Georgia 2023-2024 Regular Session

Georgia House Bill HR70 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 44 2337S
2	2		H. R. 70 (SUB)
3	3		- 1 -
4		-	House Resolution 70 (COMMITTEE SUBSTITUTE)
5		-	By: Representative Houston of the 170
6		-	th
7		-
	4	+	The House Committee on Appropriations offers the following substitute to HR 70:
8	5		A RESOLUTION
9		-	Compensating Mr. Devonia Inman; and for other purposes.
10		-	1
	6	+	Compensating Mr. Devonia Inman; and for other purposes.1
11	7		WHEREAS, in the early morning hours of September 19, 1998, the manager of the Adel,2
12	8		Georgia, Taco Bell was shot and killed in the restaurant's parking lot after closing, and her3
13	9		car was stolen and abandoned nearby; and4
14	10		WHEREAS, there were no eyewitnesses to the murder, and no physical evidence ever has5
15	11		connected Mr. Devonia Inman to the murder, the crime scene, the location where the victim's6
16	12		car was recovered, or to the car itself; and7
17	13		WHEREAS, a ski mask, homemade from a pair of sweatpants, was found near the driver's8
18	14		seat inside the victim's abandoned car, but it did not reveal the presence of any testable9
19	15		genetic material at the time; and10
20	16		WHEREAS, despite this lack of physical evidence and his continued proclamations of11
21	17		innocence, Mr. Devonia Inman was arrested and charged with this crime in early 1999, and12
22	18		on January 27, 2000, prosecutors announced they would seek the death penalty; and13 23 LC 44 2337S
23	19		H. R. 70 (SUB)
24	20		- 2 -
25		-	WHEREAS, before trial Mr. Devonia Inman and his counsel urged the district attorney to
26		-	14
	21	+	WHEREAS, before trial Mr. Devonia Inman and his counsel urged the district attorney to14
27	22		investigate another man, Hercules Brown, who worked at the Taco Bell with the victim; and15
28	23		WHEREAS, during the trial Mr. Devonia Inman sought to present evidence that Hercules16
29	24		Brown had planned and confessed to the crimes for which Mr. Devonia Inman was on trial,17
30	25		but such evidence was excluded by the trial court; and18
31	26		WHEREAS, during the trial the lead investigator for the Georgia Bureau of Investigation19
32	27		(GBI) falsely testified that he had not received any information throughout the investigation20
33	28		about Hercules Brown committing the crimes, and the district attorney also repeatedly21
34	29		represented to the trial court that there was no evidence whatsoever of Hercules Brown's22
35	30		involvement; and23
36	31		WHEREAS, Mr. Devonia Inman's conviction was based primarily upon the testimony of four24
37	32		unreliable witnesses; and 25
38	33		WHEREAS, before Mr. Devonia Inman's trial, a teenager who worked at the Taco Bell with26
39	34		Hercules Brown and the victim, recanted her pretrial statements to law enforcement that had27
40	35		implicated Mr. Devonia Inman; and28
41	36		WHEREAS, at Mr. Devonia Inman's trial, a second witness, who was incentivized to blame29
42	37		Mr. Devonia Inman because eyewitness testimony later placed her in the vicinity of the30
43	38		victim's stolen car, recanted her pretrial statements to law enforcement that had implicated31
44	39		Mr. Devonia Inman; and32
45	40		WHEREAS, at Mr. Devonia Inman's trial, a third witness, who sought and received33
46	41		assurances from the GBI that the prosecution would explore options to reward him for his34 23 LC 44 2337S
47	42		H. R. 70 (SUB)
48	43		- 3 -
49		-	cooperation, reluctantly testified against Mr. Devonia Inman, and in a subsequent proceeding
50		-	35
	44	+	cooperation, reluctantly testified against Mr. Devonia Inman, and in a subsequent proceeding35
51	45		acknowledged his trial testimony was fabricated and coerced; and36
52	46		WHEREAS, a fourth witness came forward more than a month after the crime occurred, and37
53	47		only after learning about a cash reward for information about the crime, and her testimony38
54	48		was contradicted by another witness; and39
55	49		WHEREAS, Mr. Devonia Inman's counsel was never furnished with exculpatory evidence40
56	50		that established his innocence prior to trial, notwithstanding counsel's repeated requests for41
57	51		such information and numerous court orders requiring the prosecution to disclose such42
58	52		information; and43
59	53		WHEREAS on June 25, 2001, Mr. Devonia Inman was convicted of malice murder, armed44
60	54		robbery, and firearm offenses, and was sentenced to life in prison without the possibility of45
61	55		parole, plus a consecutive life sentence, for the crime; and46
62	56		WHEREAS, while Mr. Devonia Inman spent more than four years awaiting the preparation47
63	57		of his trial transcript so that he could properly appeal his conviction, the district attorney who48
64	58		prosecuted him was federally indicted for misconduct in office, including lying to the Federal49
65	59		Bureau of Investigation about having a sexual relationship with an informant, civil rights50
66	60		violations, and witness tampering; entered a guilty plea; and surrendered his law license; and51
67	61		WHEREAS, in March, 2010, Mr. Devonia Inman, with the assistance of the Georgia52
68	62		Innocence Project, filed an Extraordinary Motion for Post-Conviction DNA Testing and a53
69	63		New Trial ("EMNT"), requesting that the homemade ski mask recovered from the victim's54
70	64		car in his case be tested for the presence of DNA using recently developed technology; and55 23 LC 44 2337S
71	65		H. R. 70 (SUB)
72	66		- 4 -
73		-	WHEREAS, in May, 2011, the requested testing revealed that the DNA recovered from the
74		-	56
	67	+	WHEREAS, in May, 2011, the requested testing revealed that the DNA recovered from the56
75	68		inside mouth area of the homemade ski mask found within the victim's car belonged to57
76	69		Hercules Brown and not Mr. Devonia Inman; and58
77	70		WHEREAS, on October 23, 2014, the same judge who presided over Mr. Devonia Inman's59
78	71		trial denied his extraordinary motion for a new trial, ruling that Hercules Brown's DNA was60
79	72		"not irrelevant," but it was "not apparent to [his] judicial mind" that such DNA "would61
80	73		probably produce a different verdict"; the Georgia Supreme Court then declined Mr. Devonia62
81	74		Inman's request to hear an appeal of the EMNT denial (a decision about which Justice63
82	75		Nahmias later expressed grave doubts and regret, as set forth below); and64
83	76		WHEREAS, beginning in early 2016, pro bono counsel comprehensively reinvestigated Mr.65
84	77		Devonia Inman's case and developed even more new evidence, including that the prosecution66
85	78		failed to disclose that prior to Mr. Devonia Inman's trial, Hercules Brown was arrested for67
86	79		and charged with criminal conduct in the vicinity of the Taco Bell, during which he was68
87	80		found in possession of a loaded gun, crack cocaine, and a similar homemade ski mask; and69
88	81		WHEREAS, on January 20, 2018, Mr. Devonia Inman, through pro bono counsel, filed a70
89	82		Petition for Writ of Habeas Corpus (the "Petition") in the Superior Court of Chattooga71
90	83		County, again proclaiming his innocence and asserting that his constitutional rights were72
91	84		violated by, among other misconduct, the prosecution's failure to disclose this material, and73
92	85		exculpatory evidence; and74
93	86		WHEREAS, on September 19, 2019, the Georgia Supreme Court unanimously denied the75
94	87		State of Georgia's attempt to dismiss Mr. Devonia Inman's Petition, with then-Chief Justice76
95	88		Melton and then-Presiding Justice Nahmias expressing grave concerns about Mr. Devonia77
96	89		Inman's conviction; in his concurring opinion, Justice Nahmias wrote, "Everyone involved78 23 LC 44 2337S
97	90		H. R. 70 (SUB)
98	91		- 5 -
99		-	in our criminal justice system should dread the conviction and incarceration of innocent
100		-	79
	92	+	in our criminal justice system should dread the conviction and incarceration of innocent79
101	93		people. During my decade of service on this Court, I have reviewed over 1,500 murder cases80
102	94		in various forms. . . . Of the multitude of cases in which a new trial has been denied, Inman's81
103	95		case is the one that causes me the most concern that an innocent person remains convicted82
104	96		and sentenced to serve the rest of his life in prison". Justice Nahmias further stated about the83
105	97		denial of Mr. Devonia Inman's EMNT years earlier, "I have grave doubts about the trial84
106	98		court's order denying that motion, and I regret that this Court denied Inman's application for85
107	99		a discretionary appeal of that order in 2014."; and86
108	100		WHEREAS, on August 16, 2021, the Superior Court of Chattooga County granted Mr.87
109	101		Devonia Inman's Petition, finding that his constitutional rights were violated by, among other88
110	102		things, the prosecution's failure to disclose material, exculpatory evidence, and ruling "the89
111	103		trial and post-trial proceedings against Mr. Inman were fundamentally unfair and are90
112	104		unworthy of confidence in their outcome"; and91
113	105		WHEREAS, on December 20, 2021, at the request of the District Attorney for the Alapaha92
114	106		Judicial Circuit, the Superior Court of Cook County entered an order vacating Mr. Devonia93
115	107		Inman's conviction and entering a nolle prosequi with respect to the indictment against him;94
116	108		and 95
117	109		WHEREAS, Mr. Devonia Inman thus was exonerated, and on December 23, 2021, he was96
118	110		released from prison after spending more than 23 years behind bars for a crime he did not97
119	111		commit; and98
120	112		WHEREAS, Mr. Devonia Inman has suffered the loss of liberty, personal injury, lost wages,99
121	113		injury to reputation, health issues, emotional distress, and other damages as a result of his100
122	114		wrongful arrest, conviction, and incarceration; and101 23 LC 44 2337S
123	115		H. R. 70 (SUB)
124	116		- 6 -
125		-	WHEREAS, Mr. Devonia Inman's conviction, incarceration, loss of liberty, and other
126		-	102
	117	+	WHEREAS, Mr. Devonia Inman's conviction, incarceration, loss of liberty, and other102
127	118		damages occurred through no fault or negligence on his part, and it is only fitting and proper103
128	119		that he be compensated for his losses in the amount of $70,000.00 for each year of wrongful104
129	120		imprisonment.105
130	121		NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF106
131	122		GEORGIA that the Department of Administrative Services is authorized and directed to pay107
132	123		the sum of $1,610,000.00 to Mr. Devonia Inman as compensation, as provided above. Said108
133	124		sum shall be paid from funds appropriated or available to the Department of Administrative109
134	125		Services and subject to the provisions of this resolution. Said sum shall be in full and110
135	126		complete satisfaction of all claims against the State of Georgia arising out of said occurrence.111
136	127		After an initial payment of $536,667.00, the remainder of said sum shall be paid immediately112
137	128		into a commercial annuity account bearing interest at the prevailing market rate, payable in113
138	129		equal monthly installments over ten years beginning in 2024 with interest payable to Mr.114
139	130		Devonia Inman. The State of Georgia shall be entitled to a credit in an amount equal to any115
140	131		damages recovered by Mr. Devonia Inman from any state officer or employee acting in an116
141	132		official capacity whose tort liability arises from the circumstances as described herein, less117
142	133		any attorney's fees or costs Mr. Devonia Inman paid in obtaining those damages, should any118
143	134		remedy for such damages later be successfully pursued. Upon the death of Mr. Devonia119
144	135		Inman, all payments and all obligations of the State of Georgia with respect to any and all120
145	136		future payments of the annuity and interest shall continue to be made to his estate or heirs.121
146	137		BE IT FURTHER RESOLVED that any amount received by Mr. Devonia Inman pursuant122
147	138		to this resolution shall be excluded from his taxable net income for state income tax123
148	139		purposes.124