
SUITE 828, 1293 PEACHTREE STREET, N.E.
ATLANTA, GEORGIA 30309
(404) 892-3699
PROCEEDING 8
MR. STROUP: This is the deposition of Russell
Farker tkaen bv the petitioner for all purposes permitted und pr
law and pursuant to order of the court. Would vou swear the
witness?
Whereupon,
RUBEELL PARKER
was called as a witness and, having been first duly
sworn, was examined and testified as follows:
CROSS EXAMINATION
BY MR. STROUP:
Q Would you for the record state your full name, please?
A Russell J. Parker, P=A-R=K-E-R,
Q Where are vou currently emploved?
A Fulton County District Attorney's office.
Q How long have you been with the Fulton County Distric
Attorney's office?
B, B8ince July, 1973.
0 Were you the assistant district attorney assigned
to handle the cases arising out of the shooting of Atlanta
Police Officer Frank Schlatt?
A. I handled the case, ves.
0 That included the trial of Warren McCleskey?
A. Yes, sir.
Q It also involved the trial of two of the other
co-defendants;
RB, Yes, sir.
0 Do you recall when the trial of Warren McCleskey
was?
A Can I look at my notes and refresh my memory:
0. It was October, 1978; is that when we are talking
about?
A. It's approximately, ves.
a The co-defendants ware tried in the next month
separately?
A. That is my recollection, ves, sir.
0. Prior to the trial of Warren McCleskey did vou have
iz that correct?
a file which you made available to defense counsel representihg
Warren
A
McCleskey?
I had a file I made available +o all +he
counsel in this case.
0.
to all
o
e
0
cover.
today?
A
0
date to determine,as best as you can determine, it's the same
All right. There was one file that was
the defense counsel involved?
Prior to trial and during trial,
All right. Let me diract your attention to the fron
Let me ask vou, do vou have that file with vou here
Yes, I do.
All right. You have reviewed that file prior to this
made available
is
2
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file that was made available back in pretrial and trial perio
A Yes, sir.
Q All right. That specifically as i+ relates to
representation of Warren MeCleskey, vour best~-
pe
A, Warren McCleskey and the other defendants.
0. All right. It's the same fils todav as it was in
October of 19797
A, As far as I can determine.
0. Okay. Let me direct your attention just to the
cover of that file and ask vou what those cuotations are that
are written on the cover?
A. Wall, I tried to make notes by day and time as to
when defense attorneys looked at the file. Usually, I made
those notes at the time they looked at it. I would say the
notes are fairly accurate. If YT didn't put it down initially,
then there may be some discrepancy. But I would say generally
that's a falrly accurate log.
0. All right. Can we co off the record juss a second?
(Discussion off the record.)
BY MR, STROUP:
0. Let's go back on the record. We have agreed that--
counsel for the parties have agreed that we will copy
an attach to the deposition the entire file including the
covey sheet. The cover sheet that has vour handwriting on it,
what is your best view as to how accurately it detalls the
1?
| inspection of the file by defense counsel?
A I see only one entry that doesn't appear to be my
handwriting and that 1s, the entry thai Donnie Stein viewed
the file on September 27, 1978 for approximately and hour and
a half. I'm sure I gave this file to defense attorneys and
asked them to make notations as to how long they had it;
whether or not they gave me all the notations which I then
would have put on the cover sheet, I don't know-- I don't
9 | know whose handwriting that is. Maybe it's Stein's, himself.
10 Q That's the 9-27-78 entry?
1 A Uh-huh, (Affirmative.)
12 Q 80 the record is clear, could you just identify
13 | the attorneys who were representing each of the defendants?
14 A Well, Donnie Stein represented Ben Wright; the
15 | public defender initially represented Burney and continued
16 | to represent him throughout the trial. An attorney by the
17 | name of Joe Galley came into the picture somewhere during
18 | the proceedings, also represented Burney. Dupree was represented
19 | by Mike Washington, George Lawson and Charles Hudson. All 3
20 | of them came by at various times. John Turner represented
21 | MeCleskey,
22 0 With respect to John Turner's reviewing the file,
23 | do you have any recollection of his viewing the file other
24 | than the dates that's indicated on the cover sheet?
25 A I note that John Turner reviewed the file on October
5¢h, 1978 for some 3 hours and fifteen minutes. He apparently
used the file from October 9 through October 13 and throughout
the trial. John Turner and I had discussed his client's
involvement on other times. Whether or not he reviewed the
file, I can't say.
Q All right. Was it usual practice to record the date
of defense counsel's reviewing of the file and the times?
A IT ried to. I see there's actually two entries I
didn't make. Both of them were dated September 27, 1978. One
involved Stein, who represented Ben Wright. One represents
Hudson who was one of the three lawvers representing Dupree.
T'm sure there must have heen other instances where perhaps
I didn't enter parts.
0 All right. Let me just ask you, directing your
attention +o the 3 or 4 different statements that are in
the file-- was there present at the time, was there present
in the file at the time that John Turner reviewed the file
a statement from Dan Oliver dated 5-13-78?
A, Yes, sir.
0. All right. And was there similarly at the time of
John Turner's inspection of the file a statement by Ben Leste]
Tyson of 5-13-78?
A Yes, sir.
0. Was there a statement in the file at the time
John Turner reviewed the file, a statement from James Grier,
w -
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Junior of 5-13-73?
A. Yes, sir.
0. Finally, wag there present in the file at the time
that John Turner reviewed it a statement by Fenry Nelloms of
maybe May 15, "78, as bast as I can read it?
A. Yes, sir.
Q Okay. Now, I want to direct vour attention to a
statement from Offie Evans that was introduced at Warren
McCleskev's trial and ask vou a few questions about that
statement. How was it that vou came to learn that Offie Eavns
might have some testimonv that von would want to lose in the
Warren McCleskey trial?
A, Ckay. When you referred to a statement, Offie
Evans gave his statement but it was not introduced at the
trial. It was part of that matter that was made in camera
inspecticn by the 4udge prior to trial.
1) All right. Let me make clear what my question was,
+hen. O0ffie Fvans did in fact give testimony at the triale-
let me rephrase it. When Aid vou learn that Offie Fvans had
testimony that vou might want to use at trial?
A. T believe I was first notified by Detective Jowers
or Detective Harris, homicide detectives, who apparently had
been contacted by a deputy, C. XK. Hamilton. I don't recall
at this point whether Jowers and Harris went out to the jail
to talk to Offie and that involved me or whether they called me
R
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over to the Atlanta Police Department and we talked to Evans
there. I know I did talk to Evans and I did talk to him at
the Atlanta Police Department.
0. Bow about Detective Dorsey? Do vou recall Detective
Dorsey being involved at all?
A Dorsey was involved in the investigation. At what
point, I don't remember,
0. All right. How about specifically with respect to
testimony of Offie Evans? Do you recall Dorsey having any
role in developing the testimony of Fvans?
A. At this point I don't know if Dorsey had any role
in it. The only thing I remember really ls that Deputy
Hamilton, Detective Jowers and Harris.
(4) Did you, yourself; have any prior dealings with
0ffie Evans prior to his becoming involved in the Frank E&chla
case?
A No, sir, I didn't know Offie Evans prior to that ti
Q Okay. Were you aware at the time of the trial of
any understandings between Evans and any Atlanta police depar
ment detectives regarding favorable recommendation to be made
on his federal escape charge if he would cooperate with this
matter?
A. No, sir.
0. Let me ask the question another way to make sure
we are clear. Are vou today aware of any understanding betwee!
Bele
Me »
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J
10
any Atlanta police department detectives and Offie Evans?
A No, sir, I'm not aware of any. I understood that
ha was not prosecuted for the escape but I understand he was
placed back in the federal penitentiary.
0 Okay. Did vou, vourself, after the Warren McCleskey
trial, contact any FBI agents to discuss with them the matter
of a pending escape charoe?
A I have talked to several FRI agents about the case.
Only one time did it involve 0Offie Fvans. And that was after
all the trials were completed. And I believe it was in regard
to segregating him in some way ont at the federal pen for his
own protection.
0 Do you know who the FBI agent was who you spoke wid
regarding Offlie Evans?
A, I don't at this time. But I did write a letter to
the warden in the federal pen. At least I wrote, drafted it
for Mr, Slayton.
Q 2ll right. Let me ask vou your recollection on the
timing. Is it possible vou contacted an FBI agent regarding
Offie Evans's escape charge prior to the trial of the co~
defendants Burney and Dupree?
A I don't ‘know. I've got a letter dated November 20t
1978, when I wrote to the Warden at the United States
Penitentiary in Atlanta. I believe that would ba after all
trials had been completed. I recall difficulties having Offie
h
h,
11
Evans brought over to trial because he was a federal prisoner
I believe the first time we brought him over, he was still in
the Fulton County Jail, as I recall. [ may be wrong. We still
had to use U, 8, Marshals, I recall the second time he was
brought over, we still have to use U. &., Marshals. And I
don't recall now whether he was still in Fulton County Jail
or whether he was in the Federal Pen. But I believe I did have
a conversation with the U. 5, Marshal's office and also with
the FBI agents as to how to get him here.
0 All right. How about prior to the trial of the co-
defendants? Do you have any recollection of a conversation
bringing to the FBI's agent attention the fact that Evans
had testified in Warren McCleskey's trial?
A. Specifically, no. I think, however, when I wrote
this letter to the warden, I think I told the FBI agent who
gave me that name what Offie Evans had done, that is, that
he had testified at both trials and what the results of those
trials were.
0. All right. Let me just refresh your recollection, if
it does-- let me show you a trial transcript. This is State
of Georgia versus David Burney and Bernard Dupree, trial
commencing November 13, 1978 at Atlanta. I direct your
attention to a statement that vou made at page 271 of that
transcript—-
A, Okay.
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Q That indicates that prior to the trial of the
co-defendants and after MeCleskey's trial, vou did cor.tact an
2. I still don't know whether T contacted him or he
contacted me. But evidently we had a conversation.
0 All right. Your statement as of the trial of Bernar
Dupree and David Burney was that you contacted the agent; is
that not correct, to determine if he was going +o continue to
press charges for escape?
5 I say I have contacted. I still don't know whether
I contacted the agent as +o how to get Offie Fvans +o testify
or whether the agent called me.
1] Rll right.
A, There was some question in nv mind as to how to
get him over here the second time.
0 Your earlier statement made to the court was, I hav
contacted the agent with the Federal Bureau of Investigation
to determine if he is going to continue to press charges of
escape: isn't that correct?
A. That's what the transeript says, sir.
0. "I have not asked him to drop charges of escape but
I believe he ig going to act on that information I have passed
to him, that is, Mr, Evans did testify once before. And TI
don't believe the fedaral charges of escape, the latest feder
charges, will be processed against Mr. Dvans.®
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Q That 1s correct, that is a correct statement of wha ie
you said earlier?
A, IL believe it is corrsct, sir.
Q All right. You don't recall at that time who that
FBY agent wag?
A: No. I'm sure it was the agent that would have
investigated primarily his charge of escape.
Q. You do not have anv records that would indicate
the name?
A I probably have a yellow phone tab, personal file,
with his name on it.
Lo) Okay.
A But I believe it's about this letter I wrote to
Hanberry rather than relating to this conversation that you are
asking abhout.
2 All right. I think that's all that I have other: than
that I do want the record to clearly reflect that tha parties
have agreed that we will copy the entire investigative file
that was made available +o coungel--
A, All counsel.
0 All counsel including John Turner--
A, Right.
Q And it will be attached to the deposition as Fxhibit
24
25
ME. DUMICH: That's fine. Are you through?
MR. ETROUP: Yeah, that's all I have.
REDIRECT EXAMINATION
BY MR. DUMICH:
0. I just have a few questions, Mr. Parker, in regards
to 0ffie Evans's testimony at trial, Mr. McClegkey's trial,
was there any deal whatsoever made with Mr. Evans in exchange
for his testimony at the trial?
A I'm not aware of any. I don't know of any deal.
Q What about at the Burney trial? Was there anything,
was there any indication given by you to Mr. Evans prior to
his testimony in the Burney trial that you would do anything
for him or try to do, try to contact people for him to try
and ses that his escape charce wasn't prosecuted or that he
would get a reduction in sentence or anything alone those
lines?
A I have never asked anybody to drop a charge. I don'
know of Offie ever asking anybody to try and get the charges
dropped for him. I am not surprised that they are dropped.
Cbviously the police officer was killed and the guy testified
twice for the state. It doesn't surprise me in the least that
the charges have been dropped. But the fact that the charge
was dropped doesn't mean that he wasn't punished because he
was put back in the federal pen.
0. Po you have any knowledge that Mr, Fvane was workin 2
d
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25
ag an informant for the Atlanta Police or any police authorit]
when he was placed in the Fulton County Jail and when he over]
thease coversations of Mr. McCleskey?
A. I don't know of any instance that Offie Evans had
worked for the Atlanta Police Department as an informant prio;
to his overhearing conversations at the Fulton County Jail.
0. ©: Do you recall whether Mr, Turner, Mr. John Turner,
who represented Mr. McCleskey at the trial, had engaged in
any plea negotiations with you during the course of the pretr:
contacts with him prior to Mr. McCleskey's trial?
8 John Turner contacted me several times, both by
telephone and in person-- as to the disposition of the case,
T don't think at any time did he ever indicate to me that
McCleskey wanted to plead guilty. In fact, the morning of
trial, as I recall, John Turner asked for a short pretrial—-
and went into the witness room. Of course, he wanted to know
what the matters were at that time that the judge had made
an in. camera inspection of. Of course, I told him X couldn't
tell him; no sense in having an in camera inspection if I
was going to do that. At that time I believe he told me that
McCleskey wanted a trial, was adamant, would not plead guilty
Q Okay.
A we never discussed a plea.
0 Let me ask you this: Are you aware of why--
A. There were other things that went along with that.
a
J
ial
1 0. Would you explain?
2 A McCleskey had given two statements, one in Marietta
3 | and Cobb County, one at the Atlanta Police Department. According
4 | to John Turner, McCleskey felt like he could stand on the one
5 | in Atlanta, I mean the one in Cobb County, claimed that the one
6 | in Atlanta was coerced. I'm sure those are statements that were
7 | given to John Turner that are not listed on this file cover.
8 | In other words, his client's statements~- I'm sure the other
| 9 | attorneys representing thelr clients got copies of their
10 | clients' statements that are not listed on the file cover. So
11 | when I say they reviewed the files, there are other instances|
12 | where they have gotten information perhaps, autopsy, I'm sure
13 | they got portions of the crime lab reports. I'm sure they got
14 | copies of their clients’ statements. And that's one reason I
15 | was suggesting that if you are going to attach any part of the
16 | file, you ought to attach the whele thing because even the
17 | clerk's file, you'll see where the state filed a motion to gat samples of hair of all the defendants. We were trying to
19 | match up hair samples. So I'm sure they were aware of lab
20 | reports that had been prepared and why we were preparing the
21 | motion for hair samples, so when I say this cover sheet ig--
22 | 1 don't think really shows the whole picture of the information
23 | that they had. 24 0 Okay. Let me ask you, are vou aware of why the
25 decision was made to seek the death penalty in this particular
A Well, I'm not so sure I understand axactly what you
are asking me. The cliecnt-~ John Turner said his client claimed
%
he wasn't guilty. IT don't think John Turner ever sald anything
other than that. Everything I had indicated that MoCleskey
was the person that killed Officer Schlatt,
Q Did Mr. McCleskey's race have any influence on your
decision to seek the death penalty in this case?
A, Xo, sir.
0 What about the race of the victim, Officer Schlatt?
Did that have any bearing on your decision to seek the death
penalty?
n, Ho, sir,
0 Earlier when you testified that vou may have contacted
the FEI in regards to Offie Fvans's testimony in this case,
was that in any way an attempt to aet favorable treatment
or Mr, Cf{fie Evans in reoards to not being prosecuted? You
may have covered that earlier. I just wanted to make sure we
get that in the record.
A I don't think I ever asked him to do anything; in
fact, I'm sure I didn't. Like I say, I'm not surprised that
he wasn't prosecuted.
0 Ckay.
A I'm not shocked, in other words.
0, That's all I have.
18
| RECROSS EXAMINATION
| 2 | BY MR. STROUP:
2 Q I just have a couple more. Would it surprise you
* | that one of the Atlanta Police Department detectives who had
been dealing with 0ffie Evans had made an agreement or come
; to an understanding with him to make a favorable recommendation
7 in exchange for his cooperation at the McCleskey and Burney~- tT
B Dupree trialga?
; A T don't really see how anybody can promise anything,
i I don't know of any. I'm not aware of any such agreement. I'm
"| not aware of any such offer. |
2 0. Would it surprise vou to learn that that understanding
13 had been reached? | !
3 A T don't know of any officer that would make that
i premise but let me explain something eise to you. There is
ie generally an FBI agent that follows the crimes in the Atlanta :
4 area that is a contact point with the Atlanta Police Department.
T don't remember his name at this point. But I think we first
i learned from him that Ben Wricht had been arrested out at |
i Pine Bluff, Arkansas. I think he was pretty much in daily
2 contact with the FBI agent out there as to, was this the
a Ben Wright we were looking for, was this the man we were looking
3 for, because obviously he was using another name. I have
talked to the FBI agent. I have talked to him several times
2 during the time that the individual that was arrested out there,
19
whether or not he was Ben Wright. But we've never discussed
Of fie Evans. I think it was probably common knowledge among
the homicide officers or Detectives that 0ffie Evans had
cooperated.
C There was a close working relationship between the
homicide detectives and the FBI?
A Well, I don't know, What I'm saying is they've got
a contact man. There's probably one that hance around down
there to furnish them information and get information in
return, homicide, armed robberies, motor vehicle thefts,
burglaries, con artists. I don't know of any agreement,
0 T's fair to say that there would certainly be an
opportunity for Atlanta police officers to put in a good word
with the FBI agent in Offie Evans's behalf?
A I'm sure. That's why I say,I don't suspect that
anybody has put in any good word, but I'm not surprised that
Offie Fvans was not prosecuted for his escape, You take an
anta police officer, police officer anywhere that's been 1
killed, somebody ends up testifying for the state or for
Ir
the federal government, putting his life in danger, it doesn’
surprise me at all that that's the end result,
0 Prior to trial, did you take any steps at all to
Ww
determine whether or not any Atlanta Police detectives invelv
i
on the case had come to an understanding with Offie regarding
A Offie Fvans was interviewed by Jowers and Harris
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' | and myself at length one day. I don't know how many times we
2 | questioned him. But I don't think he ever told us that he
3 | ever expected anything. He never asked for anything. I don't
* | know fof any promises or any requests that Qffie Fvans ever
° | made.
5 Q Let me also, just so we're clear on this, let me
7 | refer vou again to thie same transcript: this is State of |:
8 | ceorgia again versus David Burney, Junior and Bernard Dupree-t |
g again, let me at this time direct you to O0ffie Bvans's testimony |
10 | a+ the bottom of 964 and 965. T think you were examining him |
11 | at that point in the record. Dees he not indicate that the |
12 | homicide detectives who came out and talked to him were Harris |
13 | and Doregey?
3 A. (¥ods head affirmatively.)
15 0 vou, yourself, were not involved in any meetings
16 | where Dorsey was present, along with yourself and Offle Fvans?
37 B. Yeah, I remember it was at the atlanta Police Department
is with Parris and Jowers. Dorsay may very well have been in that.
9 11 don't remember Dorsey being thare.
28 0 Okay.
21 A As I remember, it was Harris and Jowers.
2 Q Lat me ask you one more question, and that relates
z to your discussion of the cover gheet entries on the
2 investigative files that defense counsel vere 211 able to
> inspect. You were indicating that there was some information
}
ad
that defense counsel had cotten without an inspection of the
file?
A. Yes, sir.
G. Hould defense counsel, in order to review the
bulk of the witnesses' statements that are contained in here
have had to come and read the investigative file?
3 Well, if they wanted to read my file, obviously
they are going to have to come over and read it. I didn't
give them coples of the statements except their clients’
statements. There was a preliminary hearing transcript, I
don't know whether they had a copy of that now or not. But
I do remember there was a preliminary hearing transcript. And
I don't remember who all had copies of it.
MR, STROUP: All that. That's all I have.
MR. DUMICH: I don't have anything more,
(Whereupon, the deposition was concluded.)
ERT ITPRPICATY
GEORGIA )
FULTON COUNTY )
I, Foster Corbin, Certified Court Reporter, certify
that at the above-named deposition I did duly swear the witnes
and that pages 1 through 21, inclusive, are a true and
complete transcription of my stenographic notes taken at the
deposition and that same was reduced to typewriting by me
personally.
2]
CURRICULUM VITAE
Richard A. Berk
Department of Sociology
University of California
Santa Barbara, California 93106
Date of Birth: 14 October 1942
Place of Birth: New York City
EDUCATION
1960-1964: Yale University, B.A. in Psychology
1964-1965: The Johns Hopkins University, Special Student in the
Department of Psychology
1965-1969: The Johns Hopkins University, Department of Sociology,
Ph. D., September 1970
EMPLOYMENT
1970-1973: Assistant Professor of Sociology and Urban Affairs,
Northwestern University
1973-1976: Associate Professor, Department of Sociology and the
Center for Urban Affairs, Northwestern University
1976-Present: Professor of Sociology, University of California,
Santa Barbara
1983-Present: Director, Social Process Research Institute,
University of California, Santa Barbara
ONGOING PROFESSIONAL ACTIVITIES
1068-Present: American Sociclogical Association
1975-Present: Editorial Board, Sociological Methods and Research
1976-Present: Co-editor, Evaluation Review (formerly Evaluation
Quarterly)
1977-Present: American Statistical Association
18977-Present: Econometric Society
1977-Present:
1977-Present:
1977~-Present:
1978-Present:
1378-Present:
1¢78-present:
1980-Present.:
member)
1982-Present:
1982-Present:
Criminology
1984-Present:
1983-Present:
Data Use and
1983-Present:
1983-Present:
1984~-present:
r4-present: lad
Lengitudinal
1$g84—-present:
1984-present:
Editorial Board, Social Science Research
American Economics Association
Evaluation Research Society
Editorial Board, Law and Policy Quarterly
Law and Society Association
American Association for the Advancement of Science
Operations Research Society of America (Associate
The American Society of Criminology
Editorial Consultant, Journal of Criminal Law and
Editorial Board, Quantitative Criminology
California Attorney General's Advisory Committee on
Publications
The Sociological Research Association
Editorial Board, Sociological Methodology
Board of Overseers, General Social Survey
SSRC Committee, Comparative Evalu=ztion of
Date
Visiting Scholar, General Accounting Office
American Sociological Association representative to
Section U (Statistics) of the American Association for the
r3vancement of Science
..T PROFESSIONAL ACTIVITIES OF SPECIAL NOTE
1875-1977:
18771:
31877-19880:
Program Committee,
Executive Council,
Editorial Board, American Sociological Review
Pacific Sociological Association
Criminology Sectivn of the American
Sociological Association
1978-1982:
Sociological
Executive Council, Methodology of the American
Association
1272-1983: SSRC Committee on 3 «ial Indicators 1 -—
1980-1982: National Academy Sci=:nces Committee on Sentencing
Research
1982-1984: Board of Trustees, Law and Society Assocation
1982-1983: Review Panel Member, National Science Foundation,
Sociclogy Program
BOCKS
1) "Between White and Black: The Faces of American Institutions
in the Ghetto," in Supplemental Studies for the National Advisory
Commission on Civil Disorders, (with P. H. Rossi, D. P. Boesel,
B. K. Eidson and E. Groves), 1968, Government Printing Office
2) Collective Behavior, W. C. Brown, Dubuque, Iowa, 1974
3) The Roots of Urban Discontent, (with P. H. Rossi and
B. K. Eidson), John Wiley and Sons, New York, 1974
4) A Measure of Justice: An Empirical Study, Changes in the
California Penal Code, 1955-197i, (with S. Lesser and H.
Brackman), Academic Press, New York, 1977
5) Corrections Reform and State Elites, (with P. H. Rossi),
Ballinger Press, Boston, 1977
6} Crime as Play: Deliquency in a Middle Class Suburb, (with P.
Richards), Ballinger Press, 137%
7) Labor and Leisure at Home: The Organization of the Household
Day, {with S. F. Berk), Sage Publications, 1879
S) Money, Work and Crime: Experimental Evidence, (with P. H.
Rossi and K. Lenihan), Academic Press, New York, 1980
9) Water Shortage: Lessons in Water Conservation Learned From the
Great California Drought, 1976-1977, (with T.. Covley, C. J.
L-Divita and XN. Sredl), Abt Books, 1881
CONTRIBUTIONS TO PROFESSIONAL JOURNALS
1} "Bhite Institutions and Black Rage, (with P. H. Ross}, D. P.
Boesal. 2. XK. Eidson and W. E. Groves), Trans-Action, March 13969,
Pp.24— &
2) "Establishing Rapport with Deviant Groups," (with J. Adams)
Social Problems, Fall 1970
3) "Local Political Leadership and Popular Discontent in the
Ghetto," (with P. H. Rossi), The Annals of the American Academy
of Political and Soci=zl Science, September 1970
4) "The Status of Women in Modern Language Departments: A
Report," (with F. Howe and L. Morlock) Proceedings of the Modern
Language Association, May 1971
5) "Race and Class Differences in Per Pupil Staffing Schools,
1970-1971," (with A. Hartmann), Integrated Education,
January 1972
6) "Patterns of Vandelism During Civil Disorders as an Indicator
of Selection of Targets," (with H. Aldrich), American
Socinlogical Review, Volume 37, Number 5, October 1972
7) "The Structure of Normative Judgements Concerning the
Seriousness of Crimes," (with P. H. Rossi, E. Waite and C. Bose),
American Sociological Review, April 1974
8) "A Gaming Approach to Crowd Behavior," American Sociological
Review, June 1974
9) "Champagne's Assessment of Legal Services Programs: An
Evaluation of an Evalution," Urban Affairs Quarterly, Spring 1974
10) "Generalized Performance Measure for Urban Political
Systems," (with P. H. Rossi), Social Science Quarterly, Spring
1974
11) "Performance Measures: Half Full or Half Empty?" in Social
Science Quarterly, Spring 1974
12) "Determinants of White Collar Income--An Evaluation of Equal
Pay for Equal Work,” (with W. Bridges), Social Science Research,
Fall 1974
13) "Doing Good or Worse: Evaluation Research Politically Re-
Examined,” (with P. H. Rossi), Social Problems, February 1975
14) "Descriptive Distortions in Covariance Based Statistics,”
(with M. Hennessy and R. McCleary), Social Science Research, June
1976
15) "Household Work in the Suburbs: The Job and Its
Participants," (with C. Berheide and S. Berk), Pacific
Sociological Review, Ocicber 1976
16) "Broken Homes and Middle Class Delinquency: A Re-Evaluation,”
(with M. Hennessy and P. Richards), Criminology, February 1977
5
17) "The Vagaries and Vulgarities of Scientific Jur; Selection,"
(with M. Hennessy and J. Swan), Evaluation Quarter}, February
1977
18) "Discretionary Methodological Decisions in Appl:«=d Research,”
Sociological Methods and Research, February 1977
19) "Sex, Earnings and the Nature of Work: A Job Level Analysis
of Male-Female Income Differences," (with W. P. Bridges), Social
Science Quarterly, February 1978
20) "A Time Series Analysis of the Impact of a Water Conservation
Campaign," (with J. E. Maki and D. M. Hoffman), Evaluation
Quarterly, February 1978
21) "A Simultaneous Equation Model for the Division of Household
Labor," (with S. F. Berk), Sociological Methods and Research, May
1978
22) "The Wheels of Misfortune: A Time Series Analysis of Bicycle
Accidents on a College Campus," (with N. Jurik, M. Johnson and T.
Rose), Evaluation Quarterly, November 1978
23) "Doing Good Well: The Use of Quantitative Social Science Data
in Advocacy Proceedings," with J. Oppenheim), Law and Policy
Quarterly, April 1979
24) "An Introduction to Estimation Procedures for Pooled Cross-
Sectional and Time Series Data," (with D. Hoffman, J. Maki, D.
Rauma and H. Wong), Evaluation Quarterly, August 1979
25) "A Dynamic Decision Theoretic Perspective on Modeling the
Performance of the Criminal Justice System," (with T. Cooley),
Social Sciences Research, September 1979
26) "Price and Prejudice: A Variance Components Analysis of Some
Causes and Consequences of Regulating Chicago Storefront Banks,
(with J. Oppenheim), Law and Society Review, Winter 1980
27) "Reducing Consumption in Feriods of Acute Scarcity: The Case
af Water,” (with.T. Cooley. CC. J. LaCivita, R. Parker, XK. Sredl,
and M. Brewer), Social Science Research, March 1980
28) "Bringing the Cops Back In: A Study cf Efforts to Make the
criminal Justice System More Responsive tc Incidents of Family
Violence," (with D. R. Loseke, S. Fenstermaker Berk, and D.
nauma), Social Science Research, September 1980
29) "Crime and Poverty Among =: -Offenders: Some Experimental
Evidence,” (with P. H. Rossi and K. J, Lenihan), American
Sociological Review, October 1980
30) "Does I" Really Matter: A Study of the Use of IQ Scores for
Tracking tt * Mentally Retarded," (with A. shih and W. Bridges),
American Sc. iological Review, February 1981
31) "On Non-Linear Hierarchical Log-Linear Models and the
Iterative Proportion Fitting Algorithm," (with J. Magidson and J.
Swan), Sociological Methods and Research, August 1981
32) "on the Compatibility of Basic and Applied Sociological
Rescarch: An Effort at Marriage Counseling," The American
Sociologist, November 1981
33) "An Overview of Evaluation Strategies and Procedures," (with
P. H. Rossi), Human Organizations, Winter 1981
34) "A Test of The Stability of Punishment Hypothesis: The Case
of California, 1851- 1970," (with D. Rauma, S. Messinger and T.
Cooley), The American Sociclogical Review, December 1981
35) "Throwing the Cops Back Out: The Decline of a Local Program
to Make the Criminal Justice System More Responsive to Incidents
of Domestic Violence," (with D. Rauma, D. R. Loseke and 8S. F.
Berk), Social Science Research, September 1982
36) "Selection Biases in Sociological Data, ™ (with S. C. Ray),
Social Science Research, December 1982
37) "Crime and Poverty: Some Quasi-Experimental Evidence," (with
David Rauma), Social Science Research, December 198%
38) "Beyond Nine to Five: Sexual Harassment on the Job," editor
with M. B. Brewer of a special issue of the Journal of Social
Issues, Vol. 38, No. 4, 1883
39) "Capitalizing on Nonrandom Assignment to Treatments: A
Regression Discontinuity ‘Evaluation of a Crime Control Program,"
(with David Rauma), Journal of the American Statistical
Association, March 1983
40) "An Introducton to Sample Selection Bias
po
in Sociological
Data," American Sociological Review, June 1983
41) "Prisons as Self-Regulating Systems: The Case of California
from 1851 to 1980," (with S. Messinger, D. Rauma and J.
Berecochea), Law and Society Review, volume 4, No. 17, 1983
42) "The Specific Deterrent Effects of Arrest for Domestic
Assault," (with L. Sherman), American Sociolcgical Review, June,
1984
43) "Cops on Call: Summoning the Police to Domestic Violence
Incidents, (with S.F. Berk, P. J. Newton, and D. L. Loseke), Law
an? Society review, volume 18, No. 3, 1984
44) "The Foundations of Parole in California," (with S. L.
Messinger, J. E. Berecochea, and D. Rauma), Law and Society
Review, forthcoming
CONTRIBUTIONS TO BOOKS
3) "White Institutions and Black Rage,” {with P. H. Rossi, D. P.
Boesel, B. K. Edison and W. Eugene Groves), in Ghetto Revolts,
Peter H. Rossi (ed.), MIT Press, 1870
2) "The Emergency of Muted Violence in Crowd Behavior: A Case
Studv of an Almost Riot," in Collective Violence, James F. Short,
Jr. and Marvin E. Wolfgang (eds.), 1972, Aldine Press
3) "The Controversey Surrounding Analyses of Collective Violence:
Some Methodological Notes," in Collective Violence, James F.
Short Jr. and Marvin E. Wolfgang (eds.), 1972
4) "Characteristics of Public Issues as Determinants of Political
Behavior," (with P. H. Rossi), in Cities in Change, edited by
John Walton and Donald Carns, Allyn Bacon, 1973
5) "Data Requirements for Evaluation Research: A Plea to Plan
Ahead," in Criminal Justice Research, Emilio Viano (eds.), D. C.
Heath, 1975
6) "Social Science and Jury Selection: A Case Study of a Civil
Suit,” in Psychology and the Law, Gordon Bermant, Charlon Nemeth
and Neil Vidar (eds.), D. C.
Heath, March 1976
7) "Some Ethical Implications of the New Jersey-Pennsvlvania
Income Maintenance Experiment," (with P. H. Rossi and M.
Boeckman), in Ethics and Social Intervention, H. C. Kelman and D.
P. warwick (eds.),
enicphere Press, Washington, D. C., 1977
8; »The“Politics of Corrections Reform,” (with P. H. Rogsl) in
Correntions and Punishment: Structure, Function, and Process,
Vclume VIII, David Greenburg (ed.), Sage Publications, Beverly
Hills, 197%
9) "Feet of Clay in Hobnail Boots: An Assessment of Statistical
Inference in Applied Research," (with M. Brewer) ir. Evaluation
Studies Review Annual,
Volume III, Thomas Cook (ed.), Beverly Hill: Sage Publicatrions,
1978
10) "The New Home Economics: An XAjenda for Sociological
Research," in Women and Househo! : Werk, Sarah F. Berk (ed.), Sage
Publications, 1980
11) "Money Work and Crime: A Summary of Findings from the
Transitional Aid Research Project," (with P. H. Rossi and K. J.
Lenihan), in Problems in American Social Policy Research, C. C.
Abt (ed.), Abt Books, 1980
12) "A Didactic Review of Some Recent Statistical
Developments with Implications for the Evaluation of Criminal
Justice Programs," in Handbook of Criminal Justice Evaluation, M.
Klein and K. Teilmann (eds.), Sage Publications, 1980
13) "Evaluating Criminal Justice Legislation," (with P. Burstein
and I. Nagel) in Handbook of Criminal Justice Evalutions, M.
Klein and K. Teilman (eds.), Sage Publications, 1980
14) "A Retrospective on 'Prison Reform and State Elites'," (with
P. H. Rossi) in Measuring Social Judgements: The Factorial Survey
Approach, Steven Nock (ed.), Sage Publications, 1980
15) "A Further Test of the Stability of Punishment Hypothesis,"
(with D. Rauma and S. Messinger) in Methodological Developments
in Criminological Research, J. Hagan (ed.), Beverly Hills: Sage
Publications, 1982
16) "Where Angels Fear to Tread and Why," in Standards for Prog-
ram Evaluation, P.H. Rossi (ed.), San Francisco: Jossey-Bass, 1982
17) "Training and Retooling in Quantitative Methods for Applied
Sociological Research," in Recent Development in Applied
Sociology, P. H. Rossi and H. Freeman (eds.), San Francisco:
Jossey-Bass, 1983
18) "The Criminolecgical Diagnosis of Collective Behavicr: An
Argument for Disaggregate Labeling," (with L. Masotti) in
Criminological Diagnosis: An International Perspective, Wolfgang
and Ferrzcuti (eds.), Boston: Lexington Press, 1983, (written
in 1074)
19) "Mutual Combat and Other Family Violence Myths," with S. F.
Berk, D. R. Loseke and D. Rauma) in The Dark Side of Families,
Finkelhorn et al. (eds.), Beverly Hills: Sage Publications, 1983
20) "Introduction and Overview," (with Marilynn Brewer) in Beyond
Nine to Five: Sexual Harassment on the Job, M. B. Brewer and R.
A. Berk {+.us.), special issue of the Journal of Social Issues,
Vol. 34, Bo. 4, 1983
21) "Supply-Side Sociology of ti: Family: The Challenge of the
New Home Economics," (with S. ¥ Serk) in The Annual Review of
Sociology, Volume 9, R. H, Turs.-r (ad.), 1983
22) "The Scope of Evaluation Accivities in the United States,”
(with Peter H. Rossi) in Evaluating the Welfare State: Social and
Political Perspectives, S. E. Spiro and E. Yuchtman-Yar (eds.),
John Wiley, 1983
23) "An Introduction to Applications of the General Linear
Model," in Handbook of Survey Research, P. H. Rossi, J. Wright
and A. Anderson (eds.), Academic Press, 1983
24) "Some Consequences of Convenience Samples in Crime and
Justice Research," in Proceedings of the American Statistical
Association Workshop on Crime and Justice Statistics, A. Gelfand
(ed.), National Institute of Justice, Bureau of Justice
Statistics, Washington, D.C., 1983
25) "Data Collection Strategies in the Minneapolis Domestic
Assault Experiment," in H. Freeman, P.H. Rossi and L. Burstein
(eds.), Data Collection in Evaluation Research, Sage
Publications, forthcoming
= PLAINTIFF'S |}
EXHIBIT of
LL [SS
i
P
E
N
G
A
D
-
B
a
y
o
n
n
e
STATE BOARD OF PARDONS
AND PAROLES
800 PEACHTREE STREET, N.E.
ROOM 610
ATLANTA, GEORGIA 30308
FIELD OPERATIONS MANUAL
TABLE OF CONTENTS
CHAPTER
SECTION
I. GENERAL
1.01 Purpose of Manual ] I-1
1.02 Changes to the Manual ; I-1
1.03 Agency Organization I-1
(: 11. Field Office Procedures
2.01 Office Hours 11-1
2.02 Area Supervisors II-1
2.03 Chief Parole Officer 11-1
2.04 Parole Officer II II-1
2.05 Parole Officer I 11-2
2.06 Institutional Parole Officer 11-2
2.07 Dress Code and Other Requirements 11-2
A 2.08 Office Files II-3
2.09 Personnel Files 11-3
2.10 Office Supplies 11-3
2.11 Emergency Procedures 11-4
2.12 Telephone Use 11-4
3.13 Office Use 11-2
2.14 Secretarial Duties 11-4
2.15 Records and Case Files 11-6
2.16 Access to Headquarters Office Case Files 11-7
2.17 Supplies and Materials 11-8
2.18 Business Cards and Forms (Printing) 11-8
2.19 Equipment and Office Furnishings 11-8
#4 A Field Office Procedures (continued)
2.20 Delivery of Supplies and Equipment II-9
2.21 Repairs and Maintenance of Equipment II-9
2.22 Rental of Office Space | 11-9
2.23 Monthly Statistical Report II-9
2.24 Travel & Expense Vouchers 11-10
2.25 Miscellaneous Expenses 11-11
2.26 Subpoenas : II-11
C 2.27 Board's Relationship with Department 11-12
~ of Offender Rehabilitation
2.28 Public Relations I1-12
2.29 Outstanding Service Award 11-13
11I. Investigation
3.01 Background Information III-1
3.02 Post Sentence Investigation I1I-2
3.03 Pre-Parole Investigation I1I-4
{: 3.04 The Pre-Parole Investigation ITI-9
3.05 The Parole Program 111-13
3.06 Investigation of Cases for Possible III-14
Exception
3.07 Youthful offender Investigations | 111-14
3.08 Summary I11-17
IV. Parole Supervision
4.01 Purpose and Objectives of Parole Supervision Iv-1
4.02 Field Notebook Sheet IvV-1
4.03 Notification of Assignment of Parolees IV-2
4.04 Notice of Arrival IV. no
IV. Parole Supervision (continued)
4.05 The Initial Contact Iv-2
4.06 Monthly Supervision Report IV-3
4.07 female Gitenders IV-4
4.08 Initial Notice IV-4
4.09 Progress and Conduct Report IV-4
4.10 pritiatien and Maintenance of Case File IV-6
4.11 Classification of Supervision IV-6
4.12 Youthful Offender Supervision IV-7
hz 4.13 Employment of Parolees and Youthful Offenders IV-8
4.14 Delinquent Reports IV-9
4.15 Warrants Iv-12
4.16 Preliminary Hearings IvV-12
4.17 Waivers of Final and Preliminary Hearings IV-14
4.18 Final Hearings 1V-14
4,19 Carrying a Handgun | IV-15
4.20 Arresting a Parolee or Youthful 1V-17
3 Offender Violator
& 4,21 Transporting a Parolee Violator IV-18
4.22 Badges and Identification IV-20
4.23 Visits to Places in Georgia Iv-21
4.24 Transferring a Georgia Parolee to Iv-21
Another District
4.25 Transferring a Parolee Within District IV-22
4.26 Restoration of Civil and Political Rights Iv-23
4.27 Death of a Paroles IV-23
4.28 Discharge 1V-23
4.29 Offenders with Probation to Follow Pargle IV-23
4.30 Conditional Releases by the State Board 1v-24
of Pardons and Paroles
Iv. Parole Supervision (continued)
4.31 Techniques of Supervision IV-24
INTERSTATE COMPACT MATTERS FOR PAROLE
4.32 Functions of Interstate Compact IV-25
4.33 Travel Out-of-State IV-25
4.34 Transferring a Georgia Parolee to IV-26
to Another State
4.35 Transferring Out-of-State Parolees IV-26
to Another State
7
C.. 4.36 Transferring Out-of-State Parolees IvV-27
to Another District
4.37 Returning Out-of-State Case Papers 1v-27
4.38 Closing Out-of-State Files IV-28
4.39 Receiving a Case for Supervision from IV-28
Another State :
4.40 Interstate Progress and Conduct Reports IV-28
4.41 Returning Out-of-State Violators IV-29
‘
{ V. Perscnnel Matters
5.01 State Merit System v-1
5.02 Pre-Employment Health Questionnaire V-1
5.03 Working Test V-1
5.04 Sick and Annual Leave V-l1
5.05 State Holidays V-3
3.06 Orientation and Training V-4
5.07 Other Personnel Matters V-4
LIST OF EXHIBITS
A. officer's Rule Book
B. Investication and Supervision Cards
Ce parole Officer's Monthly Statistical Report
and Instructions for Completion
D. Non-Travel Expense Statement
E. Travel Expense Statement
C: I-1 Post-Sentence Investigation Request and Work Sheet
1-2 Report of Investigation
1-3 Post-Sentence Report of Investigation
I-4 Post—-Sentence Report of Investigation (Sample Format)
I-5 personal History Statement
I-6 waiver of Parole Consideration
I-7 authorization for Pre-Parole Investigation and
Release Case Material on File
I-8 Request for Personal History Statement
{ I-9 Personal History Statement
1-10 Application for Compact Services
I-11 Pre-Parole Social Report of Investigation
1-12 Pre-Parole Social Report of Investigation (Sample Format)
1-13 Social History Worksheet
I-14 Residence Plan
I-15 0ff-r of Employment
I-16 Request to Arrange Or verify Parole Program
I-17 Youthful Offender Legal Investigation Request
I-18 Youthful Offender Post-Release Plan Verification
I-19 Request for Special Interview
LIST OF EXHIBITS
S-1 Parole Officer Notebook
S-2 Notice of Arrival
S-3 Notice -Monthly Supervision Report
S-4 Initial Notice
S-5 Progress and Conduct Report
S-6 Memorandum Request - Termination of Release
C S-7 Delinquent Report - Arrest
S-8 Delinquent Report - Follow-Up
S-9 Delinquent Redore - Conviction
S-10 Delinquent Report Delinquency-Absconded
S-11 Delinquent Report Delinquency
S-12 Waiver of Final Hearing
S-13 Waiver of Preliminary Hearing
S-14 Notice of Hearing
C S-15 Transfer Request
£5 S-16 Request - Commutation Political and Civil Rights Restoration
S-17 Citizenship Rights Application Form
S-18 Travel Permit
S-19 Interstate Notice of Arrival
S-20 Waiver of Extradition (Agreement to Return)
S-?21 Application for Compact Services
FORM NUMBER
107 5.255
{BS 25
102b
PF0-4
PFO-4A
PFO-4A
DCOR50-040
505 -
PFO-2
P1930
PFO-1
31 (PI-47)
PFO (4-3)
CROSS REFERENCE SHEET
EXHIBIT
I-18
1-19
NARRATIVE
REFERENCE PAGE
11-6,7
CROSS REFERENCE SHEET - CONTINUED
FORM NUMBER
PFO-9
PI-405
PFO-11
PFO-10
PFO-12
PFO-16
PFO-14
CBS~7
CBS-17
PI-1046
CBS~-12
EXHIBIT
NARRATIVE
REFERENCE PAGE
Iv-1
IV-2
IV-3
Iv-4
Iv-4
IV-7
Iv-9
Iv-14
IV-14
IvV-14
Iv-21
Iv-23
Iv-23
IvV-25
IV-26
IV-26
IV-26
1.01
1.02
1.03
CHAPTER 1
Purpose of Manual
The purpose of this manual is to provide a comprehensive guide to parole
officers and parole office secretaries in the performance of their duties.
Emphasis has been placed on basic "line level" functions. Administrative
and Management Level functions which are relevant only to agency admini-
strators have not been stressed in this document. Field personnel are
urged to refer to the manual when questions as to policy or procedure a-
rise.
Changes to the Manual
Field personnel are urged to make suggestions for additions or changes to
the manual. When such changes occur they will be issued in the form of
"Bulletins" labeled either "Administrative,' "Investigative" or '"Super-
vision." Such bulletins should be considered as an extension of the
manual and kept on file in each office. Minor "pen and ink" changes
to the manual may be issued as appropriate.
Agency Organization
A copy of the agency organization chart is on the following page.
State Board of Pardons and Paroles
December 1, 1978
BOARD MEMBERS
James T. Morris, Chairman
J. 0. Partain, Jr.
Mrs. Mamie B. Reess
Floyd E. Busbee
Mobley Howell
EAECUTIVE OFFICER |
Donnie A. Lee
HEARING EYAMIKERS PERSONNEL MANAGER
Silas Voore
R.
£. dH. Linthicun,
Michael M. Fleming
Leonard Saxon
Tirothy E. Jones
Jr. Margaret A, Pavuk OFFICEP.
Allen Richards
DIRECTOR OF FIELD OPERATIONS DIRECIOR OF ADMINISTRATION
Michael H. Wing Paula S. Powell >
FIELD OPERATIONS SUPERVISOR OF WARRANTS
1D DISPOSITIONS
Charles L. Fincher
SUPERVISOR SUPERVISOR SUPERVISOR SUPERVISOR
CASE PROCESSING UNIT PAROLE COMPACT UNIT DISPOSITION UNIT RECORDS UNIT
Mamie G. Atkinson Bettye I's Young M. Grace Thompson || Madeiyn !c.lullough
| NORTHEAST AREA SUP i]
hil s th
!
ATLANTA AREA SUPERVISOR
Thomas M. Culligan
SOUTIWEST AREA SUPERVISOR
Bobby Walker
SCUTHEAST AREA SUPERVISOR
Freddie Hersey
l. Rere--fFreman Hill, Chief
avid Duke
Stepnen Melton
Thomas Pirnkard
Larayectte-~-Lee Robinson
2. Marieotta--!vlvin Xing, Chief
Pot, Robinson
Woyne Yhite
ttizhael Crouch
6, Yewnan--Padfcrd liarris, Chief
Ann Thompson
Jerrell Jones
7. Thomaston—Jack Weeks, Chief
Joresboro-~Gerald Echols
Ander watson
Jenkinsiurg—torl Smith
Claudia Mouchet
trian “Woodward
PAROLE TFFICERS
(By Districts)
3. Gainesville--pPhil Smith, Chief
Joseph Cook
Roger Nott
4. Athens--Frank Birger, Chief
Cherles Kilpatrick
Jimmie Andrews
8. Milledgeville--Charles Cary, Chief
Roy Pounds
William Clark
9, Gibson--William Wilcher, Chief
A. gusta-~L. G. Warr
Jack Glazner
Wm. Andrew Hundley
Ga. Industrial Inst,--Denny Chapman
PAROLE OFFICERS
(By District)
5. Atlanta--Thomas M. Culligan, Chief
Marsha Bailey
Judy Franklin
Thelmon Larkin
Larry L. Cooper
Jerry W. Ferrell
Lynn Wheeler
John Hower
Deborah J. Duggan
Cheryl Mallory
Cindy Williams
Robert Jones
Nancy Hayward
Louis Valente
David Humphries
Annegriet Amos
Mike Henson
Randy Farr
James Bralley
Darell Park
Celena Messiter
Lawrenceville--Patricia Deavours
PAROLE OFFICERS
(By Districts)
Frank Sagnibene
Robert Akin
pan Welton
13, Oglethorpe--R. D. Savage, Chief
Columbus~-~Johnny Short
John Whaley
Walter Haddligan
Teressa Hamrick
14, Albany--Bill Layton, Chief
Steve Julian
Michael Sullivan
David Phelps
Ronald Blackstock
15. Fitzgerald--Bobby Walker, Chief
Aubrey Wilson
Moultrie--Blake Griffin
Larry Thompson
James Vanlandingham
12. Macon--Jack Lasseter, Acting Chief
PAROLE OFFICERS
(By Districts)
10. Dublin--Hugh Couey, Chief
Sam Hilbun
Herschel Hobkts
11. Savannah--R. D. Kent, Chief
Garnell Pace
Mike Bowers
Jimmy Parker
16. Blackshear--Freadie Hersey, C
James Eaton
Brunswick--Dick Krauss
Jesup-~-Dean Strickland
Georgia State Prison--Billy Murph.
A. M. Gates
2.01
2.02
2.03
2.04
CHAPTER II
Field Cffice Procedures
Office Hours
Each district and institutional parole office will remain open from 8:15 a.m.
to 4:45 p.m., with a thirty-minute lunch period, Monday through Friday unless
the Director of Field Operations specifically authorizes deviation from this
schedule. In offices having two secretaries, lunch periods should be scheduled
in a manner which would provide telephone coverage during the lunch period.
Area Supervisor
The Area Supervisor - in his administrative capacity - is responsible for all
parole services within his designated area. These services, are under the au-
spices of the Field Operations Division of the State Board of Pardons and Paroles.
Chief Parole Officer
3 “=v
The Chief Parole Officer is responsible for the administration and supervision
of all parole field services within his assigned district. He supervises the
work of parole officers and secretaries, assigns workloads and he is responsi-
ble for general office procedures outlined in this manual. The Chief Parole
Officer, in addition, performs investigatory and/or supervisory duties and makes
sure the workloads are evenly distributed between himself and the other officers
in his district.
The Chief Officer is also responsible for insuring that all Board policies and
procedures are implemented and practiced by personnel under his supervision. He
will act as district office manager and assure that all office procedures conform
to instructions issued by the Field Operations Division of the Board. Another
equally important duty of the Chief Parole Officer is the training and supervis-
ing of all new personnel assigned to the district.
The Chief is responsible for public relations activities within his district and
he is the chief liaison for the Board with probation officers, Superior and State
Court Judges, district attorneys and other law enforcement personnel within his
district. Furthermore, it will be his responsibility to plan work schedules with
all personnel in his district in such a manner that travel and communication ex-
penses will be kept at an absolute minimum. He will review and determine the
validity of expense vouchers submitted by personnel under his supervision, and
he will indicate his approval - should he find the expense a valid one - by sign-
ing the voucher and forwarding it to the « -ea supervisor.
‘This officer is also responsible for insuring that the parole officers’ monthly
production report and district production reports are submitted to the area
supervisor each month.
Parole Officer II
The primary duty of the Parole Officer II is to supervise the more difficult
offenders within the district and to conduct post-sentence and pre-parole in-
vestigations. In some district offices, the Parole Officer II assumes the ad-
minstrative responsibilities in the absence of the Chief Parole Officer.
Ab
Parole Officer II - Continued
In a sub-office, the Parole Officer II handles many of the administrative
duties of a Chief, and he is responsible for the efficient coordination of
all parole services within the jurisdiction of the sub-office. The Parole
Officer II may also be required to perform all or part of the duties listed
below for Parole Officer I.
2.05 Parole Officer I
The duties of the Parole Officer I are to conduct pre-parole investigations
and/or provide supervision to an assigned caseload of offenders. These duties
require all officers to spend a considerable amount of time traveling in the
field, and , the responsibilities are such that the officers do not work on an
hourly, daily or weekly basis. The duties are full-time and an officer's work
schedule is determined by the priorities and requirements which are necessary
for him to perform those duties properly.
C Duties of a Parole Officer I consist of the following:
~ A. Provide supervision to an assigned caseload of parolees
and youthful offenders.
B. Maintain regular contact with the offenders through sched-
uled interviews at the parole office and unscheduled Visits
to the offender's home and place of business.
C. Report any violations of the conditions of release to the
Parole Board and make recommendations as to appropriate
action needed as a result of the violations.
D. Submit progress and conduct reports, transfer requests, and
other reports relating to the supervision of an offender
caseload.
E. Interview inmates and conduct pre-parole investigations on
inmates eligible for parole of youthful offender conditional
release. The investigative process includes interviewing
the inmate's family members, the inmate's previous employers,
court officials, and law enforcement officials.
2.06 Institutional Parole Officer
The primary duty of the Institutional Parole Officer is to interview inmates
of the institution and prepare personal history statements on them. The In-
stitutional Parole Officer must also act as a liaison representative of the
Board in providing general information to the inmate population with reference
to parole policies, regulations, and procedures. He must deal on an individual
basis with the various problems of inmates in such a way as to minimize, as
much as possible, inmates' direct correspondence with the Board. He shall be
responsible for public relations artivities, and he must act as a representative
of the Board in handling psychiatric examinations, vocational rehabilitation and
. any other related services available at the institution. Aaduiiionaliy, the
.-Institutional Parole Officer shall be responsible for the proper maintenance
and operation of his office at the institution, insuring that all office pro-
cedures conform with those instructions issued by the Board and the Administrative
Staff. His office shall be kept open at least eight hours per day, five days per
week.
no
«07 Dress Code and Other Requirements
Due to the nature of their job, Parole Officers are in constant contact with the
local courts, law enforcement, and other state and local governmental agencies.
CHAPTER III
Investigation
3.01 Background Information
1. The investigation referred to in this Chapter is the information-
gathering process prior to parole consideration. The major part
of this report basically answers the questions, "Who is the person?"
The analytic evaluation phase deals with more complex questions such
as, "What kind of person is he?"; "What factors contributed to his
current difficulties?"; and perhaps most importantly, "Within the
framework of the law, what is the best possible disposition which can
be made of the case to insure that the dual goals of protection of
society and rehabilitation of the offender are fulfilled?"
2. Under the 1943 Act, Code Section 77-512, the Board is charged with
# the responsibility of obtaining information respecting persons subject
( to relief by the Board. "It shall be the duty of the Board to obtain
= and place in its permanent records as complete information as may be
practically available on every person who may become subject to any relief
which may be within the power of the Board to grant. Such information
shall be obtained as soon as possible after imposition of fhe sentence
and shall include:
A. A complete statement of the crime for which such person is sentenced,
the circumstances of such crime, and the nature of such person's sentence.
B. The Court in which such person was sentenced.
g: C. The term of his sentence.
D. The name of the presiding judge, the prosecuting officers, the
investigating officers and the attorney for the persons convicted.
Names of all co-defendants, and sentences imposed upon them.
E. Copy of pre-sentence investigation and any previous court record.
F. Fingerprint record.
G. A copy of all probation reports available.
GC H. Any social, physical, mental or criminal record of such person."
Es 3. "The Board shall immediately examine such records and any other records.
obtained and make such other investigations as they may deem necessary."
Thus we find the authority set out by law for making a pre-parole investigatior
The criminal justice process begins when a person is arrested and charged
with committing a crime. After the.commission of a crime, the police
must make an initial investigation. After the investigation, the process
of arrest follows; this includes booking initial appearance, preliminary
hearing, indictments, arraignment, trial and sentencing.
4. After the sentencing phase, the Clerk of Superior Court notifies the
State Department of Offender Rehabilitation of the subject's conviction
by sending to them a certifi~1 copy of the sentence, a copy of the
indictments, and an Affadavit of Custodian which is prepared by the County
Jail. The State Department of Offender Rehabilitation in curn notifies
the State Board of Pardons and Paroles that the subject is now in their
custody and informs the Board of the offense for which he was convicted,
the date of his conviction and the length of his sentence.
3.02 Post Sentence Investigation
The post-sentence investigation is generally regarded by the Board as
the most important part of the pre-parole investigation. In this report,
the Parole Officer is to advise the Board of the technical data concerning
the conviction, the offender's prior record in the district, and the circumstances
of the crime for which the offender was convicted. The importance of this
report cannot be over-emphasized; and, where the offender has been convicted
of crimes against the person, it is imperative that the Officer extract the
exact circumstances surrounding the offense. Any aggravating or mitigating
circumstances must be included in the report. The point to keep in mind is
that the Board must have a clear picture of the crime as it is incumbent
on the Board to make the final disposition on almost all cases sentenced by
the Court. Although the Board considers many factors prior to rendering their
decision on a case, information contained in the post-sentence investigation
can be their sole reason for denying clemency. The procedure for conducting
the post-sentence investigation is as follows:
1. The initial post-sentence request is forwarded by the Records Unit to the
Parole Officer in the district where the subject was convicted. This
request is known as a Post-Sentence Investigation Request and Work Sheet,
Form #102b (Exhibit I-11). This form includes the name under which the
subject was convicted, his assigned inmate number, which is given to him
by the Department of Offender Rehabilitation, his consideration date, his
aliases if any, his age, race and sex.
2. The post-sentence request also includes the offense for which the inmate
is convicted, the date of conviction, the indictment number, the Court in
which he was convicted, and the sentence that he received. This informs
the investigator of the County in his district in which he must proceed
to investigate the case. The investigator will proceed to this County and
go to the Clerk of Court's Office to review the criminal docket, and obtain
the indictment number (if not furnished in the request). Whether or not the
offender was tried, entered a plea of guilty, not guilty, or nolo contendere,
the offense for which he was convicted and the sentence he received should
be shown. The investigator should also list the names of the judge, district
attorney, defense attorney and co-defendants, if any, and the sentences the
co-defendants received.
3. While at the Clerk of Court's Office, the investigator should check the
criminal docket for previous convictions, and should any be found, he should
list the offense(s), the date of conviction, the court and the sentence. He
should trace this record back as far as the subject's fifteenth birthday.
4, After reviewing the original sentence signed by the judge and found in the
Clerk of Court's Office, the investigator should look for any discrepancy
between what is stated on post-sentence investigation request and what is
actually contained in the sentencing record. If there is a discrepancy, he
must immediately notify the Parole Board post-sentence clerk, furnishing ;
her/him a copy of the-original sentence and pointing out the discrepancy. The
investigator might even find that the subject has cu..cut senuccuces whic were
not reported to her/him in the request received from the headquarter's office.
These should be included in the report.
10.
3 -
Should the Officer determine that the subject was arrested and
indicted for other crimes during the same term of Court and the cases
were dropped or nol prossed on a motion from the D.A., the Docket number,
a statement as to why the case was nol prossed, and the circumstances of
the offense should be included in post-sentences. Strong cases against
an offender are frequently nol prossed by D.A.s when the offender agrees
to enter pleas to the most serious charges through "plea-bargaining".
Refer to sample copy of post-sentence contained in exhibits.
Jail time - A copy of the Affadavit of Custodian, which is prepared by
the County Jailer, will be attached to the warrant indictment and
sentence order. . This form contains the number of days the inmate was
in custody prior to date sentence was imposed. The Parole Officer should
compare this information with the date the request for post-sentence reveals
the sentence was computed from. If the inmate was on bond, on escape, or
in a mental institution during part of this time, state these dates. If
arrested and held in jail in another state in connection with the present
offense, advise of the date in custody either in the other state or in
Georgia. (If the inmate was arrested in another state on another charge,
he will not receive credit on his Georgia case until the date the other state
released him to our detainer.)
To obtain information concerning other previous offenses and=outstanding
detainers, the investigator should check the local police department and
sheriff's office.
Detainers - An outstanding detainer should be considered a warrant that
is presently being held by the sheriff charging the subject with another
offense, or an indictment that is pending in the Clerk of Court's Office.
Juvenile Record - The investigator should contact the local juvenile authorities
or court service workers in his district and ascertain if the subject has a
juvenile record and if so, it should be included.
Circumstances of the Offense - This should be obtained in narrative form;
it should be taken from the indictment, the District Attorney's Office,
the arresting officers, witnesses, and victim. A word picture, telling what
happened, when, where,why, how and to whom, should be prepared. Other
information to provide includes the date of arrest and dates in jail from
time of arrest to date of conviction on present offense. If the subject is
on bond, on escape or in a mental institution during part of this time, this
should also be shown by giving appropriate dates. If offender was arrested
and held in jail in another state in connection with this offense, the date
in custody, either in the other state or in Georgia, should be given. If he
was arrested on other charges, the date he was released on present ~harge must
be shown.
In the last parzgraph, advise where and/or from whom information was
received regarding circumstances. Example: The above information was obtained
from Detective John Smith, Homicide Division, Columbus Police Department,
and from subject's file at the ‘olumbus Police Departmoant.
3.03
- Lis
If the post-sentence is performed separately from the social investigation,
any comments from judges, district attorneys or law enforcement officials
should be placed in the post-sentence report. These comments should be
placed in a separate section at the end : f the post-sentence and should be
labeled "Comments of Local Officials." [his area is of particular interest
to the Board, and Parole Officers should be careful to contact any officials
who might wish to comment. This is especially important when the offender
has committed serious crimes such as robbery, rape or murder.
The Parole Officer should be as thorough as possible when conducting post-
sentences on persons who have received life sentences, or sentences in
excess of fifteen years. In cases where the arrest reports are incomplete
the circumstances of the offense should be obtained as thoroughly as possible
and the Parole Officer should review the transcript of the trial if available
for detailed information. A personal interview with the arresting or investigatir
officer is almost always a valuable source of information as the officer
may recall important details and facts which were not revealed in the arrest
report. Photographs of victims of assault and murder should be obtained when
possible and attached to post-sentence. When photographs are obtained, they
should be placed in a separate envelope and marked "Photographs of Victim."
The Parole Officer should also make reference to the presence of the photo-
graphs in the body of the post-sentence réport. or.
Upon completing the post-sentence investigation, the information should be
dictated to a secretary as outlined on Form Number PFO-4 (Exhibit 1-2 Ye.
She is to type an original and two copies; the original and one copy should
be forwarded to the headquarter's office and one copy should be placed in
investigator's file. This copy, with the worksheet attached, should be filed
using the procedures outlined in the filing section of this manual. (See Exhibits
I-3 and I-4 for sample format and mock post-sentence investization.)
Pre-Parole Investigation
1. The pre-parole investigation request will arrive in three different
forms: |
a. Personal History Statement and Warden's Evaluation (Parole Review Summary)
b. Pre-Parole
c. The Parole Program
2. The Personal History Statement: The investigator will receive a request
on DCOR50-040 (7/76) (Exhibit I-5) approximately four months prior to the
inmate's parole eligibility month. This form tells the month in which the
subject is eligible, his serial number, his name as he was convicted, his race
and sex, where he is serving and the reports needed.
When a PHS is required, arrangements should be made to interview the inmate.
The purpose of the interview should be explained and the importance of the
correctness of addresses should be stressed. If the inmate at anytime during
the interview states that he does no. wish to be considered for parole, his
reason should be determined. An investigator should never ju * accept - walver
" because it will save him time and work. If the subject's reason is that there
is a detainer against him, he should be informed that there are procedures
available through the Department of Offender Rehabilitation whereby he may
demand trial on the detainer if it is in Georgia. Also, he should be informed
that the detainer does not prevent him from being considered for Conditional
Transfer (parole to the detainer). If he says he just wishes to make his
time in prison, it should be determined that he is not under the false impression
that Earned Time does not apply while on parole. Parolees receive the same
Earned Time they wauld if still in prison and will be discharged at the same time
EXHIBIT I-1
T0: Mr. District
(Date)
POST-SEMTENCE INVESTIGATION REQUEST
AND
WORK SHEET
C-.nsideration
Name No. Date
Alias er Age Race Sex
Date of
Offense Conviction Court Sentence
(1)
= (2)
: .
PRESENT OFFENSE(S): fd Pe
Indictment No. Plea or Trial Judge District Attorney Defense Attorney
(1
(2)
(3)
PREVIOUS OFFENSES AND DETAINERS:
Date of
Offense i Conviction Court Sentence
Juvenile Record:
Detainers:
Use the following space to continue any of the above items and to record any co-defendents on pre-
sent offenses and their sentences. Record any current state and county sentences found in court records
but not reported to you by headquarters office or any discrepancies between court records and information
furnished by headquarters office. .
Pi-929 (OVER) Form No. 102b
(9/20/70)
Record name and address of persons you intend to interview:
CIRCUMSTANCES: Make notes while reviewing records and interviewing persons. Always answer the
questions who, what, where, when, what led to arrest, date of arrest, any time on bond, escape, mental
institution, etc., between arrest and sentencing, and source of information. Answer the following when known
and applicable to the type offense committed: extent of monetary loss or injury, motive, how crime was
perpetrated, were valuables recovered or restitution made, was violence involved, did subject and victim
know each other, was subject the leader or a follower, was subject drinking or on drugs or narcofics.
Include any other information you think will be valuable to the Board.
Pal
STATE BOARD OF PARDONS AND PAROLES EXHIBIT 1-2
Atlanta, Georgia
REPORT OF INVESTIGATION
( ) Post-Sentence
( ) Pre-Parole Social
{ ) Other Consideration Date
NAME: NUMBER : : COUNTY :
AGE :
ALIAS! DOB : CONVICTION
RACE : DATE :
INDICTMENT NO: SENTENCE:
OFFENSE:
CONFIDENTIAL STATE SECRET WHEN COMPLETED
PFO 4-A (For official use only)
Exhibit I-3
STATE BOARD OF PARDONS AND PAROLES
Atlanta, Georgia
REPORT OF INVESTIGATION
( x) Post-Sentence
( ) Pre-Parole Social
Consideration Date April, 1980
( ) Other
NAME: Robert Carpenter NUMBER: EF-999,999 COUNTY. Wayne
ALIAS: " " AGE: CONVICTION Bob 26
DOB: DATE: 9-30-79
- 3 RACE: w/m
INDICTMENT NO: 79-48 SENTENCE: 5 years, serve 2, bal.
prob.
OFFENSE: puto Theft
( LEGAL HISTORY: FBI #: 462-322-B SID #: 114-80-62-A
A. PREVIOUS OFFENSES:
1. Make special effort to obtain age at first conviction. Make specialeffort
to list all juvenile offenses that would be an offense if committed by an
adult and give date and disposition. Check and list all offenses found in
City Recorder's Courts, State Courts or Superior Courts. Also list any
out of state convictions reported by police or sheriff records. Attach
FBI record if available. \
2. Give thorough report of Probation Revocations and attach copies of
revocation documents if available.
3. Mention any drug related convictions which included the use of heroin,
codein, or morphine.
4. list any outstanding detainers, hold orders, or pending indictments.
B. PRESENT OFFENSE:
( 1. Mention if original indictment was for an offense other than offense
pe convicted for.
2. Name of court, date, indictment number.
3. Plea or Trial; sentence received
4. Judge, District Attorney, Defense Attorney.
5. List any discrepancies between information given on Post-Sentence request
and actual court records.
6. Reporting of Revoked Probation (as described in Investigative Bulletin No. 2).
7. Co-defendants and sentence received; g. "e {disposition even if juvenile or
dismissed; Judge, District Attorney, Defense Attorney.
C. CIRCUMSTANCES:
1. Narrative form = listing injured party, extent of injury, dollar value of
damage to person or property or value of stolen property... Was restitution
made. List other offenses subject involved in but not convicted of. Give
word picture of crime: how, what, when, where, and whom. Get details from
investigating officers, witnesses, and even the victim in most cases. What
led to arrest?
2. Last paragraph should state from where and whom the given information was
obtained.
CONFIDENTIAL STATE SECRET WHEN COMPLETED
(For official use only) PFO 4-A
D.. COMMENTS OF LOCAL OFFICIALS:
1. Parole officer should contact any official who may wist to comment,
esvecizlly on crimes such as Armed Robbery, Rape and Murder.
2. Photographs of victims of assault and murder should be obtained when
possible and attached to the Post-Sentence Investigation.
3. Review investigation making sure Items 1-6 of Investigative Check List
are answered.
EXHIBIT I-4
STATE BOARD OF PARDONS AND PAROLES
Atlanta, Georgia
REPORT OF INVESTIGATION
(SAMPLE FORMAT)
(xx) Post-Sentence
( ) Pre-Parole Social
Consideration Date __APTil, 1980
( ) Other
NAME: James C. O'Berry NUMBER: gr-654,321 | COUNTY: Wayne
ALIAS: james Carl O'Berry AGE: 26 CONVICTION
: DOB: DATE: 9/30/78
- 3 RACE: w/m
INDICTMENT NO: ¢g7-78 SENTENCE: 4years, serve l year,
bal. prob;
OFFENSE: pyrglary (rem. rev. 7/14/79)
( LEGAL HISTORY: FBI #: 567-333-A SID #: 112-90-26-B
Wayne County Juvenile Court;
3/22/67 (age 14) - Breaking & Entering - 12 months:probation
4/30/68 - Theft by Taking — 12 months probation continued
10/13/68 - Unruly - Continued on probation
8/10/69 - Extortion & Fiphting - Continued on probation
10/14/69 - Theft by Taking - YDC, Waycross - 6 months
Jesup City Recorder's Court:
2/25/71 - Poss. of Marijuana (less than 1 oz.) - $1,000.00 or 6 months (served time)
7/6/72 - Disorderly Conduct ~ $150.00 C.B.F.
(: 5/11/73 - Disorderly Conduct & Resisting Arrest - $150.00 C.B.F.
Long State Court:
1/19/74 - Driving without License - $30.00 C.B.F.
5/23/74 - DUI & Speeding - 12 months {2 cts. cc)
Wayne Superior Court:
6/14/74 - Burglary 3 years
2/11/76 —- VGCSA (Poss. of Heroin) - 3 years
Detainer in Fulton County, Georgia for the offense of Burglary committed on May 10,1979.
PRESENT OFFENSE:
Wayne Superior Court #67-78: On 10/4/78 subject entered a plea to Burglary and was
sentenced to 4 years, serve 1, balance probated. Presiding Judge-R.L. Scoggin;
District Attorney - Glenn Thomas, Jr.; Defense Attorney - J.A. Leaphart.
On 7/14/79, the balance of the above probation was revoked by Judge Scoggin due to
subject's arrest for Burglary in Atlanta, Ga., on May 10, 1979. A detainer has
been filed against the subject in Fulton Co. for this offense. (Copy of revocation
order attached).
Co-Defendants:
Donald Brown - 9/30/78 - Burglary - &4yrs., serve 1 yr., balance probated. Judge
Scoggin; D.A. Thomas; Defense Attorney Leaphart.
CONFIDENTIAL STATE SECRET WHEN COMPLETED
(For official use only) PFO 4-A
CIRCUMSTANCES:
The Jesup City Police Department received a phone call from an informant at
approximately 12:50 A.M. on July 4, 1978 stating that they had seen someone inside
the Town & Country Pharmacy which is located at 129 W. Cherry Street, Jesup, Georgia.
At approximately 1:00 A.M. of July 4, 1978 the subject and co-defendant were
arrested inside of the Town & Country Pharmacy. In the subject's and co-defendant's
possession was a paper bag filled with codein, morphine, amphetamines and
barbiturates.
The investigating officer in this case, Detective Jim Smith of the Jesup City Police
Department, stated that the subject and co-defendant were high on drugs at the time
of the offense. Detective Smith stated that both the subject and co-defendant
admitted ro him that they were heroin addicts and were stealing the drugs to support
their habit. All stolen merchandise was recovered.
The above information was obtained by way of personal interview with the investigating
officer in this case, Detective Jim Smith of the Jesup City Police Department, and
from incident and arrest reports of file with the Jesup City Police Department.
Subject was arrested on 5/10/79, by the Atlanta City Police Dept. during the process
4 of burglarizing Rich's Dept. Store located at 1014 Central Ave., Atlanta, Ga. The ;
subject had broken a front plate glass thereby setting off a burglar alarm. As : {
previously mentioned, subject's probation was subsequently revoked due to this
arrest and charges are pending in Fulton Co.
COMMENTS OF LOCAL OFFICIALS:
Sheriff Riley Reddish of Wayne County was contacted and he stated that due to the
subject's extensi.2 prior record and drug addition, he could not recommend parole
but instead should be a prime prospect for a drug rehabilitation program.
Respectfully submitted:
F. Dean Strickland
Chief Parole Officer
District 1%
November 29, 1979
FDS:rl
IN THE UNITED STATES DISTRICT COURT
TOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION Ha
em am en on mn mt en So 2 x
WARREN McCLESKEY, :
Petitioner
VS. ; : Civil Adeion No, c81-2434A
WALTER D. ZANT, :
Respondent '
i .. i
The deposition of LEWIS R. SLATON, Deponent,
taken at the instance of the petitioner, reading and
signing of the deposition bein waived, before Edward
=
1. Lieberman, Certified Court Reporter, at the Fulton
Superior Courthouse, Atlanta, Fulton County, Georgia,
commencing at approximately 2:00 p.m., August 4, 1983.
-000~
CORBIN & LIEBERMAN
CERTIFIED COURT REPORTERS
SUITE 828, 1293 PEACHTREE STREET, N.E.
ATLANTA, GEORGIA 30309
(404) 892-3699
ho
( ] APPEARANCES OF COUNEEL:
2 For the Petitioner:
8 ROBERT H. STROUP, Esquire
2 Suite 1515, The Healey Building
57 Forsyth Street, N.W.
: Atlanta, Georgia 30303
5 For the Respondent:
7 MARY BETH WESTMORELAND, Attorney at Law
State Law i
132 State Judicial Building
6 Atlanta, Georgia 30334
9
10 : ocoOR ENTS
1 | WITNESS DIRECT CROSS REDIRECT RECROSS
12 | LEWIS R. SLATON
, 13 By Mr. Stroup 4 79
x 14 Bvy Ms. Westmoreland 70
16 Slr a Tl 0 Ne
: 17 | NUMBER DESCRIPTION DENTIFIED
: 18 | por the Petitioner:
: 19 | p-1 List of Judges and Trial District Attorneys 41
3 20 | p-2 *ulton Judges, 231 Georgia Reports, 1973 54
: 2 fps Fulton Judges, 235 Georgia Reports, 1975 55
S 22 | p-4 Fulton Judges, 240 Georgia Reports, 1977 56
: 23 P-5 Fulton Judges, 245 Georgia Reports, 198 £7
24
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PROCEEDINGS
MR. STROUP: This is the deposition of Mr. Lewis
Slaton, taken by the petitioner upon consent of the parties
and the witness, for all purposes permitted under the Federal
Rules. I would propose, Mary Beth, that we reserve all objec-
tions, except as to the form of the question and responsive-
ness of the answer, until the hearing in this case. Are
you agreeable?
MS. WESTMORELAND: To a certain extent. My only
reservation would be pursuant to the hearing we had yester-
day before Judge Castellani, and any reservations that may
come up pursuant to the discussions we had at that hearing,
we might make them at this time.
MR. STROUP: All right. Recognizing that under
the understanding-- with the understandings that we're
operating under, we'll reserve all objections, except as
to the form of the question, and responsiveness of the answer,
recognizing also that if there is a problem that we can't
resolve here today, we both have the right to seek resolu-
tion of that matter before Judge Castellani. All right.
I would like to ask Mr. Slaton if he would like the oppor-
tunity to read the transcript of the deposition and sign
it, or whether you're willing to waive signature.
MR. SLATON: I'll waive signature.
MR. STROUP: All right. And let me ask that you
place the witness under oath, please.
2 Whereupon,
3 LEWIS R. SLATON
4 was called as a witness and, having been first duly
5 sworn, was examined and deposed as follows:
6
CROSS-EXAMINATION
7 | BY MR. STROUP:
) e And let me ask you, just for the record, to state
® | your full name, please.
10 A. Lewis R. Slaton.
1 T. Mr. Slaton, as a preliminary, let me simply express
12
< | my thanks and appreciation to you for cooperating with us
13 | on this deposition, and let me advise you of my effort to
th
have this deposition inconvenience you for as short a period
15 | of time as possible. Would you just briefly describe your
16 | educational background?
37 A. College degree, bachelor of science, from Georgia
18 | State, and a law degree from Emory University.
3 19 Q. All right. The law degree from Emory was received
2 20 | when?
: 21 A. I believe it's 1947.
. And the bachelor's degree from Georgia State?
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23 A. About 1951 or '52.
J Okay. Were you born and reared here in Georgia?
A. Yes.
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Oe Then briefly would you describe your employment
background, particularly as it relates to the district attor-
nev's office in Fulton County.
A. I've been district attorney for 18 years, since
April 21st, 1965. For four years before that, I was assistant
city attorney of Atlanta.
Q. In Atlanta? I'm sorry.
A. In Atlanta. And I guess for about fourteen years
before that, I practiced law.
Q. All right. And when you were practicing law prior
to being an assistant city attorney, that fourteen year
period, was that here in the City of Atlanta?
A. That was in Atlanta and Decatur.
Q. Ckay. All right. So the time period for you serving
as assistant city attorney would be roughly 1961 to 1965.
A. Right.
. Okay. Q
A. And that was a part-time job.
Q . All right. You also had a private practice as
well.
A. Private practice.
Q. During that four years. Okay. Then I take it that
your entire experience in the Fulton County District Attorney
office has been as the district attorney.
A. That's true.
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Q. All right. You were initially appointed to the
position in April of 1965.
A, Appointed by Governor Sanders.
Q. Okay. And then you stood for election. How long
are your terms as district attorney?
A. My first election was 1966 for the unexpired term,
and the terms are four years, and I've run five times alto-
gether.
Q. All right. Your most recent reelection was when?
A. 1580.
Q. Okay. Are you the-- do you belong to any profes-
sicnal organizations related to the function of a district
attorney?
A. There's an organization called National District
Attorneys Association. I belong to that. And then there
is a Georgia Association. I belong to that.
Q. All right. Those two, the National and the Georgia
Association, are those professional organizations the type
that have meetings on a regular basis or irregular? What
is the general pattern with respect to those groups?
A. The Georgia Association meets a couple of times
a vear, and the National DA's meet a couple of times a vear. Y v Y
+l)
Qe Okay. The Georgia Association, is it professional
group for district attorneys?
A. Made up of district attorneys and the assistant
~~
district attorneys.
2 Qo. Okay.
B A. And I'm not sure; there may be others in it.
4 QD. All right. Are you a relative-- would you describe
5 your participation with these groups as an active partici-
6 | pation or rather inactive?
7 A. Somewhere between the two.
8 Q. Okay. You do go to meetings from time to time.
9 A. From time to time.
10 Ce. All right. But I take it from what you're saying,
11 | you don't go every time.
12 A. No.
( 13 4 All right. Would you just briefly describe the
> 14 | dquties and responsibilities of your office?
15 A. My office handles about 7,000 felonies a year.
16 | We operate in disposing of these. We operate with the ARESA
17 | operation. We have an appellate section. We have an indictment
: 18 | section, if there is indictments. We have an investigative
z 19 | section. We do the things delegated by law, plus we are
g 20 | rather active in some involved investigations that the police
21 | aren't equipped to handle with certain expertise.
§ 22 4 Okay. Is it fair to say just generally that the
23 | duties and responsibilities of your office are the prosecution
24 | of felony charges within the Atlanta Judicial Circuit?
25 A. That's truas.
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Q. All right. And the Atlanta Judicial Circuit geo-
graphically comprises Fulton County.
A. Yes.
Q. And nothing more than Fulton County.
5, Just Fulton County.
Q. There are within the State of Georgia certain
judicial districts comprised of more than one county; is
that not correct?
A. Yes.
Q. Bub
A. I think the metropolitan area is all one county
jurisdictions. Douglas, Cobb, Gwinnett, DeKalb, Clayton
I believe all have just one.
Q. All right. Each of those counties-- what you're
saying-- comprise a single judicial district.
A. A single judicial district or circuit.
Des Right. Okay. All right. Let me direct your atten-
tion, if I might, to your duties and responsibilities--
your meaning your offices duties and responsibilities as
it relates to the prosecution of homicide cases, and even
more particularly direct your attention to those duties
and responsibilities in what could be called the pre-indict-
ment stage. Preliminarily, could you describe generally
how it is that your office learns of a homicide?
A. Okay. Generally, the police make an arrest. There's
9
( 1 * id Ed - .
a commitment hearing a municipal court. The case is bound
2
over to the grand jury, and at that time we become involved
3 :
in it. That's as a general rule.
4
Q. Okay. And what responsibilities does your office
5 : : ;
have once the matter is bound over to the grand jury, still
6
focusing upon the pre-indictment stage?
7
A. We have access to the police reports of witnesses,
8 : 4
We are able to call them in and talk to them. We are able
9 : :
to ask them to get other information for us, and we have
10 % E: : va
our own investigative staff that sometimes we utilize for
11 : :
that purpose. We evaluate the case, determine to bring charges.
12 iii ain hE . : :
"le present an indictment to the grand jury, subpoena the
13 ; : Sh ue
( witnesses. The grand jury acts on the indictment. If the
> 14 : ae ah ;
grand jury true bills it, it is then assigned to a court,
15 ‘ # :
assigned to a trial lawyer, and thereafter comes up on the
16 or
trial calendar.
z 17 ; : LI
2 Q. Okay. Is it fair to say that when a homicide case
z 18 Q . . »
: : first comes to your office, that generally speaking your
3 19 i : : : : :
: office has the option of seeking a murder indictment, seeking
3 20 cei ot g ie
= an indictment to a lesser offense than murder or bringing
z no charges at all?
S 22 rl | 1 g A. That would be accurate.
; 23
i Q. Okay.
24 , A : ‘8 :
A. We evaluate the evidence, and if we determine
25 . . A : : n .
that an indictment 1s in line for a particular charge, we
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draw that charge up. We present it to the grand jury. The
grand jury makes a determination on whether to indict for
that charge or whether to ask us to draw another charge.
Q. Okay. Now, you indicated that one of the first
things that was done was make an evaluation of the evidence;
isn't that correct?
A, That's true.
Q. And I think you indicated earlier that one of
the things you, I assume, had access to to evaluate the
evidence would be the police reports and statements of wit-
nesses that the police themselves would have generated;
is that correct?
A. That's true.
Q. All rviaht.
A. uite often, we need additional information, and ¥ O
we call the the police to ask them to get the additional
information. Then we would issue subpoenas and put the wit-
nesses up before the grand jury. We have the option at that
time to withdraw a case or to hold the case before the grand
ct
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jury shill additional witnesses are subpoenaed before
grand jury makes the determination.
OS. All right. Now, still just focusing your attention
on this pre-indictment phase of a homicide case, does your
office have any written guidelines that are applicable to
help people make the judgment as to whether to seek a murder
indictment, seek an indictment to a a charge less than murder
2 :
or to not process or pursue the case at all?
3 ¥ To : \ :
A. No. Each one is based on the evidence.
4 y mY So Q. Yeah, 311 right,
5 bs 8% - A. No written guidelines.
Q. There are no written guidelines. Okay. Have there--
I take it what your testimony-- my question may not have
been clear, and so let me ask another question to make sure.
) ¢ It's fair to say that there are no guidelines today in 19283,
18 { correct? al
A, There are no written guidelines. Everything is
12 | based on the evidence that we have. Quite often we will
13 | change the indictment after the testimony before the grand Pe
L
jury. This is the same operation that we've had through
Ye 3 3 § IN v “ TY EW ; ‘ 27 md 16 oy. Okay. That was my next question. There have been
id b-A W 3 FT 3 rye plnuum ny yp , - i a no written guidelines during your-—- 2
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: 20 | right. Now, you indicated there were no written guidelines.
: 21 Are there unwritten guidelines or policies to help the decisipn
! 22 | makers determine whether on a given homicide what should
: 43 be sought is a murder indictment or these other alternatives
24 | that a decision maker has open to him or her at that stage?
25 A. Wo. On the homicide cases, if the evidence shows
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murder, we just put up a murder indictment, and the grand
jury has an option of no billing it or true billing. The
grand jury has the option in some instances of asking us
about the lesser charge, and so we can draw it as a lesser
charge.
1 All right. Let me make sure I understand. What
your staff does at the pre-indictment stage is if there
is a-- if you believe there's evidence of murder, you seek
a murder indictment.
Qe. Are there situations involving a homicide where
~
{ your staff would not seek a murder indictment?
A. Involving—-
Qe. A homicide.
A. We indict some for voluntary manslaughter, involun-
tary manslaughter.
Q. All right.
A. We do have other methods of handling cases, other
than indictments, but it does not involve the murder cases.
Q. Okay. All right. What criteria does your staff
look to to decide whether to charge murder, whether to charge
involuntarv manslaughtex?
A. We look to the evidence.
Q. All right. In terms of the personnel in your office
who- make the decisions at the pre~indictment stage, the
( 1 s 3 L decision as to whether to bring a murder charge, whether
to bring an involuntary manslaughter charge-- let me strike
A I'll go ahead and answer what you were going to
ask. If there's any question about it, they bring it to
ny attention.
Qe All right,
n
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& 8 Aa If it's a routine murder, they go ahead anc
3 anaral ls . o 3 41 3 74 yr x Im it up. Generally, I try to read the indictments befcre they
gh TITIAN EE ND " ir a WY, ’ : BR Ni 2 22s ro 10 | are presented to see if they-- mainly not to try to check
1 | on what they're doing, as much as just trying to familiariz
12 | myself with what's going on in the office.
[ 13 Q. All right. That is basically your involvement
he 11} in the pre~indictment stage.
15 A. That's right. If there was a question of whether
16 | or not to bring a voluntary manslaughter indictment or a
7 | murder indictment, then they would take that up with
0. Can you recall the kinds of situations that have
19 | come up that would prompt a question to come to you?
: 20 A. I can't recall one offhand as far as murders are
21 | concerned. Sometimes we have cases that it's a question
g 22 | of whether we should process them in felony court or mis-
2
: 23 | demeanor court, but that wouldn't involve murders. So as
24 | far as murders are concerned, I can't recall. Sometimes
25
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ence killing someone, which may possibly fall within an
involuntary manslaughter or a separate crime of habitual
violator or something of that nature, but none of those
are murders.
Q. All right. Is it fair to say then that questions
are rarely referred to you as to whether to bring a murder
indictment, involuntary manslaughter indictment?
A. That's true. They're rarely referred to me as
ae dare iAS . Shr yso - fa
far as murder cases are concerned.
I~ Pn]
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A. Of course; we don't have as many of those as we
have other cases. I believe, according to my cases, we had
about 97 defendants in 1982, that's 97 out of the 7,000
I was telling vou about.
2. All right. 97 cases where a murder indictment
Q. And I didn't hear the year
A. Last year, 1922.
0. 1882.
A. And I would venture to say that I'm probably famil
with all 97 of those.
Q. Ckay. I think you indicated earlier on that there
was in fact an indictment branch or an indictment section=--
A. Section.
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Oo -~within your office. Are the personnel in the
indictment section the personnel who make these decisions
regarding whether to bring a murder, seek murder indictment ov
before the grand jury, or is that not their function?
A. Well, I don't think you could crystallize it quite
that way. We have lawyers in the indictment section, several
lawyers. They are getting reports from the police department.
They are evaluating the evidence to determine what they
have. Now, if there's a case where we do not have sufficient
not able to get sufficient evidence, we will not present
vays brought to my attention. But
ordinarily the cases, they have been through a commitment
ccurt before. There's been testimony before a commitment
court. A judge in another jurisdiction has determined there's
probable cause for a murder, or they would have the right
also to dismiss it. So there's not as much discretion in
bring murder indictments as there would be possibly in bringii
some other types.
Q. Okay. What about to the extent that there is some
discretion that is exercised at the pre~indictment phase,
even just judging the evidence-- do we have enough at this
point, do we not have encugh to take it to the grand jury--
is it the attorneys in the indictment section that do that?
A. Well, if we have a case, as you're talking now,
h is
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know abecut that one. Also, we quite often
put up cases where, in our view, it's a close question of
whether or not an indictment should be returned. We put
those cases up generally to the grand jury and let the grand
jury make the decision on them. At such time we bring every-
thing we have. We'll have a full-fledged hearing on it,
7 - : I, oS » bY & o
and in certain instances they no bill them. The grand juries
are instructed at the beginning of the term just because
9 we present a case to them, we don't expect them to true
10 | bill it, that we make just as much money. They know that.
! CO, pT] i» 5 vy LETTE NEN, . —y : - 1 | We have plenty of cases without any particular case.
12 Q. Are there-- you mentioned close question cases,
13 | and that your practice is generally referring those to the (
nd jury. I suppose there's at least also some number
+r - - dew - op - = pn my ; 3 « ~ cg 15 | of situations where there are close questions that you have
16 | really come down on the side that there isn't enough evidence
A. That may be. I don't recall that right now. We
generally, if a person's dead, another person killed
z 20 | we generally present that case. Now; the grand jury may
2 21 | determine that the person was in the right in doing the
: 2 | killing. That's up to them.
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Qe kay. Do any of the attorneys in the indictment
11 section have the authority themselves to decide that a case
doesn't have suff cient evidence to present to the grand
13 | Yury?
in
: 14 A. Most of the cases that would fall into that cate-
15 | gory are cases that we work on for some time. We try to
16 | get additional evidence, so those cases I'm generally aware
of. I'm generally in agreement that we do not have sufficient
5 18 ida T § 5 2 evidence. I'm in agreement that we need additional evidence
> 19 | sometimes we get that; sometimes we don't get that.
: 20 O © All right ©
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2 21 A. So I don't know whether you would say that it's
S 22 | discretionary with them or discretionary with me. I suppose
a
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24 | have sufficient evidence.
25 a E 2 + = ] Cast 1 - TE 0, Okay. Generally at least, you make the decision
A
C to abandon a case because you're unable to develop sufficient
evidence involving a homicide.
3 A. Yeah, that's right. We're talking about homicide.
And sometimes we do go ahead and place before the grand
jury what we do have and let them no bill it.
8 Be Okay. With respect to the decision to seek a murder
hn 7 | indictment, or rather to sed a lesser charge on a homicide,
8 | or just to abandon the case and not te bring it to the grand
[{o
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You go . ta 3 Bos vn EOP GE PL Dp: Ws Ag s x : wm Ly 10 | homicides that are generated routinely in your office that
11 would reflsct the reasons why i a aiven cas +d indict WOWLdA T2LidCT TIE Yaasons wily 1n a given Case a nmurdaer 1nalceot
12 | ment was sought, or rather than a murder indictment an invol-
4 13 | untary manslaughter indictment was sous
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fs - 2 ry ny ~~ = . 2 EN ws any 3 15 0. All right. What do those writings-- I mean, is
7 < Bn pam Ei dk ara ae Cio ss = . . ME RT NO 2 a 16 | there a form writing, or what do those writings look like?
; A. There's not a form writing. We have-- I try to
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keep up with the cases that come into the office, where
z 19 | they stop here. And so when we make a decision~=- I really :
3 7 - - go « on 3 - 2 py » 3 KR of o - 2 20 | can't tell you about a murder case right off. I can't think
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nr 1 d= 4 = le yy 3 on de - ~~ : 1 oT ry ’ ’ - 4= 24 notation that at a certain date, a decision was made that
2 | the “ . TN 3 1- py Je ‘ x or - 12 case would not be presented because of a bad search
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Q. Okay. But other than a situation involving something
3 nA | RU 3
like a bad search warrant--
4 : N : rs A. Well, sometimes we can't locate a witness, and
the witness is key to the case. We're not talking about
homicides now, either, because I can't think of a homicide
that wasn't presented. But those cases, we would make a
notation. At the end of the year, I compile those and file
81% them.
10 Q. And you file them?
4, A. I file them.
12 QO. Ch, you maintain them in your own files?
- 13 A. Yeah. And we may be a year behind on getting them
up, but that's our procedure. Now, I really have been keeping
those records for years, and I've never had much cause to
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keep them. But it's usually one sentence.
. 17 ; wo ; -
3 OQ. Okay. Those records may or may not reflect any
3 18
v decisions with respect to a homicide case.
3 19 svt 211 n ieid 2 ¢ A. I can't recall a homicide case.
J ND
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: 21 | seek a murder indictment or to seek a lesser indictment
: 2 | on a lesser charge, the personnel in the indictment section
are not required to put in writing the reasons why it's
24 | one rather than the other.
25 "
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written guidelines. Still at c
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e-indictment stage,
the right question, are there any writings that describe
the procedures to be followed at the pre-~indictment stage?
A. Like an office manual that you're talking about?
Qe Right.
A. No. We try to train all of our district attorneys
in the indictment section. We have some that stay there
all the time. We put others in there t¢ work with them under
their supervision, s¢0 they learn something about bringing
charges and technical aspects of indictments and things
of that nature.
3. Okay. It's basically on-the-job training; is that
what you're talking about?
A. Yes, sir, it's on-the-job training.
a. Qkay. Let me turn your attention to what might
be called the preconviction phase of a homicide case, the
postindictment, preconviction phase. And let me ask, again
king about homicide cases, is it fair to say that general
in the exercise cf the duties and responsibilities of your
office, personnel in your office may with respect to a given
homicide case where a murder indictment has been returned
decide to accept a plea of guilty to murder, accept a plea
cf guilty to a lesser charge, or a third general opticn, -
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33 o his effort to get what you called the same
quality of recommendation, I think, you make effort through o
.
the training that you give on the job; is that--
A. That's true.
Q. All right.
A. And they'll handle hundreds of cases before they'll
be turned lcose.
0D. Let me get back, because I'm just not sure. You
did start discussing with me the discretion of the trial
district attorneys, and I take it from what you're saying
PTE Sh 2 “NT - 2. . - Jo - 4 0 Sp AEs me
is that once you move to the postindictment stage, the deci
s
yt wri ok Tr pie A : rey : 5 2} i — 3 3.2 pled ov oe
sion makers involved generally with respect to again sticking
~ a ny M 3 prs 3 - -Y preg de} 3 eel to the homicide cases that we're talking about the primar
Tred ot MY mom ie py an meen, Tey Fg oo 1 Al arricdt g+drarnavs wih von GeclLsion makers are cae ria QILSLYILCT attorneys, win your
V 3 " og A ™ wv be I po Wh VERT 5 - o- ~ v
own involvement along the lines that you've previously--
2 -
a. In the homicides, I would be more involved. We
have certain type of people selling hard narcotics; we expect
By
time out of them. Business or residential burglars, especially
residential, we expect time out of them. When I say time,
we recommend that somebody goes to prison. Well, they know
Ti MINE Tv Ty pra 7 py yrs win Bn Pho BP 3 - Lo. LY de en : + that, so they operate discretionary from tnat period on.
a ~~ ety 4 yd TO : Fo 3 py v > ” y « my yoy he rr 4 3 Q. All right. What is your personal involvement with
ct
3 4
espect to murder cases after the indictmen
A. Generally I'm familiar with the nurder indictments,
hs because we don't have as many as we do the others. And if
it is a typical homicide of a domestic type of a homicide,
they'll average about ten years.
Do. When you say they'll average about ten years,
in terms of your office's recommendation, you mean?
6 2 Xs h-huh [affirmative].
7 1
Q. All right. What other categories can you identify
A. Well, now, when I say average, when you average
10 | them up at the end of the vear. Bvery one would be somewhat
11 | different.
12 a. All right.
2 13 A. Be different based on the evidence.
|
hy 12 Q. All right. Let me ask you though just about your--
15 | again, your personal involvement. Is it fair to say that
16 | included in the discretion here before a murder case goes
z 7 | to trial would be discretion to recommend to the judge that
he accept a plea to murder, or recommend to the judge that
o 19 : he accept a plea to a lesser charge, or to reduce the charges,
. 20 | or fourth, just generally drop the charges altogether? I'm
: 21 talking about a general framework of what we're talking
; 22.| about.
; 23 A. I believe that if there was going to be some drop-
24 | ping of charges, I would know about it.
25 Q. All right. But whoever the decision makers are,
{
25
in the postindictment, pretrial phase on a murder charge,
those are the four general actions that would be available.
A. Well, through the training that the assistant
5 DA's get, I think we pretty much think alike on the cases,
on what we suggest. Now, if we have got-- sometimes on plea
bargaining, for example, if you're representing a certain
8 | defendant, and you would like to enter a
of time, my DA will know whether or not that's within
10 | the ambit of the way we're doing it in the rest of the office,
1 | and he'd be entitled to take it.
12 | £2. All right. Let me just make sure that I understand.
13 | I think you're agreeing with my question, but I'm not sure
(
i 14 | that the record is going to show it. In terms of just the
15 | general options that are available at the pretrial stage
bs “1 WE he IC 1 tobe : TAs % Re 16 | that we're now talking about, in addition to just pressing
: 17 | the case to trial on the murder charge, the other general
2 18 | options that whoever the decision maker is-- their general
options are to recommend that a judge accept a plea to murder)
: 20 | recommend the judge accept a plea to a lesser charge than
° 21 murder, separately just reduce the charges, regardless of
8 22 | a plea involved, or fourth, without regard to a plea, drop
—
£ 23 | the charges. Is it fair to say that those are the general
24 | options involved at this stage?
25
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suppose that would be right. A
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cases. I discuss them with the assistant DA's. They discuss
them among themselves.
Q. All right. Is there any systematic review in your
office of decisions made by a trial district attorney to
accept a plea to a murder charge or to accept-- I'm talking
again about cases where there's a murder indictment, and
let me start my question again. Hs
9 ¢ i ) 5
A. think I can answer the question. We do have 151
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12 ; :
A. He reports each case.
13 TY 1 3
Q. He reports each case at what stage?
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charge 1s, what the sentence is, whether it's a
not guilty or a guilty, whether it's a dead docket.
2 #1 Are those reports filed on a monthly basis?
18
19
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% A. Most are on a daily basis.
2
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z Q. Oh, on a daily basis.
S 22 es : iy Vy. . ' ey
y A. But sometimes they're a little slow about it.
<
23 %
0. I can understand that. oo
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s U that daily or weekly
24 = . Yo
report that you mentioned-- does that just list the cases
25
isposed of on that particular day or during
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A. That's right.
Q. And what happens to that report?
A. I just file them. I've got drawers full of them.
And if they place a case on the dead docket or nol process
it, they usually write cut a little explanation. It comes
in handy to double-check, for example, the number of trials
we have a vear, the number of pleas; and it has some use.
¢ ALY nw op by de
Q. FL MRE ll RL
pi Jo = +h Ya os TY ry A 5 3 4 | A. We keep those figures in another way; but this
SIE - bh! + He 4 Py ~ ny "Sb ele Be net th ~y ¥ 15 4a 11TCLle ChieCK agains CIM.
OQ. Ckay. And that's the primary use that's made of
a. They just go to me.
Q. Okay. Is there any system in your office whereby
there's a review made that lcoks to the actual substance
~ fo : - 0% rR Avy nA IN A veal AS eri ved rede ia de de py VV ERAS the decision made DY & Tria. GLELYLICL ai torney?
A. There is. But sa far as I know, I'm the only one
Q. You do that on what basis?
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2 A. I have a policy of trving to read the proposed
indictments. There's over a hundred a week. I'm not able
to do it. I used to be able to do it, and I could remember
a certain case for a few months. Now I read the murder cases,
the rape cases, the armed robbery cases. I don't read all
8 Mila ~ = 3-1 . Lee gn A , _~ 4 8. These are the indictments you're talking about.
9 NN oy de : BR n 1 3 . : elds A. Prior to indictment, and then 1 go back the night
¥
1 + rn ye - hn - . h! oy 3 < " =~ 10 | before we present them to the grand jury. So usually after
4 i de i 4 yy em oe - . M Er , » 1 xo. ~ 7% 1 that, I just randomly pull some files and look at then,
~ ” - 4 * 7 3 pe, « do da pn wm 12 | especially with new attorneys.
F
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A We have found through the yazars, being in the
3 A , 79 4 In h! 3 3 —_ oy SE A + 5 ~ 15 | middle with the witnesses, with many instances family members
16 | on one side and family members on the other, whatever's
. 17 5l Dry g nar SENT § I<; 3 17 babls mr ain : done to a case, somebody is going to probably complain,
and I will probably have to take a quick look at the file,
19 } and generally I'm real pleased with the way it was handled. %
z 28 Qe Okay. If the trial district attorney makes a recom-
:
© 21 mendation to the judge, for example, on a murder case that
8 22 the judge accept a plea to a lesser charge, would that trial
Q
§ xX district attorney routinely record his reasons for making
24 that recommendation?
25 A. Ro, not routinely.
30
>
' 2
0. All right. It might happen occasionally, but only-
! A, He might mention it to me, but we don't have a
requirement that he place something like that in the file
The file is mn
supposed to show the evidence in the case, and
5 | if I'm checking one, I can determine from reading the file
why a certain recommendation was made. There may be-- on
an occasion, there would be an out-of-pocket witness, and
9 Qe All right. What are the kinds of considerations
A
10 | you expect your trial district attorneys to take into account|
1! in a murder case now, say, for example, to decide not to
12 | press ahead to trial, but rather accept a plea to a lesser
pa wr ~ 3 Ty "ay , h . on Yo oy ym mp ey” . 13 or recommend that the judge accept a plea to a lesser charge?
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14 A. There'd be 5 lot of them. One of them would be
15 | how strong is the case, how will the witnesses in
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16 | what scientific evidence do we have, do we have a smoking
17 | gun, so to speak, what are the reasons for the killing;
is it an argument over money between family members or some~
19 | thing of that nature, or is it an atrocious type case; how
3 20 | old is everybody that's involved; what are the mental condi-
S 21 | tions of the people; what type of criminal records do people
g 22 | have. And all of this, with experience, you sort of gras
Q
g 23 | without knowing that you're looking for it. And always anothef
24 | element is the likelihood of what the jury might do with
25 | the facts that vou have developed fd
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it's a loser or a winner.
Q. Okay. Now, let me also just make sure I've asked
ok
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what are hopefully the right questions. Again
this postindictment, pretrial stage, are there any written
procedures in the office that outline the steps to follow
or what's to be done in a murder case?
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Yr die 10 You cmos pi oY Ea 3 ~~ 2 SP Ea 1 looking at homicide cases and homicide cases and homicide
12 cases where a nurder indictment has been returned-- look
& : 2
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14 | there any written guidelines again existent in your office
15 | applicable to this decision making?
a ad
16 A. There's not anything. In those type cases, 1 gener-
17 | ally am more involved. We have to make a determination first
vhether or not it falls within the ambit of the state law.
3 19 | The state law is very strict on when you can ask for the
3 hs i chron: ; = - ‘yy 3 2 EA ry + 3 ~11 z 20 capital punishnent. We take into consideration the atrocious-
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2 21 | ness of the crime. We evaluate our evidence. We take in
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S 22 +1 cmt T14y £ hat the J13ver mihi A Spa wm ee © the pPpOosSsSibD1Lilly OX what The Jury mignct ao ln such a case,
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z 23 v.13 3 “pn z ~ 3 pn Ae ely mtr vad el 2 a Pon Poy oo ha —- or $= oy ~~ pn TT <3
a whethe OY LOY they N1gNL 1mMpose 3SUlhn 4a sentence. we dao
24 | utilize other elements that I mentioned before, such as
25 age, mental conditions. past records, exactly what happened
—
—
- 3 re Ee | 4 + in this particular instance.
night be sought.
5 A. I'm involved for several reasons. Some reasons
from a standpoint especially of evaluating the evidence.
For example, there may be three people charged with murder,
and we decide to go for the capital punishment on one of
Fro
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10 | Otherwise, there's a possibility that we may can try all
11 | three together. So thera's a lot of things involved in making
’
12 | the decision. We don't ask for capital punishment as much
15 | they are in some counties. Last year I can recall two cases
16 | that we asked for the capital punishment, and we did not
7 | get it. One was an adult homicide where a man named Chambers
and another individual murdered a female, everybody being
*
black, because they thought the female had told the authori-
: 20 | ties something about their drug business. It was a very
: 21 brutal murder. They tied her up, shot her a couple of times,
; 22 | sodomized her, raped her, and we tried them separately.
: 23 | Both of them we asked for the death penalty, and the jury
24 | gave life. And the other case involved a man named Wilson
2 tis . avi ¢ Pra % NEE : ® | who was a black male, and the victim was supposed to be
to
2
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ails —
a pimp for a prostitute, also black. We sought the death
penalty in that case. The jury weculd not give the death
penalty. That's the only two cases that I can recall that
we sought the death penalty in 1982.
5 gd. Okay. What is the role of the tria fo
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in the evaluation as to whether to seek the death penalty
or not?
8 A. The trial attorney on these type cases will discuss
the matter with me. Generally, we'll probably be in agreement.
10 0. Does the trial district attorney one to you with
1 | that initial recommendation after he or she has evaluated
12 he facts?
- 13 A. When we are speaking of cases that we ask for
§
pee 14 RE LIE . : : = ! ~ capital punishment, we are speaking of very few cases. On iS
15 | all of those cases, I do discuss it with the trial att
a . Pin S5- I + JURE PA Fog TY . . an 4 op PIR, A i Trp ai We. Ta
16 | in the different s tages. Something may come up to change
17 | our mind.
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: 8 Q. All right. Well, let me ask you this. With respect
to murder cases, does the trial district attorney have the
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21 that with vou?
S 22 A. We don't ask the death penalty in all murder cases.
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: 23 | ye ask the death penalty in very few murder cases.
24 4 All right. I just wanted to make sure I understood A 8 er
25 } y RT Le v3 EAN 4- - i 3 y 3 ve = 7 how your system worked that's all-- and I was trying to
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, % explore the scope of the authority of the trial district
attorney. If a trial district attorney evaluates a case
3 as one that he or she views as inappropriate--
A. Inappropriate?
™ ig vu wo 3 ~~ 4. oy Lu . 1 } : y a Q. Inappropriate, one that he or she believes the
8 death sentence should not be sought, does he or she need
7 to report that opinion to you?
8 A. Now, when you're speaking of murder cases, I think
° the trial assistants and I would be in agreement on the
10 | fact that we don't seek it very often. We seek it on the
1 | most atrocious cases. We seek it where there are not questions
12 of identity. We seek it where the evidence evaluates to
o that extent. We seek it where it fits within the ambit off
b “vy an yoy od - ~3 ¥ In = de -— - 4 the law, and again, we don't have that many cases. And i th
15 2 rr pd
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al assistant comes to me on a case like that and says,
16 "I've got problems with it if we convict. There's two people
: 17 | involved, and if we try for the murder, we'll have a much
: 8 weaker case on the second person." Or they come to me and
1 = vv = Fo ih 2 = # gy A E. - $3 Tg ¥e 19 say, "One of my witnesses has died, a very important witness,
: 20 | we may make a change on what we had first determined to
21 | do.
3 22 Qe All right. Is it fair to say then, given what
: 23 | you've said, that you seek the death penalty in very few
24 cases, that if the trial district attorney doesn't believe
25
that a murder case fits into the categories that you have
a
on
-
she wouldn't seek the death penalty: or
A. In the instance like that, the chances are we
Qs Chances are?
them to seek the death penalty.
i Q. Is there a requirement--
8 A, But we have to consider some of the practicalities;
E o WBE ty de ~ 1 - £% CT £7 8 ” BE EE ny for , that 1f we get the death penalty, we never cease litigating
10 | We have them, and you have a record of all of them. But
11 | since 1973, we've had, my count, eleven. There's about five
12 | of those still be litigating. They go back to around 1973
of 13 and '74, and that involves a lot of work, a lot of time.
p 14 | 50 that has to be taken into consideration. That may be
15 | part of the reason why there's so few that we do seek.
16 on. All right. Let me just make sure that I ask the
: 7 | question.
; i 2. I can't recall a case where the trial assistant
: 9 | came to me and said, "I don't think we should ask the death :
: 20 penalty in this case for such and such a reason," where
: 21 | 1 disagreed.
; 22 Q. Okay. Is the trial district attornev required
: 23 | to report to you on every murder indictment whether he or
24 | she believes the death penalty should or should not be sought}
25 » eo 3 3 a Ez. 3 1 Ye pny -“¥ TE 4 PN ue A. I'll answer it this way. I know about it before
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Superior C
3 3 Feat ang your o a?
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murder
How many murder indictment
bs of
indictments in 198
were there?
il Now, I have 97 defendants.
2 were 97
ourt with murder charges
Yes, 97. Now, several of
at 1982,
GE on GRE J hy | - ~ 1 £ffice felt that death
od
if ny figures are OXI ec
as you called it,
cases—-- there were
-— 1 ” -~ Ee 3 o~ where there was a murder
something in thai
“Je hd nls ey 3 rw 3 py 2 r Let me make sure I understand. In
against 97 defendants.
and you identified that
mura
Pel +s 5 RY Sn CRT de a i VG rn + ho orcs 382, 1s it fair to say that there were
think that would be an accurate
xt, that the of
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ived life. Some of those were reduced to voluntary
Ft ou
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All right. In the cecision not to seek the death
38
hese 95 cases, that would have at least routinely
sis that fair to
A. I think we could say that the assistant district
attorney did not have to ask the death penalty in these
ds
8 95. That would be part of the way we operated.
2.3
2 QO. Okay. Your confident in the decision they made;
8 1s that correct?
~
115 A. I don't worry too much. I prefer when I can not
12 | to seek the death penalty, because we talked before about
14 50 much more work, so much more time in court involved.
15 Se All right. Mow, does your office teke to a death
.
16 | penalty trial all cases in which you identify that there
are statutory aggravating circumstances present?
: 18 5 2
A. il e
a 19 Pe Thy 3 4 wa IRL i pd 3
2 Qe What are the criteria that your office uses to
= 20 scrt out those cases where there are statutory aggravating
ul
=
2 : no 5 A x : FEY - = ° 21 | circumstances present and you will seek the death penalty,
C Ve - a
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Q
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Z RIO 3: irs p A - ~ oon | Spa ey ~ + . : ice vw vida ¥ 23 | vating circumstances are present but the death penalty won't
24 | be sought?
25 . be | : ” py < ’ }
A. Well, in most of our murder cases, they're not
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subject to-- under our law-- to seek the death penalty
When we talked about 97 awhile ago, there would not be many
of those that we actually could seek the death penalty,
under my view of the Georgia law. Any case, that would be
evaluated on the evidence if it did come within the purview
of the statute, on the evidence, on the strenght of the
case, on how atrocious the case was, and the likelihood
cf a jury verdict. We don't care to try a death case with
no hope of getting a death penalty. I had a list of what
cama under that law, but it's such things as who was killed,
like a district attorney or a judge performing their acts,
shather or not they're involved in another felony, which
is usually the one that we're interested in, and in this
case, 1 suppose. I believe there was two grounds in this
» re oy den ~ » 4. 1 case. That was one of then.
"“ 2 - : Iep——" oy of - ngs 1 = A. — Je ight. But just in terms of the general factors
a r TF wpe em T da 3 ¥ Ys Fa k x 3 8 Tre Bor od Fa - "a Be. Bm involved, I think you indicdated-- I mean to sort out cases
where aggravating circumstances are present and the death
Fg. | a a. , £2 - du N 5 -— « H penalty will be sought {rom situations where aggravating
circumstances are present and the death penalty won't be
” $y “ts oa by = A. I'm not sure what you've said.
» § a mm i. i GEO Yi | . - go 2 pag ey oon ob iy. : 2 NY ha Q. All right, I really Just want to see if you can
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3 : Fn wy d. L. 73 2% do 7% 3 ; oy, | “te hi takes into account to determine which of the
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do have aggravating circumstances present will be cases
that you'll seek the death penalty, and I think you indicate
hat you didn't seek it in all cases where there were aggra
vating circumstances, and you mentioned the evidence, the
strength of the evidence, I think, how atrocious the crime
was, the likelihood of a jury verdict. Are there any others?
A. Mental conditions, past reccrds, certain cases WJ
where there's more premeditation possibly than others; for
instance, somebody hiring out to kill someone, or someone--
contrary to being in a fight with someone.
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'm sorry.
A. I said the contrary may be being involved in a
fight with somebody, they probably would not. The ages.
I really don't know what all I've said.
v3 J wom i=} VA JB WG ” . 1. v Q. Okay. EBvidence, strength of the evidence, how
wo hs Pi PE Kw oF | PRR he BE 2% 3 = - - 3 $a vet 7% wis Sn i atrocious the act was, the likelihood of a verdict, mental
conditions, past criminal records, degrees of-- the more
premeditated acts as opposed to the less premeditated--
the ages
Ae. All of those would be considered.
A. For example, in one case that I discussed where
we asked for it and we didn't get it, everything was con-
idered along that line, and we decided to push
death penalty.
KN
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.
a
d
( 1 Ew : ; "TI" on ay » - - " [gr - oo 4 Qe In reaching a decision to seek ln cases where
there is a decision to seek the death penalty, are there
any writings made contemporaneous to that decision that
would reflect the reasons for seeking the death penalty?
case that we seek the death penalty, it's really apparent
on its face why we seek the death penalty.
1 0 J 4 '
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1 OQ. And that is my next question. There aren't writin
< | in those situations where the death penalty hasn't been
13 | sought either.
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14 ry 3 gg de ny fo do le Fn wn $= ye bi 3 . ¥ - in i igh A. No. And quite often that falls within the likeli-
Fo Fn ne x - ~~ ude 15 | hood of the jury giving it.
16 Q. In terms of the persons involved in the decision
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a 3 p. 3 ~~ mde Jens IT = 1 ~ de qs x py All right. Were there any other black district
ae i : he | ot i ES iT i ] 873 : he 7 during the time period 1873 to 1°
to a particular Superior Court Judge other than Clarence
Cooper, I
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Mel Jones.
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When you say been in court--
They may have shared a court, like Carol Wall
Tarner.
3il right.
I don't recall who was in court at the same time
dv else. It generally fluctuates a little more.
For example, Wendy Shoob is one of my trial attorneys. Her
name does
lawyer in
n't appear on here, but she's in court every other
got sick. When she got sick, I moved some other
» and she hasn't regained the trial, so it fluctu-
ao" gon A Ty 4 - a wy py or Yr oy - ~~ a do Ya ro wy at Are +here any other people who are in the office
esent time who you views as trial attorneys like
y 4 3 i eS Coming a i vy POO t know how you classify them, but
3 who were assigngd
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a courtroom, a particular courtroom, and handle those cases
for six months or more.
A. Wendy Shoob would be the only one the last year.
Q. kay. And she's white.
A. She's white.
Q. Okay. Besides Clarence Cooper and Isaac Jenrette,
who are former district attorneys, I take it there are also
a number of white former district attorneys who were tria
district attorneys, but whe have left the office, but who
had been there during the period '73 to '8B3; is that correct?
1 - § . 1. 7 J we - IN od Es pe A. There's been some turnover-- not a lot of turnover,
out some turnover.
-. oh Lo A “ 3 vy, - wom b | voy Bow Py += Q. All right. Who can you recall at this present
time who have been trial district attorneys for you, but
like Clarence Cooper and Isaac Jenretite have left the office
in the past ten years?
A. Well, I recall the last couple. One of them's
Gordon Miller. He's heading up the federal task force on
narcotics. ‘And cone of them is Jack Mallard. He's, I believe,
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24
25
the bench who else served on the Pulton Su
was black?
A. Judge Horace Ward. Now, Judge Cooper has been
gone for some time. He left this office, and before he became
a Superior Court Judge, was on the City Court bench, and
the City Court bench are the ones that bind the cases over
to the grand jury, and most of those are black.
Q. Ckay. So it's been a good period of time since
pt CY WNL TRIE : ~ Cd As Ce oe 3 So Judge Cooper worked in your office as an assistant.
A. Yes, it has. :
A Okay. You don't recall when he left.
A. It must have been a good while ago, 1968 maybe.
I'm not sure. I'm not positive.
0. And Judge Cooper was himself elected to the Superi
ourt bench within the past, what is it, year and a half
A. He was elected in 1930. I'm not positive, but
he's been here several years. He was there on the City Court
for, say, like five years, and before that he was then with
A. I'm giving an estimate on those times.
Q. All right. You mentioned Judge Ward. Was he the
first black Superior Court Judge in Fulton County?
A. To the best of my knowledge, he was.
Ui
Wi
e
~
( 4 80 Okay. Do you happen to know, was he also the first
2 black Superior Court Judge in the State of Georgia?
3 A. I don't know that. There was a black judge, one
% of the first ones was Savannah, and I'm not sure how their
5 terms—-—
5 Q. In Fulton Superior Court, aside from Judge Ward,
Lia
4 ? Judge Jenrette and Judge Cooper, the remainder of the Superio
the time period '73 to '83 have been
| white.
10 A. Have been, except for those three. I don't recall
1 | any other blacks.
12 Qe All right,
7 13 A. On the Suparior Court,
5 3
1 a. Okay. Just to refresh your recollection, let me
15 | ask the court reporter to label this
16 [ Whereupon, a document was
17 marked Petitioner's Exhibit
18
P-2 for identification.)
: 20 o. Let me first show that to Mary Beth, and then
: 21 show that document to you. Let me show you a document that's
2 22 | an excerpt from Volume 231 of Georgia Reports for the time
: 23 | period September, 1973, and ask you if the names listed
24 | thereon at page 2 of Petitioner's Exhibit 2 identify the
25 names of the Superior Court Judges in the Atlanta Judicial
Ep]
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57
gO. Let me show vou Petitioner's Exhibit 4, and do
again the same thing, this being an excerpt from--
A. Now, Judge Ward is on this one, and Judge Weltner.
0D. -=~Volume 240 of Georgia Reports, September, 1977.
And on this Petitioner's Exhibit 4, you have indicated that
Judge Ward and Judge Weltner have appeared.
A. Yes,
Q. Okay. Those gentlemen also served as Superior
Court judges in Fulton County; is that correct?
A. That's true.
OQ, All right. And of the Superior Court Judges listed
for the Arlanta Judicial Circult on Petitioner's Exhibit
4, the one black judge is Judge Horace T. Ward; is that
Whereupon, a document was
marked Petitioner's Exhibit
P-5 for identification.)
THE DEPONENT: It seems to me like we ought to
be able to do this a lot quicker.
Qa Well, sometimes-- let me show you now what's been
labeled Petitioner's Exhibit Number 5, being an excerpt
from Georgia Reports, Volume 245 in 1980, and directin ho 2 7 C
58
;
he your attention again to page 2 of that document, does that
2 list persons who served as Superior Court Judges in +h
3 | Atlanta Judicial Circuit in 19807?
a A. Yes. What this dees is just shows a group of judges
5 | that served together at a particular time. Doesn't have
6 | dates that they served.
/ Q. But as of 1980, Judge Jenrette has appeared, and
8 | Judge Ward has left; is that correct?
9 A. That's true.
10 Q. So as of that date, 1980, with Petitioner's Exhibit
1 | 5, there is one black Superior Court Judge in Atlanta Superioi
12.1 Courts,
= 13 A. As I remember, Judge Jenrette succeeded the bench
§
> 14 | held by Judge Ward.
15 Q. Okay. All right.
16 [Off the record.)
; 7 | BY MR. STROUP:
!
: LL Q. soing back briefly for a moment to the decision
10 making that you previously discussed regarding seeking or ;
: 20 | not seeking the death penalty in a homicide case, you indi-~
: 21 | cated, I think, that there weren't any written guidelines.
c 22 | 1 think that's correct.
: 23 A. No written guidelines. I don't know how to draw
24 | written guidelines for something like that.
25 Q. All right. With respect to are there written guide-
5%
y P
a
t
e
i
a = 4 ro de Se ew we TI Yo ex Tren lines, are there written procedures? I'm not sure I asked
A, On whether to ask for the death penalty?
Q. Right.
A. No. That's individually determined based on the
evaluation of the evidence, the atrociousness of the crine,
75 ‘5 v [3 [3 3 [4
the likelihood of a jury presenting it, various facts we
8 discussed.
¢ Q. During the time period that you have been in the
=
13 dan - LL ty 5 ~~ : . A district attorney's office, have there been changes made
1 in the process that you go through in deciding wheth to
12 seek or not seek the death penalty?
13 “Be All right. Now, the Witherspoon case was 1968,
ie
4 and the Witherspoon case changed all of the cases then to
15 life. Then the Purman case came cut in 1872. At that time,
16 the Supreme Court said our statute was not constitutional,
; 7 | and so we had no death penalty then until 1273. Since 1973,
J I believe we've had about eleven cases, which you'll probably
: 12 quiz me on, and I'll tell you. The House case was in 1973. :
: 20 0. Okay. :
: 21 A. The Scott case was 1973. The Floyd case was 1973.
: 22 | All of those happened to be white defendants and white vic-
: 23 tims.
22 0. Let me cut you off there.
25
A. kay. I was trying to save you time.
{ T : moot ate 7 1
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HEE 3 aul OF FIP HG Hi BEER +% HIRE Gd G1 13%
far as makeup of juries. And like I said, we got three ver-
dicts in 19273 for the death penalty, and in 1982 we didn't
get any. We asked for it twice.
Qe All right. I think you've answered--
5 A. So maybe the less likelihood of juries giving
&
it over the period of time, cially when it's not being 6)
[63
carried out,
8 Q. Okay. In terms of the process, the decision making
process that your office goes through, is it fair to say
10 $1 3 £3 hs FOP OS TEE on ny “ prs “ 3 = y dey ere that the decision making process is essentially the same,
ryt1 +} be Ya a ~~ ’ WE A ¥ 1.} £2 vay peg Sn 2 J 4 - » : a 4 1 with the exception of the fact that you can't seek it in
2 ry rs Ty Sha LILES BE Mar Sn sre lien : 3 ny La om : virsky 12 | a rape case, even if it is atrocious, and you have to pay
1 3 on ome - § 37% i 3 Y \ % dn po +4 j 29 on oI AYE ER . P iI I d= oy wn ~ 3 - w
- 1 © J EE SLioncion {52 iil SOO raAvVarLlLINL CLIT CUMS Taneas A J.iz oe Birt
15 A. And I think probably it's the same. I have always
16 | been cautious and
p 17
z 18 ~
€ 19 | don't want any problems with the facts; don't want any problems
z 20 | with mentality. And I was that way in 1973.
3
$ 21 Oe. All right. And you were that way~-— I take it vour
© x
= 22 dor ot wy xP ou yn ERS, y Tu fy wn Lo pen kW gm vag go hey a 4 Ao Jo S testimony is you've been that way since you were the district
. 23 | attorney.
24 A. I hope SO.
be
25 1 ~ ~ £02 »- = ~~ PPR: | d 3 M 3 - Be Ton on Q. Does your office keep records that indicate the
62
race of victims in murder cases?
2 A. We do not keep records on every murder case. I
suppose where we've got capital punishment, I know the race.
But many years ago we moved into having black jury commis-.
sioners. We have never lost any case based on the composition
of our juries. We wanted to be sure that we had an adequate
number of jurors, based on the population.
-
w
8 0. “All right,
A. Now, that was Critus, and since Critus, we have
10 | still kept up with the thing. I do have figures on race
11! from the city from the FBI reports.
12 Q. On race of victims?
» 13 a, On race. For example, in 1982, out of the 161 {
: 14 | homicides in the City of Atlanta, they were not able to
15 | attribute one to a white killing a black. In 1981, there
16 | was 196. They could attribute three of a white killing a
: 17.1 plack.
2 Q * Okay ®
3 A. From a racial standpoint, 90 per cent of our cases :
3 20 | are blacks killing blacks, and then the rest are whites
: 21 | killing whites or blacks killing whites, but no whites killing
co
No
No
blacks
RLACKS «
23 0. Okay. What do you make of that?
24 A. That is the way that it works in our city. It
25
goes on back. In 1980, out of 212 homicides, there was only
63
\ one that we could attribute of a white killing a black.
2 It's black killing black or black killing white, and mostly
: 90 per cent black killing black. Now, some of the whites
a killing whites fit in the moxe atrocious phase of our evalu-
5 ation. Some of those are the most horrible type cases.
6 Q. kay. Let me get back to the question about your
? own records.
8 A. My own records do not show. I do not have a com-
9 | pilation of how many cases are black, how many are white.
10 Q. By either defendant or victim? i
114) A. No. They do have them at the city level, and they
12 | give the data to the FBI, and the FBI comes out with reports
. 13 | every three months, so they are available from that source.
1
3 14 0. - AY right,
15 A. That's where I got the one where I said in 1982
16 | there wasn't a single white who killed a single black.
5 17 Qe Has anyone in your office ever taken a look at
: 8 | the whole question of what happens to white victim crimes
19 | in your charging and sentencing process versus what happens :
: 20 | to black victim crimes in your charging and sentencing proces$?
: 21 A. All right. We have made a concerted effort through-
3 22 | out my entire time here to see that justice is equal.
: 23 Qe. ©. All sight.
24 A. Let me finish answering the question.
2 Oe I'm going to object to this response unless it's
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I know who is black and who is white.
0. All right.
A. Because the courts have put some stress on that
in various cases, so we've kept up with it.
Q. All right. What about the experience beyond the
cases where you have sought the death penalty?
A. We do nct add up blacks and whites. We do check.
For example, many years ago it was very difficult to get
a life sentence if the victim was black and the defendant
was black, and one week we got two sentences from trials--
this was many years ago-- and we felt like we had reached
a certain plateau. We are very car=ful about seeing that
our recommendations are the same, black and white, and have
been throughout the years. And I think our records will
substantiate that there's no difference in the sentencing.
And I'm sure you've looked through them, and I believe you'll
Q. I think that your response is you've looked at
it from time to time in an informal way, but there is no
systematic review in your office of charging and sentencing
patterns to determine whether there's a disparity in terms
of race of victim or race of defendant in the charging and
sentencing patterns.
A. No. I say we live with it day by day. We have--
as you pointed out, we have blacks in court. We have blacks a by ff
5
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24
25
doing t
Qe
office
by the
A.
Q.
A.
because
same tre
Qe
A.
any cas
between
in diagt
sional
66
he charging, and I don't think--
All right. Do you have today any records in your
that consider disparities in charging or sentencing
race of the defendant or the race of the victim?
I don't have any statistics.
\11 right. Are there any written studies of any
No. I don't know that there's any written studies,
IT don't think there's been any deviance from the
atment through the years,
31) right.
We've been studied by other people, by the defense
. They've checked, and I don't think you'll find
e where they've raised any question about disparity
°
races in Fulton County.
rict attorneys~- Georgia District Attorneys profes
organizations.
Well, I want to maybe clarify that a little. The
District Attorneys Association, for example, in
+ had two or three seminars at Athens with speakers.
ings a year, and the main advantage I have in that
-
N
B
A
Y
O
N
N
E
,
P
E
N
G
A
D
C
O
,
is to get to know the DA's from the other parts of the countr
so I can make a phone call and cut red tape.
Qe Have you had occasion to meet most of the distr
attorneys in Georgia?
A. In Georgia? At some times in the past, I have
ict
probably known most of them. Right at this particular time,
I do not know over half.
QO. Do you know, abs there any black district attor
in Georgia?
A. I don't know of any black districy atiorneys in
Georgia.
Q. All right. Now, let me just ask you just a cou
nore brief questions. Do you know from your own personal
knowledge of any situations involving murder cases where
the family of the victim has been adamant one way or the
other in their desires that the death penalty be sought
or that the death penalty, on the other hand, not be soug
A. Quite often.
QO. All right. In both directions, or has your expe
ence been that adamant views are more one way than the ot
A. They're more one way than the other.
Q. And which way is that?
A. To seek it.
0. All right. What's your understanding--
A. I'll say the two cases that we sought in '82,
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0 was just the DA's office. ¥
Q. All right. There are situations where you have
sought the death penalty even though the family was not
A. Yes.
Q. Is that a factcr that you would anticipate that
would at least need to be taken into account, if the family
A. I don't know how it's done elsewhere. We're in
sympathy with the family. We try to consult the family if
o*
they're adamant to explain why we do whatever we do, but
Q. Can you state unequivocally today that the desires
of the victim's family that the death penalty be sought
has not been one of the factors relied upon by yvour office
from time to time in deciding to seek the death penalty?
A. I can't say that that has ever made the decision
one way or the other. I do remember one case where it was
a fairly close decision, and the family expressed no desire
for capital punishment, and in that particular instance
we did not seek it. I don't recall the converse.
Q. Okay. Have there ever been situations where a
decision to seek the death penalty in your view may have
been somewhat influenced by pressures of the community,
5
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24
25
69
cases where there's lots of publicity, there's lots of out-
*
rage in the community, the situation that gets lots of publi-
A. Well, quite often the cases that we seek the death
penalty in have a lot of people in the community feeling
the same way that we are feeling when we make the evalua-
tion, but I cannot say that-- I don't recall us seeking
the death penalty in any case because the community felt
like we should seek the death penalty. You may have one
that you want to throw out to me, but I don'ts recall. But
usually it's the same, the atrociousness of the crime. And
but when you start evaluating your evidence, it's not suffi-
cient to go for the death penalty. So in those cases, we
go for the life penalty. If we get both, we go for the death
generally.
0. Do you recall any situations where your offi
has sought the death penalty, but was-- I don't know how
to ask it so that you understand what I mean-- sought it
in a halfhearted way, if you understand what I mean.
A. I don't quite understand that.
Q. A case where it's a close question, but you decided
Ir +4 yy to seek it anyway.
A. We have had cases where we sought the death penalty
and after the guilt phase, the jury took so long on the
4
(
guilt phase that we waived the death penalty on the penalty
phase. We've had cases like that. We thought if it's that
much trouble to find a person guilty, maybe we wouldn't
seek the death penalty. I'm not aware of any cases that
> | you may have in mind of half way trying the case, or something
of that nature.
3). All right. But it would be your judgment-- I mean,
you're clear then that there have been situations where
just lengthy jury deliberations-—--
10 A. I recall one of those. One of the cases that was
1 on your list, we thought, and still think that the death
12 nenalty would have been warranted, but the citizens of the
13 | community are the ones that are going to have to give it.
14 Obviously, they were having problems ~ @
Bae le ae : : i) re Sati pane J v 15 Qe. Okay. Let me ask you also, just directing your
3. da x 3 LY Ny pn 1 R my im Son on = » 16 | attention to the 1977-78 time period in Atlanta, do vou
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: were raised in the newspapers and elsewhere in Atlanta that
Q ertain black officers in the Atlanta Police Bureau had
5 20 TARE Ars BEC oe ay
z treated on certain promotional exams that had taken place
F]
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@
S . 5 - ne ty bhi En al Ln S 22 A. I know we went through that period of time. But
o
9
z : 1 : rs ME AONE, - .. I 1-1 % "3 ig : 23 | in 1977, we got one capital case, black on black. '78, we
24 - ~~, v7 rel 1 Fo +1 11 § 2m 3 ITO got one, which 1s the case that you're here--
26 Q. Let me just--
-
A. And I believe that's the only capital case that
we got. Now, we asked for it in two or three cases where
police officers were killed, and we fought for it, but the
jury didn't give it, and those were black on black, in one 6)
instance~- a man that stopped the automobile out here on
the southside, the car was stolen, and he didn't realize
it was stolen, and he walked up. I don't recall the name
right offhand, but it was on your list, I noted.
{s
]
Q. Let me just, looking at this period, go back to
the question that I asked. You mentioned that you were aware
O. That the city went through. :
a
A. A great deal of publicity about it.
Q. There were also allegations, were there not, that
i a A RT is 4 3 mre I a a Mle pi a wR Hi
OLICEe COMMLSSIONEr nNimsell was either awareg o LIL o 3
cheating by police, black police officers, or that he had
condoned this cheating by the police officers; is that cor-
rect?
y 20
% A. That 1s correct. There were charges made and special
S I : : ia a, : 1
: investigations made by a couple of lawyers appointed by
22
Jo Tm Pe 7% the mayor.
PE
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No
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QO. Late '77; 1s that correct?
24
25
you say.
QO. All right. November lst of 1977, two attorneys,
one black and one white were appointed to investigate these
allegations of cheating.
A. Mr. Ward and Mr. Thrower.
Q. Correct. And you also recall that it was as a
result of that lengthy investigation by those two special
investigators that the police commissioner himself submitted
jo)
resignation, was then suspended from his position, and
0
a number of black officers were disciplined; isn't that
10
correct?
1
12 Ps + Je All right. Do you also recall that during the
13
r 4 same time = vd Fors tune mandi n 4 Fader i ria Yawenit 5 2 Cl — LIN pPexrlioaq wi dla LL 5 as penaing in = Ce Call Lo a CO ur <A - CL YY a2 Ad A
S.
14
dv } FW ~ 1 M rh mY Tuy £4 rs} on sve 10 L521 uy CS oy oh bo Dw ry LR Bes ”
that had been initiall Y = iled by black officers of the Atianth
15 . : % ' T Tag wm gm way wy} rT. ~ = fn 1. Se om 5 a ~ Eo Police Bureau alleging discrimination by the bureau on the
Ae Commissioner Eaves, who is black, was police com-
F
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—
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]
missioner for several years, and as I recall, he sort of
> coincided with Mayor Jackson, came into office, but I don't ¥
1 20
3 remember the particular year, but I think it's probably
: 21 :
5 around '75,
3 22
0 Q. Late '74 maybe?
g 23 ix
A. Around in there.
24 ; : au " oy
Qe Do you recall back earlier in '73, when Chief
25
- es ; - him? ivi A+rIand Ty 1 tr rT rv WE Inman was 111 the chief in Atlanta, black officers filed
C
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25
a lawsuit based on discrimination against them?
A. There was a lawsuit going on for several years.
OQ. And in fact later on, in 1976, the white officers
in the bureau joined that lawsuit and claimed that Commissione
Eaves was discriminating against white officers. Do you
A. I recall that,
Q. All right. That was something for a period of
time in the mid and late '70's that was from time to time
A, That's true.
Qe All right. Do you also recall in this same period,
1977, 1978, when Commissioner Baves was in office, that
is pay Be 4 ie ie WEEE “ I Wh de TE Lad ! ot Xz 3 Nyure allegations were nade by the white officers that Commissioner
Baves was favoring blacks in the hiring of black recruits.
A. I recall that.
Q. All zight, Is it alr to say, in light of this
controversy involving the police department during this
period that we're talking about, '73 on through Commissioner
BEaves' resignation in 1978, that there was a substantial
amount of division within the Atlanta Police Bureau itself;
that that went down on race lines? I mean, the black cfficers
were claiming the white officers were favored; the white
officers were alleging that the black officers were favored;
74
~ there were allegations that the black officers took unfair
advantage by cheating on promotion exams. Is it fair to
I
know when we first hired black police-- I suppose around
© | 1947-- that there's been sone problems. I haven't been able
to tell from my vantage point that it stopped police from
9 f pn o g- 's EA AR vo 7 yd 0. I'm sorry. I just didn't understand.
ww
0 Pla pyde fie ov de peg o Gil = wiry pyre drive 10 A That it stops police from policing.
¢. TO v p - 3 wy om Se 4 , “w 3 —- a J ee ~p 2 ~ $e ny er i ¢. From your observation, you have observed that
4 -— oe odo py 3 Ly oo ou *
12 it has not or’ 1 nas?
7 13 A. That they continue to police, but they may not
3
14 te their sergeant. I suppose when you get twelve hundred
15 | individuals, there's always going to be some problems. But
ve - REARING, ON 5 RGR SRNR 3 re he w pai ve ems de de Do wy Be ev vy ym 16 | 1 do remember, I believe in connection with that, maybe
17 We In wm ts Sond iy ER ey 3, a i 7azn’l wm there was a hiring freezes, that they couldn't
5 20 3 T "lL rg re . Yonre foo Tw 3 ve z Atlanta Police Bureau during these time periods. . :
Z
Zz
" 3 pa . - : ~~ Ja SR : 21 A. I'm not going to say that it's much different
m
5 1a ou ge A ct «w way om ~ py hy ~~ Son “yp po oy iE de Zo ure S 22 | than it was three years before that or three years after
2
z
2 23 | that.
on | 2 24 gd. All right,
25 x. I know that publicity--
J
Ln
A. Following the lawsuit in federal court.
a FR 1} ye on LEW : wn CARINE, | wu nn de Q. All right. There was a lawsuit in federal court,
4 = 3 I ~ 3 cc Ty +} ne TTR ~~ oad 7 3 de Ty p= and also the allegations with respect to cheating and the
subsequent special investigation conducted by Mr. Thrower
8 A. It did. I was not involved in any of that, but
10 0. Correct. I understand that. All right.
1 A. Thereafter, Commissioner Eaves was elected to
12 | the county commission.
13 Q. In preparing for this deposition, is it fair to (
say you have had opportunity to review a number of materials
15 | just to refresh your recollection regarding a number of
18 | cases.
17 A "$ un ERT = Zn Joy rw Es | o~ 1 A, It's fair to say that I did some. I didn't know
Pn 18 vy SS | ee de a Z about this until yesterday.
Qe I understand your situation.
3 20 - : x A. I can tell you about the capital cases we've got.
z
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24 may not.
25 O re Yey oem Pat a lo vs om on de ~~ ~~ 17 EON 5 de ~ pn oe da oy de Du I have onc question for you about the cases that
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rT Pos . - bo Jy wm de 1m - . ERLE LD pm ym T 12 A. There was one case that happened just before I
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19 axe TBST RMT. AAI te ETE By FUORI Fr i hy 950 ” EF . WESTMORELAND: Just to make it clear, that
i 20 REET RT . ELL z was a case hefore you took office.
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*
| * FULTCN SUPERIOR COURT, A.J.C. *
* hk kk RR PRE kk AER ERK KK KK Kh hk kkk kkk kkk kkk kk kk kkk kkk kkk hh Kk
*
*
hy JUDGE LAW CLERK /SECRETARY CALENDER CLERK QOURT REPORTERS DISTRICT ATTORNEY *
*
*
* Alverson, Luther Don Howard Mary McClelland Jerry Baxter *
x Walter Lovett Rn. 206 Rm. 207 572-2743 *
* Nancy Ayres 572-2414 572-2874 572-2416 *
*
*
* Cooper, Clarence Deloris Levine Susan Northington Wally Speed ¥
. Michael Smith Rm. 200 Rn. 209 52-27% *
: Nell Brown 572-3168 572-2988 572-2473 *
J»
«
. Eldridge, Frank M. Sharon McGuire Teresa Bishop Thomas W. Hayes *
» Debra P. Kaplan Rn.614 Rn.609 52-232 *
. Lauise S. Axtell 572-2651 572-2740 572-2939 *
*
*
. Daniel, William W. Joyce Bennett Mary Hardison Thomas Jones »
’ Beth H. Taylor Rm. 602 Rmn.605 572-2598 *
of Anne Lemke 572-2304 572-2657 572-3181 *
* re = *
* Fryer, Joel J. Janet Moore David C. Schulze Michael Whaley *
* Michael Baskin Rm. 208 Rn. 922 572-2645 *
» Jayne Greer 572-2968 572-3133 572-3292 *
*
*
* Hicks, Ralph H. Linda Lawson Cliff Stewart Chris Jersen ¥
* Charles Phillips Rm. 805-A Rn.806 572-2732 *
* Teresa Jenkins 572-3276 572-3278 512-2378 %
*
*
* Jenrette, Issac Linda Mitchell Jewell Wright Harvey Moskowitz *
* George Ference Rm. 510 Ru. 509 572-2217 *
* Tenesa Daniels 572-3101 572-3103 572-2618 x
*
*
y langford, Jam S., Jr. Cheryl Blackmon Jim West John Turner/arcl Wall| *
x Mercer Lewis, Jr. Rm. 957 Rn.242 572-2840 572-2388 | *
x Sue Clark 572-2571 572-3172 572-2568 *
*
*
* | MKenzie, Sam P. Susan Garner Linda Irwin Russell Parker *
* Bob Caplan Rn.812 Rm.812 57-2769 *
* Jamie Reed 572-2404 572-2660 572-2519 *
*
%*
* Etheridge, Philip F. Liz Cochran Carole Foster Andy Weatlers x
* Nancy Levy Rm.804 Rm.807 572-2232 *
* Barbara Powell 572-2484 572-2436 572-2504 *
*
*
*| williams, Osgoad O. Sara Jacobs Patsy Mahs Paul (oward *
> Buz Williams Ru.413 Rm.412 572-3255 *
* Joy Raynor 572-2611 572-2345 572-2187 *
hg ar aN SI TT EE ee EOI ttre mga ie WR Eo 8 RTE RE a el dl Bi
THE SUPREME COURT
*Hon. CARLTON MOBLEY, Chief Justice.
Hon. BENNING M. GRICE, Chief Justice.
Hon. H. E. NICHOLS, Presiding Justice. -
How HIRAM K. UNDERCOFLER, Associate Justice.
Hon. WILLIAM B. GUNTER, Associate J ustice.
Hon. ROBERT H. JORDAN, Associate J ustice.
Hon. CONLEY IN GRAM, Associate Justice.
Hon. ROBERT H. HALL, Associate Justice.
WILEY H. DAVIS, Reporter.
GUY M. MASSEY, Assistant Reporter.
JOLINE B. WILLIAMS, Clerk.
EVA F. TOWNSEND, Deputy Clerk.
HAZEL E. HALLFORD, Deputy Clerk.
MAUD SAUNDERS, Law Assistant.
MARGARET W. DEIMLING, Law Assistant.
BENJAMIN G. ESTES, Law Assistant.
EFFIE A. MAHAN, Law Assistant.
JOHN A. SIBLEY, III, Law Assistant.
S. ERNEST VANDIVER, III, Law Assistant.
JOHN P. MacNAUGHTON, Law Assistant.
ROSEMARY KITTRELL, Law Assistant,
Hon. ARTHUR K. BOLTON, Attorney General.
* Retired March 10, 1974. Justice Hall appointed March 19, 1974, by Governor Jimmy Carter for unexpired term of Chief Justice Mobley. Presiding Justice Grice succeeded as Chief Justice and Associate Justice Nichols succeeded as Presiding Justice.
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JUDGES OF THE SUPERIOR COURTS
Circuit JUDGE RESIDENCE
ALAPAMA.. 7. 2 Hon. H. Welom. 0. 0 an Lenox.
ALCOVY hilo Hon. Thomas W. Ribeway ........ Monroe.
ATLANTA... Hon. CLaube D. Saw,
CHIBPIUDOE ..... 50. oi hey Atlanta.
Hon. LUTHER ALVERSON .... ....... Atlanta.
HoN. Jace P. Eruerince 0.0 Atlanta.
Hon JOELL. FRYER. 0h. ii Bit Atlanta.
“How. Lrovp Ewmo Hour... Atlanta.
Hon. JOHN S. LANGFORD .............. Atlanta.
HoN. Sam P. McrenziE .................... Atlanta.
Hon. J. C. (Jer) TANKSLEY................ Atlanta.
HON. G. ErNest TIoWELL ................-. Atlanta.
Hon. Oscoon O. Winiams. ......... 0 Atlanta.
Hon. CuarLes A. WoFFoRD ............. Atlanta. ATLANTIC oj i HoN. Pour. BE. Caswery, S00 00 Hinesville.
Hon. JOUNR. Harvey .................. Pembroke.
AUGUSTA sein Hon. WiLLiam M. Pueming, Jr. 00 Augusta.
Hon. EpwiIN D. FULCHER ................ Augusta.
Hon. Joun FP. Haro... Augusta.
HoN. FRANKLIN H. PIERCE .............. Augusta.
BLUERIDGE .......io Hon. MariON T. PoE, JR. ................._. Canton.
HoN. Sam P.Bunrz cn il oo Canton.
BRUNSWICK .......... 0 Hon. WINEBERT DAN FLEXER ......... Brunswick.
Hon. GorpoN KNOX, JR. .............. Hazlehurst.
CHATTAHOOCHEE ....... HON. J. ALvan Davis oc... 0 Columbus.
HoN. Jou H. Lanp........ sso Columbus.
HoN.:Oscar D. Svirw, Jr... Columbus.
CHEROKEE 4.......c0.o5 Hon. JEFFERSON L. Davis ............ Cartersville.
CLAYTON... 0. +. Hon Hanorp Bangg’... 0.0 Jonesboro.
HoN. MARVIN A. MILLER ............... Jonesboro.
COBB. 0c .... -.. 0a Hon. Luther C. Hames, Jr. ......... Marietta.
Hon. Hower, C. Ravan... Marietta.
Hon. James L. Buttarp 0c. Marietta.
CONASAUGA ............ Hon. Roserr Vinmng, JB. ..... 0.0... Dalton.
Hon. CoyH Tempres.......... 00a Dalton CORDELE"... ...: THON. Wm. 1, McMurray, Jr. .......... Cordele. COWETA >... hah Hon. Lamar KNguT oo. Carrollton.
HON. JOSEPH C. JACKSON .................. LaGrange. DOUGHERTY ..... hii, How. Asa D. Keuiey, Jr... 0 0 Albany.
HON. LEONARD FARKAS ........... 0... Albany. BUBLIN Vv. Hon. W.H. Buu) Wurre .................. Dublin EASTERN... Hon. DunBar Harrison ........... Savannah.
Hon. Frank S. CHEATHAM, JR. Savannah.
HoN. GeorGE E. OLiver Savannah. FLINT oo -Hox. Hucu D. Sosesee. 0... Forsyth. GRIFFIN... on, HoN. ANDrEw J. WhaLeN. dr. 0.0000 Griffin. OWINNETT.... Hon. Cans. C. Prerann oi 00 Duluth
Hon. RED MerrITT Lawrenceville
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CircuIT JUDGE RESIDENCE
HOUSTON... o....0a Hon Winns B. HUNT. JR. Lio. iii: Perry.
LOOKOUT MTN. ......... Hon. Rosert E. (BoB) COKER ............ LaFayette.
Hon. PauL W. (JOHNNY)
PAINTER: Bu. adh ii itd Rossville.
MACON. oo a, Hon. HAL Berl oe aria atin ae Macon.
1 Hon. GeorcGe B. Curpepper, 111... Fort Valley.
: Hon. CC. CLounp MORGAN ©... cing: Macon
MIDDLE... ob. ida. Hon. W. C. McMiLLAN, JR. ............ Sandersville.
MOUNTAIN. a HoN JACKIN GUNTER... 0s hinds Cornelia.
NORTHEASTERN ......... Hos. A. BR. Runyon ....00.0. nl Gainesville.
x Hon. JosepH H. BLACKSHEAR ........... Gainesville.
NORTHERN ......o o.oo: Hon. Joun W. (BiLLy)
WILFORD: | rns naa oo Elberton.
OCMULGEE /.... ............ Hon. JosepH B. DUKE... .... Milledgeville.
Hon. George Ll. JACKSON... 000i. ii ok Gray
OCONEE. vi oh Hon. James B.OConNon..............0 LL McRae
OGEECHEE ............... Hon. W. CoLBERT HAWKINS .............. Sylvania.
PATAULA 0 hn Hon Warttea LL. Geen cn 0s Colquitt.
PIEDMONT . coi o iin vino Hon. Mark DURAHOO 0... es vires: Winder.
ROME: ih. ok, Hon. Roserr LiScog@IN oo ns Rome
Hon: Ropert Lo. Bova © 0 ain 2, Rome
SOUTH GEORGIA .......... Hon. RoserT E. L.
CULPEPPER. JB. 0 tar oa Camilla.
SOUTHEEN .. 0... Hon. Marcus B. CALHOUN ........... Thomasville.
HoN. GEORGE A. HORKAN, JR. ........... Moultrie
SOUTHWESTERN ......... Hon. TO MARSHALL... ........00 0... Americus.
STONE MOUNTAIN ...... Hon. Wainiam T. Dean... cin Conyers.
: Hon. 1:0 Huger, Jr o.oo... ois Decatur.
Hon. Crarence L. Peeren, Jr. oo... Decatur.
HoN Curtis Va. TrnamMan 0... Decatur.
Hon: ToM M ALLEN JR... iio Decatur.
Hox Crype HEnuey © 00... Stone Mtn.
Hon. Ray CC NORVEIL 0 ete Atlanta
TALUAPOOSA .............. Hon. Dan WINN... 0 0 vine Cedartown
Hon. Haroio L. MurpHyY ................. Buchanan
TIFTON daa aii HonNaJ Bowe Gray... 0.00 000m Tifton
TOOMBS 0 ol, Hon Rosrrr LUSTEVENS .. ........ 0.0 Thomson
WAYCROSS... ........... Hox. Bex A. Hopges..... 000.0, Waycross.
Hon BLiw 1, HOLTON. ...ooiooveiaris enn Douglas.
WESTERN La, Hon. James Barrow ©... 00... 5. Athens.
JUDGES OF THE SUPERIOR COURTS
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JUDGES OF THE SUPERIOR COURTS
Circurr JUDGE RESIDENCE
ABAPAHA © Hon. RW. Bgrr CL. la . Lenox.
ALCOVY cris... Hon: THoMABS Ringway «©. iil Monroe.
ATLANTA LN Hon. J. C. (Jer) TANKSLEY
Ciel JUDGE wv a ad Atlanta.
HoN. LUTHER ALVERSON ............ .... .. Atlanta.
HoN. Jack P. ETHERIDGE: ......0.. oh. 0 Atlanta.
w~HON JOELI. FRYER..............0..cciin. Atlanta.”
Hon. Lovo EiSio Hover... Fos Atlanta.
Hon. Joun'S. LaNcrorp ©... a0 Atlanta.
Hon. Sam P. McKENZIE co... oul Atlanta.
Hon. CrLAupe DEiSuaw, 0 0 Atlanta.
Hon. G. Ernest TIDWELL .................... Atlanta.
Hon. Oscoop:O: WILLIAMS ................... Atlanta.
HoN. CHARLES A. WOFFORD ................. Atlanta.
ATLANTIC .......... HoN Paul Efaswerl 0... 0. ul Hinesville.
Hon. JounR. Harvey ..................... Pembroke.
AUGUSTA ioe... HON. WiLLIAM'M. FLEMING, JR. ........... Augusta.
Hon. Epwin DgFurenEr .........00..ciii. Augusta.
Hon. JON F. HARDIN ..........0...... 0. Augusta.
Hon. FRANKLINH. Pierce .................. Augusta.
BLURRIDGE ...........4 Hon. Marion BE-Pore, Jr. ................0 Canton.
Hon. Sam. BP. Bilger vain hid «Canton.
BRUNSWICK...» Hon. WINEBERT DAN FLEXER ............ Brunswick.
: Hon. Gorpon-BNOX, JR. ....... 00... Hazlehurst.
CHATTAHOOCHEE ....... Hon. J. AavameDavis ©. 00... 0, Columbus.
Hon. Joun Hogan... ..0. 0.00 Columbus.
Hon. Oscar Di8murs, JR... 00.000 Columbus.
CHEROKEE 0.0... HoN. JEFFERSON L. Davis ............... Cartersville.
CLAYTON... 2... HoN. HaroLD BANKE ........ Jha ..... Jonesboro.
HoN. MARVIN A. MILLER .................. Jonesboro.
COBB... Hon. Luter C::Hames, Jr. ............... Marietta.
Hon. Hower CERAvaN ..................... Marietta.
Hon. James L-Butiarp .................... Marietta.
CONASAUGA ..... ..... Hon. Roser VINING, JR. ................. 0. Dalton.
Hon. Coy BH. TeMpLes ........ 60h. oni Dalton.
CORDELE =... 2... Hon. WM. L. MCMuRRaAyY, JR. ............... Cordele.
COWETA ~~... Hon. LaMar KNIGHT ............ Gan aCarrnllfon
HoN. JOSEPH C. JACKSON .................. LaGrange.
POUGHERTY x Hon. Asa’D. Kereey, Jr. 0.0... ..... Albany.
HoN. LEONARGFARKAS ......................... Albany.
DUBLIN B.. oo Hon. W. H. ABE Waiver 0... Dublin.
EASTERN oo... HoN. DuNBAR HARRISON Savannah.
HoN. FRANK S. CHEATHAM, JR. Savannah.
Hon. GEorGE E. OLIVER Lh Savannah.
FLINT : awa JHONGHUOHR BeSesree 0.0. ian Forsyth.
Hon. SAMLWHITMIRE .................... Barnesville.
GRIFFING HoN. ANDREW J. WHALEN, JR. Sandon
GWINNETT... m0 Ho~. Cuas. C:-Pirrarp . Duluth.
Hon. Reip MERRITT Silesia Lawrenceville.
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JUDGES OF THE SUPERIOR COURTS
CONTINUED
CIrcuIT JUDGE RESIDENCE
How. Wiis B. Hune dr 0 0 Perry.
Hon. Rosert E. (Bor) Coker LaFayette.
Hon. PauL W. (JOHNNY)
PAINTER Rossville.
How. Hau Burl oon wie 5, =. Macon.
Hon. GeorGe B. Curpepper, III. - Fort Valley.
Hon. C. Croup Morcan
Hon. W. C. McMiLian, Je... Sandersville.
HoN. Jack N. GUNTER Clarkesville.
Hon. A. R. KENYON Gainesville.
Hon. Josepn H. BLACKSHEAR ... Gainesville.
Hon. Joun W. (BiLLy)
WiLLIFORD
. JOSEPH B. DUKE
. GEORGE L. Jackson
. JAMES B. O’CoNNOR
. W. CoLBERT HAWKINS Sylvania.
. WALTER I. GEER Colquitt.
Hon. Mark DuNaHooO .
.Hon. JOHN A. FRAZIER, Jr
Hon. Rosert L. RoyaL
Hon. RoBerT E. L.
CuLPEPPER, JR. _...Camilla.
Hon. Marcus B. CaLHoun Thomasville.
Hon. W. G. (Gus) ELUOTT Valdosta.
HoN. GEorGE A. HorkaN, Jr.
Hon. WILLIAM F. BLANKS
Hon. WiLLiam T. Dean
Hon. H. O. Huskxrr, Jr. .
HoN. CLARENCE L. PEELER, JR. .
Hon. Curtis V. TILLMAN Decatur.
Hon. Tom M. Auten, Jr. oi. 0 Decatur.
Hon. CLypeE HeNLEY
Hon. Ray C. NorvELL Dunwoody.
. Dan Winn Cedartown.
. HaroLp L. Murray .... Bucnanan.
. J. Bowie Gray Tifton.
. RoBERT L. STEVENS Thomson.
. BEN A. Hobces Waycross.
ELIE L. HoLToN Douglas.
. JAMES Barrow
THE SUPREME COURT
Hon. H. E. NICHOLS, Chief Justice.
Hon. HIRAM K. UNDERCOFLER, Presiding Justice.
Hon. ROBERT H. JORDAN, Associate Justice.
Hon. ROBERT H. HALL, Associate Justice.
Hox. HAROLD N. HILL, JR., Associate Justice.
Hon. JESSE G. BOWLES, Associate Justice.
Hon. THOMAS O. MARSHALL, Associate Justice.
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GUY M. MASSEY, Assistant Reporter.
JOLINE B. WILLIAMS, Clerk.
EVA F. TOWNSEND, Deputy Clerk.
HAZEL E. HALLFORD, Deputy Clerk.
Law Assistants
BENJAMIN G. ESTES BARRY STEVEN MITTENHAL
ELEANOR D. HENDERSON J. LEE PERRY
SAMUEL DUNBAR HEWLETT, III MAUD SAUNDERS
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DAVID W. HUNT CHARLES E. WEBB
DOUG KIDD WARREN A. WEBB
ROSEMARY KITTRELL SIMON J. WEINSTEIN
CLARENCE LORENTZSON SHERIE WELCH
STEPHANIE BRODIE MANIS DENNIS A. YORK
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JUDGES OF THE SUPERIOR COURTS
JUDGE RESIDENCE
HON. H.W. LOTT, C. Ji. hiiniiiiti a idiaiienn Lenox.
HON. W. D. (JACK) ENIGHT .....o.oiciirsinnrnnions Nashville.
HON. THOMAS W. RIDGWAY? i. cicciniiciinsns Monroe.
HON. SAMP. MCKENZIE, C. J. .....ccoceirrervescines Atlanta.
HON. LUTHER ALVERSON Atlanta.
HON. JOEL J. FRYER ........... id ro .... Atlanta.
HON. LLOYD ELMO HOLT Atlanta
HON. JOHN 8. LANGFORD .i..ccioieiisaacciverriionsn Atlanta
HON CLAUDE DD SH AW i diiirisienanssnians Atlanta
HON. G. ERNEST TIDWELL livia icinnriiiumnansind Atlanta.
HON HORACE TT WARD =... iii, Atlanta.
HON. CHARLES L. WELTNER .... ass Gaese Atlanta.
HON. OSGOOD O. WILLIAMS .....c..coivnesverireorsesarses Atlanta.
HON. CHARLES A. WOFFORD ......ccococvveveeinnnnnenn. Atlanta.
HON. JOUNR. HARVEY, C.J. ...ccovecnrrvereene: Pembroke.
HON. JAMES E. FINDLEY iii iinsinnenidionnes Reidsville.
HON. JOHN FE. HARDIN, C. J............0.... 0 Augusta.
HON. WILLIAM M. FLEMING, JR. ..ueevverireeeerane Augusta.
HON. EDWIN D. FULCHER
HON. FRANKLIN H. PIERCE
HON. MARION T. POPE, JR., C. J.
HON. RICHARD B. NEVILLE, JR. ...cccoeeuvnnnnnneee Cumming.
HON. GORDON KNOX, JR., C. J. -ocenemeviivesones Hazlehurst.
HON. WILLIAM BR. KILLIAM .......ccoovienciannninssns Brunswick.
BON. J. ALVAN DAVIS, P. J. cviiiccciinssicnnsns Columbus.
HON. JOUN HL. LAND .......oc ois tii ioransesns Columbus.
HON..OSCAR D. SMITH, JB. .siiccoorsinsinnseessinens Columbus.
HON. JERE FP. WHITE .........cccomsrersnrarsnmsnisivuss Cartersville.
HON. MARVIN A. MILLER, C. J. ..ccccisnieinianeness Jonesboro.
HON. JOE C. CRUMBLEY .....0.ccccciiorantestosrssennes Jonesboro.
HON. WILLIAM H ISON ......cocoieinnicecionitrssssnense Jonesboro.
HON. HOWELL C. RAVAN, C. J. .... a Marietta
HON. LUTHER C. HAMES, JR. ....ccccovvinrerrierernns Marietta.
HON JAMES L. BULLARD ........00clcisisesesnsinons Marietta.
HON. ROBERT VINING, JR, C. Jd. ...ccoeevreererrirnrcneene Dalton.
HON. COY H. TEMPLES ......... occciirecciiiiBonensiiasicsies Dalton.
HON HARDY GREGORY JR. ........cicoviiieininsiseassns Cordele.
HON. LAMAREKNIGHT,. C.J. coiiiiiiniiniiivon Carrollton.
HON: JOSEPH GC. JACKSON ....ccrviprnassimssnonsis LaGrange.
HON. ASAD: KELLEY, JR. C.J. i.ivviciinnciiennes Albany.
HON. LEONARD FARKAS ......cccooviiicicirieranicinainmins Albany.
HON. WM. MALCOLM TOWSON ..cccccccivrnriesinnnrsninn Dublin.
HON. GEORGE ER. OLIVER C. J....occio. ini, Savannah.
HON. FRANK S. CHEATHAM, JR. ......ccceuunnnnn. Savannah.
HON. PHYLLIS KRAVITCH i Savannah.
HON. SAM L. WHITMIRE, C. J. cee... Barnesville.
HON.R. ALEX CRUMBLEY oii, McDonough.
HON. ANDREW J. WHALEN, JR.,C. Jd. coven. Griffin.
HON. BEN J. MILLER... iii cssinnssnates Thomaston.
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CIRCUIT
GWINNETT .
HOUSTON
LOOKOUT MTN
MACON .....
MOUNTAIN
NORTHEAST KN
NORTHERN
OCMULGEY
OCONEE
OGEECHEE
PATAULA
PIEDMONT
ROME
SOUTH GRORiLA
SOUTHERN
SOUTHWEST KN
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TALLAPOCSA
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TOOMKS
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JUDGES OF THE SUPERIOR COURTS
CONTINUED :
CIRCUIT JUDGE : C RESIDENCE
Fk
GWINNETT HON. CHAS. C. PITTARD, C. J. coor reniersersenrarenns Duluth.
HON. REID MERRITT Sods Lawrenceville.
HON. HOMER M. STARK Lawrenceville.
HOLLISTON iii 1s HON WILLIS B. BUNT, IR. “tr.crvenicecsarassmseariersnyrnsins Perry.
LOOKOUT MTN. irene: HON. ROBERT E. (BOB) COKER, G. J. ............ LaFayette.
HON. PAUL W. (JOHNNY)
PAINTER .. > - -... Rossville.
HON. HAL BELL iC. J. oe ierimmrrrrmmenionstomminiins Macon.
HON. GEORGE B. CULPEPPER, III Fort Valley.
HON. WALKER P. JOHNSON, JR.
HON. C. CLOUD MORGAN
HON. W. C. MCMILLAN, JR, C. J. ............. Sandersville.
HON. MARVIN B. HARTLEY
HON. JACK N. GUNTER “i Clarkesville.
HON. A. R. KENYON, C. J. .......... Gainesville.
HON. JAMES E. PALMOUR Gainesville.
HON. RAY B. BURRUSS, C. J. ....a.. Hartwell.
HON. WILLIAM F. GRANT ; Elberton.
HON. GEORGE L. JACKSON, C. Jin............ srnieiaieens GIRY:
HON. JOSEPH B. DUKE ......... :
HON. JAMES B. O'CONNOR, C.
HON. PRESTON N. RAWLINS, JR.
HON. W. COLBERT HAWKINS :. Sylvania.
HON. WALTER I. GEER Colquitt.
. HON. JAMES (JIM) BROOKS .....
HON. ROBERT L. ROYAL, C. J. ..
HON. JOHN A. FRAZIER, JR.
HON. ROBERT E. L.
CULPEPER, JR. v.ovvnsineenenniioi i Camilla.
HON. MARCUS B. CALHOUN, C. J. Thomasville.
HON. W. G. (GUS) ELLIOTT ....... 55 cscrvsrinsseses Valdosta.
HON. GEORGE A. HORKAN, JR. .iieeceveeeeenennen. Moultrie.
HON. WILLIAM F. BLANKS ........ Bettis eunsreiicatin Americus.
HON. WILLIAM T. DEAN, C. J. coocieeerreeeeeeennnn Conyers.
HON. ROBERT K. BROOME ......... .
HON. KEEGAN FEDERAL ; Decatur.
HON. EWELL T. HENDON, JR. .... Decatur.
HON. CLYDE HENLEY Decatur.
HON. CLARENCE L. PEELER, JR. Decatur.
HON. CURTIS V. TILLMAN : Decatur.
HON. DAN WINN. C. J. ........... 8
HON. ARTHUR W. FUDGER
HON. ROBERT J. NOLAND ...
HON. W. J. FOREHAND
HON. ROBERT L. STEVENS
WAYCROSS . BEN A. HODGES, C. J. ....
. ELIE L. HOLTON
WESTERN . JAMES BARROW, C. J. ......
. JOSEPH J. GAINES
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THE SUPREME COURT
*Hon. HIRAM K. UNDERCOFLER, Chief Justice.
Hon. ROBERT H. JORDAN, Presiding Justice.
Hon. H. E. NICHOLS, Associate Justice.
Hon. HAROLD N. HILL, JR., Associate Justice.
- HOR. JESSE G. BOWLES, Associate Justice.
Hon. THOMAS O. MARSHALL, Associate Justice.
**HoN. HAROLD G. CLARKE, Associate Justice.
GUY M. MASSEY, Reporter.
WM. SCOTT HENWOOD, Assistant Reporter.
JOLINE B. WILLIAMS, Clerk.
HAZEL E. HALLFORD, Deputy Clerk.
Law Assistants
BENJAMIN G. ESTES CHARLES E. WEBB
JANE C. BARWICK WARREN A. WEBB
CHARLES N. HOOPER SIMON J. WEINSTEIN
EDWARD G. CUNNINGHAM SHERIE WELCH
CLARENCE LORENTZSON ANTOINETTE JOHNSON
THOMAS R. MORAN ANSLEY B. BARTON
J. LEE PERRY CAROLYN J. TATUM
VELMA C. TILLEY GWENDOLYN R. TYRE
ANNE EMANUEL CAROLYN C. HALL
HoN. ARTHUR K. BOLTON, Attorney General.
*Elected by the Court under the new four-year rotation rule
to be Chief Justice effective March 1, 1980. Justice Jordan
succeeded as Presiding Justice.
**Appointed December 28, 1979 by Governor George Busbee
for unexpired term of Justice Hall who resigned.
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CIRCUIT JUDGE RESIDENCE
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HON. W. D. (JACK) KNIGHT ........ Nashville.
ALCOVY ......omerimein. HON. THOMAS W. RIDGWAY... Monroe.
HON. GREELEY ELLIS coer. Covington.
ATLANTA ............. HON. SAMP. MCKENZIE, C. J. .. Atlanta.
HON. LUTHER ALVERSON aon... Atlanta.
HON. FRANK M. ELDRIDGE ........... Atlanta.
“"* HON. JOEL J. FRYER Atlantd
HON. RALPH H. HICKS coor. Atlanta.
HON. JOHN S. LANGFORD ae... Atlanta.
HON. WILLIAM W. DANIEL ............ Atlanta.
HON. ISSAC JENRETTE ... Atlanta.
HON. CHARLES L. WELTNER ......... Atlanta.
HON. OSGOOD 0. WILLIAMS .... Atlanta.
HON. CHARLES A. WOFFORD ......... Atlanta.
ATLANTIC .............. HON. JOHNR. HARVEY, C. J. ..... Pembroke.
: HON. JAMES E. FINDLEY .............. Reidsville.
AUGUSTA .......... HON. WILLIAM M. FLEMING, JR. . Augusta.
HON. ALPERT MCELVEEN
PICKETT Augusta.
HON. BERNARD L.
MULHERIN, SR. .....oooemunn..... Augusta.
HON. FRANKLIN H. PIERCE ....... Augusta.
BLUE RIDGE ............... HON. MARION T.POPE. JR. C. J. ... Canton.
HON. RICHARD B. NEVILLE, JR. . Cumming.
BRUNSWICK cine HON. GORDON KNOX,
JB, C.J. wiser Hazlehurst.
HON. WILLIAM R. KILLIAN ..... Brunswick.
CHATTAHOOCHEE ..... HON. KENNETH B.
FOLLOWILL ....uccrrnsencirensnnnns. Columbus.
HON. JOHN H. LAND ovine. Columbus.
HON. OSCAR D. SMITH, JR. ......... Columbus.
HON. E. MULLINS WHISNANT ... Columbus.
CHEROKEE .......cc.on.o.. HON. JERE FF. WHITE ................... Cartersville.
HON. ROBERT THOMAS POPE Calhoun.
CLAYTON ........coiinse HON. MARVIN A. MlL.eR, C. J. . Jonesboro.
HON. JOE C. CRUMBLEY ....iv.. Jonesboro,
HON, WILLIAM H. ISON... Jonsshoro.
ssrsrssnsrarraseneieen - FHON. HOWELL C. RAVAN, C. J. ... Marietta.
HON. LUTHER C. HAMES, JR. ...... Marietta.
HON. JAMES L. BULLARD srseserrsssesss's MOTI,
HON. WATSON L. WHITE nn... Marietta.
CONASAUGA HON. CHARLES A. PANNELL,
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HON. LAMAR KNIGHT, C. J. ....... Carrollton.
HON. JOSEPH C. JACKSON ........... LaGrange.
HON. ASA D. KELLEY, JR. C. J. ..... Albany.
HON. LEONARD FARKAS ..........ee.e..... Albany.
HON. WM. MALCOLM TOWSON ........ Dublin.
HON. GEORGE E.OLIVER,C. Jd. ....
HON. FRANK S. CHEATHAM,
JR. pedbuse
HON. PERRY BRANNEN, JR. .......
HON. EUGENE H. GADSDEN ......... Savannah.
HON. SAM L. WHITMIRE, C. J. . Barnesville.
HON. R. ALEX CRUMBLEY ...... McDonough.
HON. ANDREW J. WHALEN,
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HON. BEN J. MILLER ................... Thomaston.
HON. CHAS. C. PITTARD, C. J. ....... Duluth.
HON. REID MERRITT ............... Lawrenceville.
HON. HOMER M. STARK ......... Lawrenceville.
HON. WILLIS B. HUNT, JR. .......... wee Perry.
HON. ROBERT E. (BOB) COKER,
CJ. chitinase ual ayette,
HON. JOSEPH E. LOGGINS ....... Summerville.
HON. PAUL W. (JOHNNY)
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HON. C. CLOUD MORGAN, C. Jd. ....... Macon.
HON. GEORGE B. CULPEPPER, III
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“HON. WALKER P. JOHNSON, JR. .... Macon.
HON. W. C. MCMILLAN, JR.,
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HON. MARVIN B. HARTLEY Lyons.
HON. JACK N. GUNTER .............. Clarkesville.
HON. A. R. KENYON, C. J. ......
HOGiv. JAMES E. PALMOUR ......... Gainesville.
HON. RAY B. BURRUSS, C. J. ........ Hartwell.
HON. WILLIAM F. GRANT .............. Elberton.
HON. GEORGE L. JACKSON, C. Jd. ...... Gray.
HON. JOSEPH B. DUKE ............. Milledgeville.
HON. HUGH P. THOMPSON Milledgeville.
HON. JAMES B. O’CONNOR, C. J. . Eastman.
HON. ROGER H. LAWSON,
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STONE MOUNTAIN ....
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TOOMBS ........00 7.
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JUDGES OF THE SUPERIOR COURTS
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HON. W. COLBERT HAWKINS ..... . Sylvania. HON. FAYE SANDERS MARTIN .. Statesboro.
al Jefferson.
HON. ROBERT L. ROYAL, C.J... ‘Rome.
HON. JOHN A. FRAZIER, JR. desetides Rome.
HON. ROBERT EL. CULPEPPER,
an... on ALN Aly 2% Camilla. HON. A. WALLACE CATO ... Bainbridge.
HON. W. G. (GUS) ELLIOTT ....... Valdosta.
HON. GEORGE A. HORKAN, JR. ... Moultrie.
HON. ROY M. LILLY SNesteanressriivace Thomasville.
HON. WILLIAM F.BLANKS ...... Americus.
HON. WILLIAM T. DEANC. J... Conyers.
HON. ROBERT K. BROOME ..... dieses Decatur.
HON. KEEGAN FEDERAL... ... Decatur. HON. EWELL T. HENDON, JR. .... Decatur.
HON. CLYDE HENLEY .... ea Decatur.
HON. CLARENCE L. PEELER, JR. ... Decatur.
HON. CURTIS V. TILLMAN ........... Decatur. HON. DAN WINN, C. Jis.... eariuisans Cedartown. HON. ARTHUR W.PUDGER ....... x Dallas.
HON. ROBERT J. NOLAND ...... Douglasville.
HON. W. J. FOREHAND sftiransenimrneness - Tifton.
HON. ROBERT L. STEVENS «essreeeee. Thomson.
HON. BEN A. HODGES, C.J. ...... Waycross.
HON. ELIE L. HOLTON sessssnrisecinnnnnnn. Douglas.
HON. JAMES BARROW. C.J. ..... Athens.
HON. JOSEPH J. GAINES ..... srevenness Athens.
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In the United States District Court
Northern District of Georgia
: Atlanta Division
WARREN McCLESKY,
Petitioner
- Against - CIVIL ACTION
WALTER D. ZANT, Superintendent,
Georgia Diagnostic &
Classification Center,
NO. C81-2434A
Respondent
Affidavit of David C. Baldus
on behalf of Petitioner "
The undersigned, being duly sworn, deposes and says as
follows. On or about August 18, 1983, the Court in this proceeding
delivered to George Woodworth and me a specification of variables from
the Charging and Sentencing Study styled the "Lawyers' Model," a copy of
which is attached hereto as Appendix A. The Lawyers' Model includes
three sets of variables -- aggravating factors (items 1-4), mitigating
factors (item 5), and strength of the evidence measures (item 6). The
Lawyers' Model specified that a case be included in the analysis if it
(a) possessed a specified combination of the aggravating factors in
items 1-4, and (b) showed the strength of the evidence measured by the
variables in item 6; the instructions further stated that cases with the
mitigating factors in item 5 were to be excluded from the analysis.
Part I of this affidavit presents the results of analyses
conducted with four subsets of cases identified with variables in the
Lawyers' Model.
2 9/15/83
an alternative method for estimating racial effects while
controlling for the non-racial background variables specified in the
Lawyers' Model is to enter them into a multiple regression analysis as
independent variables. Part II of this affidavit presents the results
of four analyses using this approach.
Finally, the Lawyers' Model teidented that we account for the
status of defense counsel in the cases, stent eioilly whether the
defendant's counsel was (a) a private attorney appointed by the court,
or (b) either a privately retained attorney or a Sours appointed
attorney with an institutional affiliation (e.g., a public defender).
Part III of this affidavit presents the results of the analyses
addressing this issue.
I. Analyses Using Cases Selected With Variables Specified in the
Lawyers' Model.
a. The Samples
The first three variables in the Lawyers' Model (items 1-3)
were already included in the file of the Charging and Sentencing
1l/ ; : : vidi:
Study.— However, to identify the cases with the characteristics
specified in items 4-6, it was necessary to create a series of new
variables. The coding for these variables, (V4A-V6D), whose names
corres ond to the paragraphs in the Lawyers' Model at Appendix A, is
listed in Appendix B of this Affidavit.
1l/ Item 1 (INDICT); Item 2 (DEFAGE); Item 3 (DEATHELG).
-3- 9/15/83
The variables specified in the Lawyers' Model for selecting
cases sharply limited the cases available for analysis, specifically,
they identified only 31 of the 1066 cases in the sample and only 15 of
the 128 death sentence cases. In order to obtain samples of sufficient
size both to conduct multiple regression analyses and to obtain a
substantial representation of death sentence cases, we relaxed the
requirements of the Lawyers' Model in three successive stages with the
results presented in Table 1. For Example, row 2 of Table 1 indicates
(Table 1 goes here)
that when the limitations of the original Lawyers' Model were relaxed
with respect to the mitigating factors used to exclude cases from the
analysis, the sample included 66 cases representing 104 cases in the
universe and 21% of the death sentence cases. The fourth and largest
sample included 354 cases with 76% (97/128) of the death sentence cases.
ff 9/15/83
Table 1
A B c D
Sample Number apg Total Samp] Cases in the Universe Proportion and
Characteristics— of Cases— Reprosqnted by the Number of Death
; Sample— with the Sentence Cases
Proportion of Universe
Represented
1. Original Lawyers’ 31 46 (.02) «12 (15/128)
Model.
2. Lawyers' Model with 66 104 (.05) «21 (27/104)
a Relaxation of the :
Exclusions Based on
the Presense of
Mitigating Factors.
3. Lawyers' Model with 238 441 (.18) «51 (65/128)
No Exclusion of
Cases Because of
Mitigating Factors.
4, Lawyers' Model with 354 647 (.26) «76 (97/128)
No Exclusion of
Cases Because of
Mitigating Factors
and a Relaxation of
the Required Level
of Evidence Strength
for Inclusion.
1l/ For Sample 2 the requirements of Item 5 were relaxed by deleting Item 5B and
the last 10 variables in Item 5D. Sample 3 was produced by deleting entirely the
requirement that a case be dropped from the analysis because of the presence of one
of the variables listed in Items 5A-5E. For Sample 4 we relaxed the strength of
evidence requirements by changing Item 6D from "at least six" to "at least three"
positive responses.
2/ These are unweighted counts.
3/ These are weighted counts.
=D 9/15/83
b. Crosstabulation Analysis
For each sample, we calculated death sentencing rates overall
and among the four groups of cases produced by the "Defendant/victim
racial combination" variable. The results were as follows:
Table 2
Death Sentencing Rates
A Er € APE ey E r
Sample Number Average— Black Def. White Def. Black Def. White Def.
Rate White Vic. White Vic. Black Vic. Black Vic.
1 33 05746) of L858 (13/28) 4% (2/18) = 5#%.0.{0/7) geen!
2 «26 (27/104) | .54 (22/41) .17 (5/31) .0 (0/32) mld,
3 .15 (65/441) .42 (27/65) «17 (28/170) .04 (8/192) .07 (1/14)
4 .15 (97/647) .35 (34/98) «18 (50/271) 05.:012/262) «06 (1/16)
These analyses indicate that as the samples of cases are expanded beyond
the original Lawyers' Model, the average death sentencing rate declines,
but the race of victim and race of defendant effects persist in each
analysis.
1l/ The denominators are weighted figures.
a/ No cases in this category.
=5- 9/15/83
An analysis of the prosecutorial decision to seek a death
sentence after a murder conviction was obtained at trial shows the same
pattern. The results are as follows:
Table 3
Rates at Which Prosecutors Seek a Death
Sentence After a Guilt Trial
A B Cc D E F
Sample Number Average— Black Def. White Def." Black Def. White Def.
Rate White Vic. White Vic. Black Vic. Black Vic.
1 .70 (21/30) 1.0 (15/13). .61 6/10) .0 (0/5) ris 8
2 .56 (38/68) «87 (27/31) «57:(10/18) *05.4(1/19) seeas?!
3 .47 (102/214) .78 (38/49) .46 (46/101) .25 (15/60) «30 (2/5)
4 .47 (161/345) 78" (58/75) .44 (79/177) 25: 422/89) .44 (2/5)
1/ The denominators are weighted figures.
a/ No cases in this category.
In contrast, an analysis of death sentencing rates at penalty trial
shows substantially weaker race of victim and race of defendant effects.
Those results were as follows:
Table 4
Death Sentencing Rates at a Penalty Trial
A B Cc D E F
Sample Number Average Black Def. White Def. Black Def. White Def.
Rate White Vic. White Vic. Black Vic. Black Vic.
1 .68 (15/22) BL A13/18) 33 (276) biel. mina,
2 C8 (27/40) .79 (22/28) .51 (5/10) .0 (0/2) OUR.
3 .61 (65/107) .69 (27/39) .57 (28/49) .50 (8/16) 30 (1/2)
4 .57 (97/169) .58 (34/59) .59 (50/84) .50 (12/24) .50 (1/2)
a/ No cases in this category.
-f 9/15/83
c. Multiple Regression Analysis
We next conducted weighted least squares multiple regression
analyses which controlled for the 39 background variables in Schedule 4
of the Technical Appendix (Petitioner's Exhibit DB 96A). Analyses were
conducted for Samples 3 and 4 with 238 and 354 cases respectively. For
each analysis, we first controlled simlutaneocusly for the 39 background
variables and then in a second analysis, for the background variables
from the list of 39 that showed a statistically significant relationship
with the outcome variable at the .10 level. The results are presented
in Table 5 and Appendix C presents the complete regression results from
“=
which the Sample 4 race of victim and race of defendant coefficients
reported in rows IB, IIB and IIIB were taken:
og 8 9/15/83
Table 5
Weighted Least Squares Regression Coefficients for Race of Victim
And Race of Defendant Controlling for 39 Non-Racial Background Variables
A. B. Cc.
Outcome Variable & Race of Victim Regression Race of Defendant Regression
Background Variables Coefficients (with level of Coefficients (with level
Simultaneously Statistical Significance) of Statistical Significance)
Controlled for in
the Analysis
J. Death Sentence
Given a Murder Sample 3 Sample 4 Sample 3 Sample 4
Indictment (n=238) (n=354) (n=238) (n=354)
(DPMURIDT) 4
A. 39 Non-Racial «13 +11 .04 .01
Background Variables. (.05) : {.05) (.49) (.90)
B.-43/16 Statistically Mo iy) «15 .09 .05
Significant Back=- {.01) {.01) (.10) (.29)
ground Variables—
IT. Prosecutor Seeks A
Penalty Trial After A
Guilt Trial Murder
Conviction (PSEEKNGP)
A. 39 Non-Racial .24 23 +07 .06
Background Variables (.04) {.02) {.50) (.49)
Be 11/9 Statistically 23 vw26 035 .08
Significant Backs {.02) {.01) {275) {.27)
ground Variables=
III. Jury Death Sentencing
Decision At Penalty
Trial (DEATHSNT)
A. 39 Non-Racial 13 «ll 03 : -.08
Background Variables (.40) (.34) (.80) {..39)
B.. 10 statistically 13 «07 .01 -.08
Significant (.27) (.45) (.92) (.28)
Background Variables
1/ The Sample 3 analysis included 13 background variables while the Sample 4
analysis included 16 variables.
2/ The Sample 3 analysis included 11 background variables while the Sample 4
analysis included 9 variables.
=O= 9/15/83
We also conducted weighted logistic regression analyses using
the cases in Sample 4 (n=354). The racial coefficients estimated in two
analyses with "Death Sentence Given a Murder Indictment" as the
dependent variable were as follows:
Table 6
Race of Victim Race of Defendant
Death Odds Regression Death Odds Regression
Multiplier Coefficient Multiplier Coefficient
(with level (with level
of Statistical of Statistical
Significance) Significance)
Background Variables
Simultaneously
Controlled For
a) 39 variables in 4.0 1.3% «57 -.56
Schedule 4 of : £.03) {:15)
Petitioner's Exhibit
DB 960A
b) 19 of the 392 variables 5.5 1.87 71 -.39
in a) above with a (.001) (.40)
statistically signifi-
cant relationship
(.10 level) with the
dependent variable
Finally we used the 354 cases in Sample 4 to produce two
figures which contrast the rise in death sentencing rates in white and
black victim cases among similarly situated cases as the aggravation
level of the cases increases. For this purpose, the aggravation level
of each case was estimated from the results of a weighted least square
regression which controlled for the 39 nen-racial background variables
included in Schedule 4 of Petitioner's Exhibit DB 96A. The results a.c
presented in figures 1 and 2. They provide additional support for the
hypothesis that the State of Georgia operates a dual system for
(Figures 1 & 2 go here)
processing homicide cases in which white victim cases are in fact
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(Black Defendants)
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NOTES: Level of aggravation is the linear WLS Model leaving out the racial
nffoct~+ The sgecond order model includes race of victim, race of
defendant, level of aggravation, all two-way interactions and the
square of the level of aggravation. The model includes white
defendants, but they are not graphed here.
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Figure 2 Midrange second order model for 354 death elibible cases.
(White Defendants)
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-10- 9/15/83
considered more aggravated than similarly situated black victim cases.
Figures 1 also indicates that among cases with an aggravation level
comparable to Warren McClesky, there is a 25 percentage point race of
victim disparity.
The results of the analysis shown in the first section of this
affidavit are consistent with the results presented in the hearing.
There are persistent race of victim effects and when the analysis
focuses on the more aggravated cases, where there is a substantial risk
of a death sentence, those effects increase substantially.
II. Racial Coefficients Estimated in Analyses Using Variables Created
for the Lawyers' Model as Background Controls
The 18 variables created to select cases for the analyses
reported in Part I provide an alternative means of controlling for the
non-racial background case characteristics identified as important in
the Lawyers' Model. We estimated racial coefficients in regression
analyses while controlling simultaneously for these 18 non-racial
background factors. We also estimated racial effects in analyses using
the variables from the Lawyers' Model and the 39 variables which we
believe to be most important in the system. The results of weighted
least squares analyses using the 354 cases in Sample 4 were as follows:
we] Ye
Table 7
Race of Victim
Coefficient (with
9/15/83
Race of Defendant
Coefficient (with
Adjusted level of Statistical level of Statistical
RZ Significance Significance
Background Variables
Simultaneously
Controlled For
b 1. 18 variables in 31 10% oe
the Lawyers’ (.04) {.27)
Model
2. 18 variables in «43 oil .05
the Lawyers’ (.04) (.34)
Model and the 39
variables in
Schedule 4 of
Petitioner's
Exhibit DB 96A
3. 39 variables in . 39 vIl .01
Exhibit DB 96A {.05) (.20)
a/ The logistic regression coefficient and death odds
estimated in a separate analysis were 1.45 and 4.3 respectively (significant at
the .003 level).
multiplier for race of victim
b/ The logistic regression coefficient and death odds multiplier for race of
defendant estimated in a separate analysis were .34 and 1.4 respectively
(significant at the .42 level).
These data show the same pattern of racial effects observed in our
earlier analyses.
III. Racial ffcoccts Estimated After Adjustment For Status of Counsel
and Defendant's Socio-Eccnomic Sta’
Finally, the Lawyers' Model suggested separate analyses for
defendants (a) with appointed private counsel, and (b) with retained
counsel or appointed counsel with an institutional affiliation, such as
a public defender.
-]2- 9/15/83
The status of defense counsel was known in 76% of the cases in
the sample. Among the cases in the universe, the death sentencing
rate is estimated at .10 (78/795) for defendants with appointed private
counsel, and .05 (48/1002) for defendants with either retained counsel
or appointed counsel with an institutional sE8{%iation of This
correlation suggests that the observed race of victim and race of
defendant disparities in death sentencing rates may reflect a spurious
relationship caused by the higher frequency of private appointed counsel
in black defendant and white victim cases. In fact, however, black
defendants have private appointed counsel only slightly more often than
white defendants (.33 for black Selerdants v. .32 for white
/
defendants) Similarly, defendants with white victims have private
appointed counsel only slightly more frequently than defendants with
black victims (.37 for white victim cases v. .29 for black victim
4 ‘ ; Sil
cAsesy of Moreover, multiple regression analyses indicate that the
inclusion of a variable for the status of defense counsel does not
1l/ Among the cases in the universe where the status of defense counsel
was known an estimated 29% of defendants had appointed private
counsel, 16% had appointed counsel with unknown affiliation, 39%
had private retained counsel, and 17% had appointed counsel with an
institutional affiliation. Because the Parole Board files usually
indicate an institutional affiliation when it existed, it is
appropriate to assume, as did the Lawyers' Model, that cases with
appointed counsel but an unknown affiliation are most likely
private appointed counsel. In the analysis that follows that
assumption is applied in classifying the cases by the status of
defense counsel.
2/ The correlation coefficient between the status of defense counsel
and the death sentencing result is r = .10 (statistically
significant at the .01 level).
3/ The correlation is.r = .01 significant at the .83 level.
4/ The correlation coefficient is .07 (significant at the .05 level).
" -13~ 9/15/83
explain or diminish the race of victim and race of defendant effects
: 1/ NA
observed in the data.= The race of victim and race of defendant
regression coefficients in weighted least squares analyses which
controlled for the 39 background variables in Schedule 4 of Petitioner's
Exhibit DB 962A and the status of defense counsel were as follows:
Table 8
Dependent Variable Race of Victim Race of Defendant
and Unweighted Coefficients (with Coefficients (with
Sample Size level of Statistical level of Statistical
Significance) Significance)
Death Sentence Given .09 ; +05
a Murder Indictment. {.01) (.08)
(n = 773)
Prosecutor Seeks a 13 .04
Penalty Trial after {.02) (.47)
Murder Guilt Trial.
(n = 366)
Jury Death Sentencing «15 -.03
Result. (n=232) {.11) (.67)
We also conducted a series of regression analyses in which racial
effects were estimated while controlling for the 39 variables mentioned
above and a variable for the defendant's socio-economic status
a/ The status of defendant counsel variable was coded: 1 if counsel
was appointed private or appointed and status unknown, and 0 if
counsel was privately retained or appointed with an institutional
affi iation.
2/ These analyses are based on the entire sample and also included an
interaction term between race of victim and status of defense
counsel which is discussed below.
-14- 9/15/83
(LSTATDEF) ;~/ the racial coefficients estimated in these analyses were
virtually identical to those reported in Table 8, confirming that the
race of victim and race of defendant effects observed in the data are
not spuriously caused by the status of defense counsel or the
2/
defendants' socio-economic status.—
We next conducted separate regression analyses for the cases
in Sample 4, first for defendants with private appecinted counsel and
then for defendants whose counsel was privately retained or appointed
with an institutional affiliation. The status of defense counsel was
known in 84% of the cases in Sample 4 and the results were as follows:
1/ The correlation between defendant's socio-economic status (S.E.S.)
r and the death sentencing result is .05 (significant at the .08
level); the correlation between the S.E.S. variable and race of
defendant is .15 (significant at the .0001 level) indicating black
defendants are considerably more likely to have low socio-economic
status.
2/ These analyses were also based on the sample of cases and included
an interaction term between the defendant's socio-economic status
and the race of victim. An analysis limited to the cases in Sample
3 without an interaction term showed slightly enhanced race of
victim and race of defendant effects when the variable for
defendant's socio-economic status is included in the analysis.
-] 5m
Table 9S
I... RACE OF VICTIM EFFECTS
9/15/83
Race of Victim Regression Coefficients (with level of statistical significance),
Controlling for 39 Non-Racial Background Variables & the Race of Defendant
Outcome All Cases Cases with Private [Cases with Defense Counsel
Variable (n=354)— Appointed Defense Retained or Appointed With an
Counsel Institutional Affiliation
(n=169) {in = 127)
a. Death Sentence +11 23 +05
Given A Murder {.05) {.02) (.68)
Indictment
B. Penalty Trial +23 «31 .04
Held After {.02) {.01) {.85)
Murder Guilt
Conviction
C. Jury Death og 13 .07 +35
Sentencing (.34) {.72) (.43)
Decision
II. RACE OF DEFENDANT EFFECTS
Race of Defendant Regression Coefficient (with level of statistical significance),
Controlling for 39 Non-Racial Background Variables and the Race of Victim
|.
A. E. on
Outcome All Cosas. Cases with Private [Cases with Defense Counsel
Variable (n = 354)— Appointed Defense Retained or Appointed With
Counsel an Institutional Affiliation
(n = 169) {in = 127)
Death Sentence +01 «10 -.,07
Given A Murder (.90) {.25) {.51)
Indictment
Penalty Trial Held .06 «03 02
After Murder Guilt (.49) {.73) (.89)
Conviction
Jury Death -,08 -.13 -.10
Sentencing Decision {.39) {.27) {.272)
1/ Status of defense counsel was unknown in 58 cases.
-16- 9/15/83
These data show a substantial interaction between the status
of defense counsel and the race of victim, i.e. the race of victim
effect is much stronger in cases with private appointed counsel than it
is in cases where defendant's counsel is retained or appointed with an
institutional affiliation. These results tell us that prosecutors are
more inclined to be punitive in cases involving white victims (and to a
lesser degree black defendants) if the defense attorney is in private
practice and court appointed. One possible explanation for this pattern
may be that private appointed attorneys put up less of a fight and
otherwise develop less pressure on the prosecutor to accept a plea or
unilaterally waive the death Penalrys Under such circumstances, the
system is more likely to respond to the pressure for a death sentence
that is generated when the victim is white. These data have particular
significance since over 75% (98/128) of Jenih sentences are imposed in
cases in which the defendant was represented by private appointed
counsel.
The status of defense counsel is also a proxy for the
defendant's socio-economic status since counsel is appointed only for
indigent defendants; the strong race of victim effect in private
appointed counsel cases therefore may also reflect a greater perception
of culpability when the defendant is poor and a greater willingness of
prosecutors and juries to respond to the pressure for a death sentence
that arises when the victim is white. To test the extent to which the
latter hypothesis is supported by the data, we conducted separate
multiple regression analyses which included variables (“interaction
terms") reflecting (a) the interaction between the race of victim and
the status of counsel, and (b) the race of victim and the defendant's
. -l7= 9/15/83
socio-economic status. The results of these separate analyses were as
follows:
Table 10
A. B. Cs D. F.
Race of Victim Race of Victim
Interaction Main Effect
Term With
Status of Defendant's Status of Defendant's
Defense Socio-Economic Counsel Socio-Economic
Cutcome Measure Counsel Status Analysis Status Analysis
1. Death Sentence .04 .04 .09 .07
Given a Murder (.26) {.15) {.01) (.001)
Indictment
2. Prosecutor Seeks «33 j “14. «13 +37
a Death Sentence £.30) (.09) {.03) {.01)
After a Murder
Trial Conviction
3. Penalty Trial .04 .05 «15 «13
Death Sentencing {.81) {.78) {.11) (.19)
Decision
The coefficients in columns B and C are for the interaction terms which
reflect how much larger on average the race of victim effect is when
counsel is appointed (Col. B), or when the defendant's socio-economic
status is low (Col. C). Columns D and E show the magnitude of the race
of victim "main effect," which indicates the average race of victim
17 ™~» first cmalysis iucluded, in addition to the racial variables,
variables for status of defense counsel, the race of victim/status
of defense counsel interaction effect, and the 39 non-racial
background factors in Petitioner's Exhibit DB 962A. The race of
victim coefficients (both main effect and interaction term) from
these analyses are reported in columns B & D. The second analysis
included, in addition to the racial variables, variables for the
defendant's socio-economic status, the race of victim/defendant's
socio-economic status interaction effect and the 29 non-racial
background factors. The race of victim coefficients (both main
effect and interaction term) from this analysis are reported in
columns C & E.
-18- 9/15/83
ffect across all cases. Thus for the outcome measure "Death Sentence
Given a Murder Indictment" (row 1, column D) indicates that in the
analysis including the status of defense counsel variable, there is an
average race of victim etroct of 9 percentage points, while column B
indicates a 4 point interaction effect with the status of counsel; thus
the race of victim effect estimated in this analysis is 13 points in the
cases with appointed counsel and 5 points when counsel is retained or
appointed with an institutional affiliation.
The results of the analysis in Table 1C indicate that the race
of victim interaction effacts are comaiaile with both the "status of
defense counsel" and the "low soclieenironts status" variables. One is
left therefore with the impression that both the competence,
independence and energy of defense counsel, and the defendant's status
as an indigent affect the extent to which the system will respond to the
pressure for a punitive response that arises when the victim is white.
IV. Summary
Our analysis of the questions posed by the Lawyers’ Model
indicates that race of victim and race of defendant disparities in death
sentencing rates persist among the most death worthy cases, both before
and after adjustment .»>r the leading non-racial background factors
operating in the system (pp. 4-9). Similar disparities are also
observed when the mitigating, aggravating and strength of evidence
variables suggested by Lawyers' Model were introduced as background
controls (pp. 9-10). The third phase of the analysis focused on the
=19- 9/15/83
status of defense counsel and the defendant's socio-economic status.
Our analysis clearly demonstrates that the racial disparities in death
sentencing rates observed in the system are explained by neither the
status (and presumably competence) of defense counsel nor the
defendant's socio-economic status. Our analysis of these two variables
indicates, however, that the racial disparities, particularly the race
of victim effect, are most pronounced among cases in which the defendant
is indigent or has a private appointed counsel, a category of cases
accounting for over 75% of the death sentences imposed. The system
appears therefore not only to discriminate racially but also to allocate
the principal burden of that Sl zorininabion to the poor and
underprivileged.
The results reported in this affidavit reinforce the opinions
I expressed at the August 8-19, 1983 hearing about the role of racial
factors in Georgia's capital Charging and Sentencing System. The data
presented in that hearing indicate that as the cases became more
aggravated, according to both statutory and non-statutory criteria, the
observed racial disparities in death sentencing rates increase. For
example, Petitioner's Exhibit DB 83 showed an average race of victim
disparity (as measured in least squares analyses) of approximately 6
points, and that disparity increased to 10 points when the analysis was
limited to death eligible cases under the two leading statutory
aggravating factors (B-2 & B-7) (Petitioner's Exhibit DB 85). The
Lawyers' Model considered in this Affidavit limited the analysis to a
narrower, more aggravated set of cases, and the race of victim
disparities were even larger (13 and 11 points) among those cases than
! -20- 9/15/83
the disparities observed among the B-2 & B-7 cases (compare Table 5,
Y/ Part I and Table 6 of this Affidavit with Petitioner's Exhibit 85). 2
Lat LY Sutil
David C. Baldus
State of Iowa, Johnson County ss:
Subscribed and Sworn to by David C. Baldus before me
on the 15th day of September, 1983
J
/ {/ . , £ : 7 7 7 7 Vi deo2d APL hi lroa) Lae
| 7) 50 753
AE Spt emibtl/ 30, / 75 Z
i/ Similar results were also observed among the most aggravated 20% of
the cases identified with a multiple regression analysis. See
Petitioner's Exhibit DB 90 (race of victim) and DB 91 (race of
defendant).
LAWYERS' MODEL
Include if:
3.
2.
3.
4.
5.
Indicted for murder, and if
Defendant age greater than 18 and less than 65, and if
One or more statutory aggravating circumstances present, and if
Any of the following present:
(A) Two or more statutory aggravating but not b (3) where b(2)
present and not b(S) or b(10) where b(8) present.
OR
(B) One or more statutory aggravating circumstance and any one
positive response in foils
161,163, 164,.1658, 170, 176, 1764, 177, 178A, 180,/181,:184,
OR
{C} Poil 82, 86, 0, 94, 98, or 102 ig coded 1, 5 or 6,
OR
(D) Responses in each foil numbered 82, 86, 90, 94, 98 if that
response is 12 or less,
OR
(E) Any response in foils 172-175B if the response is numbered 1,
39 4, 9, 9A,-13, 14, 16,
OR
(F) Any response in foils 131-134A if the response is numbered 3,
5, 6, 6A; and if
None of the following are present:
(A) A response in foil 121 carrying any of the following numbers:
Y, 2:4,5,6, 1,8, 9,20, 15, 16, 17, 18, 19, 20.
OR
APPENDIX A
(B) A positive response in foils 135, 136, 137, 138, 139, 144a,
145, 3147, 148, 150,.151, "152, 153,154, 3155, 156,
OR
(C) Foil 237, 242, or 247 coded two and that co-perpetrator is
equally culpable (i.e., foil under 48C, code A or B is coded one or
two) and his treatment is lenient (i.e., his sentence foil is not
coded 99, 98, or greater than 19 years).
OR
(D) Positive Response in foils 261, 264, 265, 266, 2682, 269, 270,
281, 282,:283,.288, 289,7294, 298, 299, .302,:303,
OR
(E) There are a total of 4 or more positive responses in foils
259-321D excluding foils listed in 5.D., and if
Any one of the following is present:
(A) Foil 385 not coded 5 and 390 not coded 1, and positive
response in foils 323, 324, 327, 328, and where any three of the
following foils also have a positive response: 364, 365, 366, 367,
368,369, 385, (if coded 1-4), 389, 394-401, 446, 452, 453, 454,
466, 467,
CR
(B) Positive Response in 394, 395, 395A, 396, 397 and if 430 not
coded 2 and three or more positive responses in foils 322, 389,
446, 452, 453, 454, 466, 467,
OR
(C) Foil 237, 242, or 247 coded 2 and positive response in foil
405, 406, 406A, 407, 408, 409, or 410 and at least six positive
responses in the following foils: 389, 394-401, 446, 451-457, 460,
461, 462, 466-469, 471, 472,
OR
(D) At least six positive responses in the following foils: 322,
389, 428, 446, 451, 466, 467.
Run this Group of Cases once where foil ten is coded two or eight and
once where foil ten is coded either 1, 3, 4, 5, 6, or 7.
)
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|
Coding for Variables in the Lawyers' Model
AKKAY SET1 (J) LUP31 LDF35 LDF39Y LDF93 LDFY7 LDLF101 ;
ArkAY SLTZ (J) LDP32 LDF86 LDfY0O LDFI94 LDPY3 LDPIUZ
AkRaY SETI (J) LOF172 LDF173 LDF174 LDF175 LDF175A LOF1758 LDF175
7 LD£175D LDF175E
ARRAY SET4 (J) LDF131 LDP132 LDZ133 LDF134 LDP134A ;
ARHAY SETS 3 LOF 323 LOF3IZ4 LDV¥327 LDF3I<8 ;
ARRAY Silo (J) LDF3od4 LDF365 LDF3ub LDF367 LDP368 LDF36Y
ARRAY SET7 (J) LDF452 LDP453 LDra54
AkitAY SuTB 3) LDFUoub LOFP467 aad
ARKAY AVSB (J) LDF135 LDP13v LDF137 LDF133 LDF13Y LDP144A LDF145
LDF 148 LDF150 LDF151 LDF152 LDF153 LDF154 LDOF155 LDF156
ARRAY AVSD (J) LLF201 LLFZod LDF205 LDF200 LDP208A LD7269 LDP270
: LDF281 LOF282
LDF283 LD¥288 LDF239% LDF294 LDF298 LDP29Y LDF30Z LLP303
ARKAY AVS5DD (J) LDFlol LDF2o4 LDF205 LDFZbo LDF208A LDFZ69 LDF2TU
ARRAY SETY (J) LDF394 LDF3I9S LDF396 LDF397 LDF398 LDF3YY LDFUGO L
ARRAY SET10Q0 (J) LDF394 LDP395 LDF395A LDF3Y96 LDP397 :
ARHAY SET11- 5 LDF405 LDFUO6 LDPUUGA LDFU4U7 LUF408 LDKFUUY LDP4 10
ARIAY SET12 (J) LDF394 LDF3Y95 LDF395A LDF3Y6 LDF397 LDF3Y3 LDF3Y9
LDP400 LDF40O1 ;
ARRAY SET13. (J) LDFu452 LDPUS3 LDFUSH LDFuSS. LDFPYS56 LDrUS7 :
ARRAY SET14 J) LDF4oo LDF467 LDFHOB LDFU6Y :
Via = (LOPBI=T J + ( LOFB2=1 } + ( LDFB3 Ys .Lorul 20.) 4
LDF34=1 ) + ( LDPpo=1 ) + LDF37 = 1) + | LDFa0 00 A ee
LDFBY = 1 & LDF Bt a 3.1 LDF310 1'5 LDFa3.= 0.) "2
Ir V4A >= 2 THEN ‘V4 AA 1 Vi!
IF 1=<LDF161=<2 UR 1= LoF1835¢3 OR 1= <LDF184= <2 OR 1=<LDF168=<2 (0
1=<LDbF170=<2 OR 1=<LLF176=<2 OR 1=<LDr177=<2 OR 1=<LDf1738A=<2
1=<LDF180=<2 OK 1=<LDF181=<2 OR 1=<LDF184=<2
Ok 1=<LDF170A=<2 THEN V48 =71
1)
ry
3
or
=
po
|
o>
: ELSE vV4B = 0
ARRAY PCNT So) _ ENT PN2 PN3 PN4 2N5 PNG ; | :
PNT = 0 3 2 0 ; PN3 = 0.3 PRUc= 0.3 PN5 = 0 ; PRO. = 0 ;
DO OVER IE $ :
IF SET1 = ss Oi SEPT = ¥5% QF SET1 = 6% HEN DO 3
IF SETZ2 = t0C* THEN SETZ = 831%
PCNT = INBUT (Su?l, 2.) 3
END. END : .
SVUC = SUN ior Pil PN2 PN3 PN4 ENS PNb6 3
IP SVYC >= THEN V4C = 1 : ELSF vac = :
ARRAY QCNT (J) ON1 ONZ ON3'QN4 ONS ON6 ;
NT = 0 2 ON '=.0 3» O37'= 0 2 ON =0 085 -="0 3 ON6 = 4.3
DO OVER SET1
IF SETY = bq UH STE = 22¢ OR SET = 03% OH SPY = sv OF SET
SETT = 38% OR. SET) = v700R SETY = 8% OR SETT = YY GR SgT
SET] = 811% ORSETT = 129 THEN DU :
LiSET2 = syCY THEN LBTS = #1t
JOH { - INPUT (5 gee, Ze) $
ND so END:
APPENDIX B
A ERI Spa ssp DS OO mA ir PE et ep \ COI O ip SER i Se Be EE ae BE SY A
-
74 SVUD = SUM (OF QN1 NZ ON3 ONd ONS QN6 )
14 IF SV4D p= o THEN “Vad 2 J 3 PLE V¥4D:= 0 3
70 Vie = 0
1] DO OVER SET3
IB! If SET3 = 1s OR SET3 = 83% OR SETI = 4» OL SETI = ote OR
74 1 SETI = 3YA* OR SETI = 213% OR SETI = 214% OR SEPI = 216% THE
NY Vin = :
30 BND ;
41 Vr = U- ;
3.2 DO QVER SETH :
$3 JP SET ="13Y OR SPT = 5% OK SETH = 35% OR SETH = SsoA* THEN .
8 4 VHF = 1 3 BSD 3 :
35 If 1=<LDF121=<2 OR 4=<LDFP121=<10 OR 15=<LDP121=<24 i
do Ok 1=<LOF122=<2 OR 1=<LDPF123=<K2 OX 1=CLDF125=<2 THEN v5a = 1 ;
87 CPEs SA. = 0 3
34 ¥553 = 0
3Y DO OVER AVSH
Yu IF. Av58 = 1 OR AVS = 2 THEN ¥58 ='1 ;
91 ““RND 3
G 2 ¥50.= 0 :
93 BO. OVER AVS5D :
Yu IF 1=<AV5D=<2 THEN V¥5D = 1 ;
55 ERD; :
96 VoD = 0
37 DO Qvsa "AVS DD 3
94 Ir CAVS5DD=<2 THEN V5DD = 1 ;
29 END 3
100 17 e Sh ;
101 (( LDE237 = 2}. AND 1=<XLDF216=<2 OR_1=<LDF217=<2 ) AND
T0U2 {(LDF233 = 31% OR LDRZ38 = $28 Of LDP2385 = 3% OR LLP238 = %45s
ox
103 LDFZ238 = 95% OR LDFZ38 = *6* QR -LDF2383 = 87% Of L,LDF238 = vy¢t
OR
104 LDF233 = *10* OR LDFZ238 = 311% Of LDFZ2IB = 812% OR LDF238 = ¥
13% OK :
193 LDEZ3H = 14% gf LDPZ2383 = 215% OR LDOFL38 = 230% OR LDP238 = 0
Ot
}38 5 LDF238 = *18* OR LDF238 = 5#19* OR LDF238 = #204;)
u hi
104 ( LDP242 = 2 ) AND ( 1=<LDP222=C2 OR 1=<LDP223=<2 ) AND
109 LDPZ243 = 1% On LDP43 = 328% Of LDF243 = %v3*% Of LDP2U83 = 4»
OR
110 LDF243 = #52 OR LDFZ43 = tG' OR LDP243 = 7% OR LDF243 = %9°¢
Ok
333 LDPZ243 = 108 On LDP243 = 311 OR LDPR243 =:%12% OR LDP2433 =»
13 OR
132 LBP243 = 4% Of LOF2483 = 15% OR LDP243 = v158 Ol LDP243 = #
17 Of
113 LOF243..= 3182 OR LDP243 = 794 OR LOF243 = 204)
114 Ok igh
115 LDF247 = 2 } AND 1=<Luf228=<2 OR 1=<LDF229=<2 ) AND
. 110 LDPZ243 = 81% OR LDFZ48 = 22% OK LLUP248 = 3% OR LDFZ243 = sy
Ui
117? LUF248 = 868 Gn LURJZU8 = t6% ORVLDFZ48 = 37% OR LDF2U3 = 8ye
UK
3 LOP24gd = 810 OR LDR2483 = 111% OR LDF248 = 812% OR LUPZ24Y = *
i ig
LDF24d = %14% OR LDF248 = %15* OR LDF248 = %16" OR LDP24Y = °
J ) It : pi
20 LDF248 = ®18% OR LDF248 = ®19Y* QR LDF248 = 320%)
12) TAEN Y5C = 3 RLSE YSC = 0 ;
1.42 s JRO=(ICELDPE5 94) 1 {3s $=LDF260<= 2) + (1<=LDP203<=2) + (1<=LLF207<=2) + (
IK=LDF268 1+
123 stag LDF272<=2 1<=LDF273<=2) + (1<= pisces
| "i L1<=LDP3I5<=2] + 1<=LDF376<=2) + IC=LDF270A<=2) + (1K=LDF2TTI<=2) + {
I<=LDE27TTA<K=2) +
Ea (1<=LDF279<=2) + (1<=LDF280<=2) + (1<=LD
P2UHL=L) + :
120 Sesh (1<=LDP285<=2) + (I<=LDF286<=2) + (I<=LDF287<=2) + (1<=LDF290<=2) + (1
C=LLY2Y ¥
127 (T<=LDF295<=2) + (1I<=LDF2Y0<=2) + (1<=LDF297<=2) + (1<=LDF300<=2) + (1
<=LDI301<=2) + Es :
128 ih (I<=LDF304<=2) + (1<=LDF305<=2) + (1<=LDF300<=2) + (1K=
LDF3VT<=2) +
12y 21 2) (1<=LDF308<=2) + (1<=LOF309<=2) + (1<=LDF310<=2) + (1<=LDF311<=2) + (1 C=Lr312<=2) +
130 7das (1<=LDF313<=2) + (1<=LDFP314<=2) + (1<=LDF315<=2) + (1<=LDF310<=2) + (1
<=LDF3 =2) + : yom io Asp
131 13iea% (1<=LDF318<=2) + (1<=LDF319<=2) + (1<=LDF320<=2) + (1<=LDF321<=2) + (1
<=LDFr321a<=
13. 2% {ics LDF3213<=2) + (1<=LDF321C<= 2) + 1<=LDFP321D<=2) +
133 (1<=LDP262<=2) + (I<=LDF2Y1<=2) }. =LDF292 <=2);
En Ir ¥3L, 5 4 THES V5uE = 1 » RLSE VEE = 0 =
35 Voa = H
130 IR LDP Sak NSE 5 AND LDF390 == 1 THEN DO 3
137 DO OVER SETS i“
138 IF. SETS = 338 Of SETH =, 22% 0 SETH = 83% OR SETS = sy
139 OBR SETS =. #¢5¢ OR SETH = %6* TiFN VGA = 1 + LIND ;
140 ERD
141 SYVGAAS = 0 3
142 DU OVER SET12 : ae
143 SVoAsS = SVGAAS + (1=<SET12=<3) + (11=<SET12=<13) + (21=<SET12=
S23) +
353) (31=<SET112=<£33) ;
145 END 3 wr ah
Tao SV6aAl = 0 ;
147 DO OVER SPETG 3 : : ; :
lug SVOAAG = SVGAAT + (SPP = 81% } + (SETH = 22%) + (SES = 338)
+ * 4
149 (SET6 = 14) + (SEP6 = 35%) + '(SET6 = 465%)
150 END ;
151 SVoAA2 = 0
152 DU OVER SEY : i o
153 SVOA4AZ = SVGAA2 + (SETT "= 13) + (SET) = 92%) + (SET) = *340) «+
154 SET] = tus) + {8577 = 05] + (517 £150 + ETI = act) *
155 SET7: 2 87%) + {SET = e038). + (S207 = $5vy
150 END ?
15) SVoAA3 = 0O
153 DU OVER SET3 ; ] :
159 SV6AA3 = SVbAAL + (SETS = P08) + (SEPH = #38) ¥ Spy = 4%) 4
1u0 {SEBTY =. 45% } + (SEPS a Hoey 4 (STITH = 37%) 4 {SETH = tae
v
Sol (SEPS =isyr 3 4 (SETB = 810% 3» (SPTY =riavy 7;
102 EdD 2
103 I7 LDF38Y = ®*1* (OR LD1r389 = 82% OR LDF38Y9 = 33% OR LDr36Y = t4% Q
fou LDF3d9 = 85% QR LDF38Y = 3 PpCH THEN SVHBARY = ites
165 ELSE SV6AA4 =
loo VoAA = (1=<Li F3G5=<4) +
107 {i= SLOP digs CW
Toy SUA (OF SVohA1l SVOAAL
lby SV6AAS SVoAA2 SVbAA 3) s
170 IF VOAA >= 3 THEN VoAaA = 1 ; ELSE’VoAAA = 0 ;
171 SYoB81. = 0; EN
ie DO OVER SET10 ; :
113 SVoB1 = SVois1 + (11=¢sEr10= $13) + (21=<SET10=<23) +
174 (T=<SET10=¢]) +
175 (31=<5ET10=< 33)
17/0 END:
171 1F 3VOBTY O= 1 AND LUPU30 ~= 72 THEN VY6B = 1 3 ELSE veB = 0 :
174 VoBB "= HLOPIJD = 0. + (LDPuUS = 1.) +
14Y : SUM (OF SVOAAZ SVoAA3 SVoAAY )
180 1X V6BS >="3 'FHEN VoB3B = 1 ; ELSE VéBBB = 0 ;
141 SVoCt = 0. ¢
182 pO OVER SET11 ;
183 sVeC1 = SVeCl + a Aah) : 4112COET 11=ct + Jo! (21=<5ET11=<23) + (31=<SET11=<33) ;
85 END 3
140 12 (LP237=2 OR LOrz242 = 2 ORLDP24T =.2 ) AND
147 SVoC1 >= 1 THueN VoC = : BLSE VY6C = 3
jug SVeCC 1 = OO. 3
1 44 PO OVER SET
yu SVeCC1 = SVolCCl + Bn lL ET12=<3) + {1 =CS5ET12=<13) +
191 (21=CSET12=<23) + (31=SET12=<33) :
19. END 3
193 SVeCC2 =0. 3
194 DU OVER SETI3 ;
145 SVoCC2Z2 = SVoCCy + (SET13=t114)
156 SET13=%4%) + (SET13= $94)
197 SET13= 08) + (SET13=t9})
143 tND
149Y SVeCC3 = 0;
200 DO OVER seETl4 ;
201 SV6CC3 = SVolCC3 + (SET14=%1+)
LIg=t5t
202 a= toh + (SETI4=t]?
U3 SET14=%10"%) (SETH = 3
204 ZND 3
205 voCcC = Jaren iis=cey dora aE
200 : LDFu471=1) + (LDF 72=1)
207 SUA (OF Svoaisl ince S
203 IP VOOC >= oo THEN VoCCC = ]
204 VoD = (LDP322=1) + (Lhs28=1) +
210 {LDF44s = 1
23 SUM (OF SVOAAS SVoAAY }
232 IE VoD >= 6 THEN VoDD. = 1 ; LSE
or
(SET14="2")
(SET 14=128")
VoDD
(SET 14=43")
(SETTU=2gy)
LDFio2=1)
20 VARIABLE CPLESSEN
Computer Printout of Regression Analysis in Which the Sample 4
Race of Victim and Race of Defendant Coefficients Reported in
Parts IB, IIB, IIIB cf Table 5 (p.7) Were Estimated
Part IA
2042 SUNDAY” SETTER 4, 1944
STEPWLIOLE REGHESSION PhUCEUUXE FOR DoPLOGDENT VakIAUBLL DEMURILIDYE
THE FIST 2 VARIALBLES 1s LACH HOUEL AHE INCLUDED VARIABLES.
Sey rN THK ED R-SUUAHRE = 0. .42831372
C{P) = 13.155497008
pr WolGifsD So MEA SQUARE ¥ PhUpoF
hELrESSTION 13 35.3162139 1.9620121%6 33.32 0.0001
Baio 332 G7 .137Fu?341 Ve. 14195 i55
TULA L 350 U2 -43409232
uv VALUE STu LKROR Tye Il SS F PRroOg2>
OU ae DE el a -U.UY134187 :
WV ilcage Uaolnl2ysol J.UaS6 844d 1.43608%04 30.21% 0.0010
BLACAU UelUlOOTH75 UUm3u2990 Q.16399738% e110 Ves333
InsSsor Os 3Jooud tuo Jetulaliyod 1.85019584 13.07 U.ulUJ
Lotro <tuaY 1743 J.03555945 To04 157280 11.506 V.U008
Toru: eT U.uYs 70108 1.30514008 Ye01} Qeuzl
DEP: UAL ~Uat2432754 Uaeuoou8ad / U.04671390 4.95 g.40330
NOKILL -0. 19930459 U.Ubuobholy 187420110 13.240 U.udull 2
AVLUGE U.DbZ3bo ul U.22Z2T171i5U03 D.9129974¢ 0a43 V.U117
Lure lv 0.08359327 V.048057d3 041900317 i V.lub/
LHUV IC Ual1370151Y ULU09492154 0.54521240 Jo34 0.u509
DaGuls -U.0b358EL1UL UU3T94403 J.93112504 L991 JaU0YY
MULs iad Ualb4d80U4 Valu /o584U 1.3U5%914540 10. 61 u.Uulz
MulLsa 008208571 U-Udold0303 Uae? 7445454 H.45 Oeucul
CLLES3 UN U.090R 227 UULinZoYbhe 0.54344 140 3.03 0.0513
VicCuliv 0.23008503 UaUS2T9T75 1% 0.877405L50 G-13 0.0134
SER PAY U.zU0louulg U.UD05273 T.-80312415 33.14 O.0003
rab Ua2045U523 U.UdUboa4 3 1.44204905 10. To V.UU TD
Lun?p 0.183782, U.043789597 2500189065 17.01 0.0001
NO Olitit VARLAapLES BEY Tide U.T1U0U0 SIGeLIfFICANCE LEVEL FUR coTRE
APPENDIX C
Part 118
LU4,2 SUNLAY, SLPTuAsb 4, 1483
SlobPwiorn KBEGHESSLUN PhOCEDULE FUR DLPEHDENT VARIABLE PSLEKNGH
THE FIRSY 2 VARlabBLes 1d caCh MUDEL ARE INCLULEL VARIABLLS.
SW oy VaklAB LL HAPE mNTELED R SQUany = Q.,34530041
Ce) = LIV PAD RET
Dt WslGHTubD 85 Aishil BDYQUARE Ig PROBS
Keonn3SLUN 11 2905149153 Z.0%018 105 vagy Uauuu li
Ganui £27 D0 JL 4395 Uold7ob4u14
YO al 23¢ B8h.0/548 100
BB VALUE SIT ERRUOK TYPE 11 S58 4 yiUp2§
ILutsni ed 0.02060 17396 .
Wd LCKRC Uel3387067 U.UBZT1£Y91 225070791 W.32 UU IH
BLACK U.u3d2udTlu U.u744D200 Ue30202095 Tadd Ue21/01
Tut lun Uesb/0l350 U.TabUY%40 1.660780 19 v.ll UU ibZ
Luruiy U.17147371 UeUZ01YYay le47 705301 5.97 U.0 153
Twuvil Uae2Dd 734330 UUudydoto f.09303077 0.04 0.00Y5
Halo =U 2U8 2195 U.us240055 59034505 Dedl Jelills
nerd lui Ve53079Y881 VIS CH [VR IY b. 10392544 4.40 U.udbd
STRrANGL Ue 13043170 Deu 11/1744 1.23 T59545 $.37 UaUZb/
Rava Uelsyldoys JelUuvanuzy 109323004 4 och U.uso?
LUE su U. 14558329 VeUDY2531Y 43434 300) o.Uu Uotl Tad
Liuros Uael434375 OD. 33072805. " 12132724 4.94 Vale l9
NU ulin VAkIAoLLS MET Tug 0.T00U SIGNIFICANCE LuVai PUR LNTRY
Part 1118
ST AV VAulaBLe VBED ENTLExnu : 2 SUUAkE = 0.409 M370
C(r) = A 1 JR I
DF wh foley So Abas SQUARE : F enli2f
REGALS>310d 1¢ To. Ysduli29u T.41107024 B.3% J.uUU 1
Ehhug 155 Li a JYLLUUGY G.15737104
Turak 1607 Glas. od437Y
B VALULW STD mKuk TYPE "11:55 F INV EPSY
lalont ot 039023413 Lo ,
Wav Lull J2073010 40 J.idobbdoouy 0.09000743 e200 U.ald9u
SlCr -0.U157904H J.O0Y73%09 U. 18580599 Yo iE 0.27848
Iavaud Ved 3U3LH YU Jelb3UULOY 1.850529 3 bay U.00Y5
Luroi J.23002800 U.UY5d0Y44 T.40112139 aU V.OUJI3
bDubabill U.2355H9 32 Jay lolll Gau3o13149 6.20 Uo ida
NUA LL —Jabo/O18BbU U.0Y7u0179 3-0L500400 £3 ei3 Oeuiul
avedon VedUUWIQUHIY UV.2uuLYB fu Ua 70474402 SJB U.ughy
piu Lo ~0.27255392 J.uobouydgs Zod h2T4 1d 3.43 VPRVICITN |
RE TIEY -J 54411973 Ueld9li3dUdu Uo tl11535 3.444 Jeltub
SULT AD U.33312007 ow Uudl7600 204154717 Bo BP £ + VeuUlUuy
Rad N AP UessdD303Y U.UT12T974 Sadhu L3U EM Je S10
Liruvifuy Uuludhuiad? +a VGH 1940 To4UOGUT20Y Sais USS
HU Jluadk vaaiaolus et Pos Vealuuu SToniFLICANCEL LEVEL #0OBR LNT
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copv of
the within "Affidavit of David C. Baldus on Behalf of Peti-
tioner" upon Mary Beth Westmoreland, Esg., Assistant Attorney
General, 132 State Judicial Building, Atlanta, Georgia 30334,
by depositing a copy of same in the United States Mail, first-
class postage prepaid.
This 16th day of September, 1983.
P 4 PE iy Coed TN SK, HUAN Hoey,
ROBERT H. STROUP