25 LC 60 0051
House Resolution 128
By: Representatives Dempsey of the 13
th
, Barton of the 5
th
, and Lumsden of the 12
th
A RESOLUTION
Compensating Mr. Joseph Samuel Watkins; and for other purposes.
1
WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward2
Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting3
aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck4
veer over the median and opposite lanes and then crash; and5
WHEREAS, 20-year-old Isaac Dawkins was driving north in his truck on Highway 27 when6
he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the7
injuries he suffered; and8
WHEREAS, on the same evening of January 11, 2000, 18-year-old Joseph Watkins drove9
his white truck south from his home in Rome to the home of his girlfriend in Cedartown,10
undisputedly making several calls on his cell phone and passing the scene of Mr. Dawkins's11
crash on the way; and12
WHEREAS, cell phone records establish that Mr. Watkins could not have been at the crime13
scene when Mr. Dawkins interacted with the small blue car and was shot; and14
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WHEREAS, police determined that Mr. Dawkins had been shot with a 9mm bullet; and
15
WHEREAS, on November 13, 2000, the Floyd County Police Department arrested Mr.16
Watkins on charges in relation to Mr. Dawkins's death; and17
WHEREAS, law enforcement learned of a dead, rotting dog found in a plastic bag in the18
graveyard about 15 feet from Mr. Dawkins's grave, and they collected and possessed the dog19
for another seven months before disclosing its existence to Mr. Watkins, the weekend before20
the trial; and21
WHEREAS, despite cell phone evidence of innocence and Mr. Watkins's consistent claims22
of innocence, the Floyd County District Attorney's Office prosecuted Mr. Watkins and23
inflamed the jury by arguing an unfounded theory of depravity: that Mr. Watkins had not24
only killed Mr. Dawkins, but also shot the grave dog in the head and dumped it near Mr.25
Dawkins's grave as a "signature" or "calling card"; and26
WHEREAS, following Mr. Watkins's attorney's demand at trial to know any and all evidence27
about the newly disclosed grave dog, the prosecutor and a Georgia Bureau of Investigation28
forensic analyst explained that the GBI analyst had with him an x-ray of the dog showing a29
bullet in the dog's head, but falsely said that no bullet had been extracted from the dog, no30
report had been created, and the State had no knowledge of the type of bullet used; and31
32
WHEREAS, jurors found the grave dog testimony extremely disturbing and compelling; and33
WHEREAS, during the trial, the main Rome newspaper inaccurately reported that police had34
determined, and the GBI analyst had testified at trial, that the grave dog was shot with a 9mm35
bullet, and the article also pointed out that Mr. Dawkins had been shot with a 9mm; and36
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WHEREAS, Mr. Watkins was convicted by a jury and sentenced to life imprisonment on
37
July 2, 2001; and38
WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a39
different jury; and40
WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other41
post-conviction relief; and42
WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned43
that during jury deliberations at Mr. Watkins's trial, one of the jurors had improperly44
conducted her own "drive test" related to the cell phone records, causing her to erroneously45
determine that Mr. Watkins could have been present at the crime scene, a determination46
which she then shared with other jurors; and47
WHEREAS, the Georgia Innocence Project also discovered that critical information had been48
suppressed and not disclosed to Mr. Watkins, namely, that contrary to the State's assertions,49
before trial a bullet was indeed extracted from the grave dog, determined to be a .22 caliber50
bullet (rather than a 9mm, the type of bullet used to shoot Mr. Dawkins) and that a forensic51
report and a chain of custody log were prepared documenting the same, and that the GBI52
analyst had even brought the extracted bullet to the courthouse on the day he testified; and53
WHEREAS, after discovering this evidence of misconduct, Mr. Watkins filed a second54
petition for habeas corpus alleging that juror misconduct and the misconduct of the Floyd55
County Police Department and the Georgia Bureau of Investigation led to an unfair trial and56
his conviction despite his innocence; and57
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WHEREAS, following a three-day evidentiary hearing in February and March, 2022, where
58
Mr. Watkins presented the evidence of misconduct, evidence suppression and Mr. Watkins's59
innocence, the state habeas court found that the GBI analyst gave false and misleading60
testimony at trial, that the State committed misconduct by failing to disclose exculpatory61
evidence, and the juror's error-filled "drive test" experiment resulted in a fundamentally62
unfair trial, all in violation of Mr. Watkins's constitutional rights, and thus the court granted63
the habeas corpus petition, overturning Mr. Watkins's convictions, and granting him a new64
trial; and 65
WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia66
affirmed the state habeas court's grant of relief to Mr. Watkins; and67
WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and released, but the68
charges against him remained pending and the State could have sought to retry him; and69
WHEREAS, on September 21, 2023, based on a review of all of the available evidence,70
including the evidence presented at trial and new investigations, the State moved for entry71
of an order of nolle prosequi, which the Superior Court of Floyd County granted, thereby72
dismissing all the charges and officially exonerating Mr. Watkins; and73
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages74
suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only75
fitting and proper that he be compensated for his losses in the amount of $75,000.00 for each76
year of wrongful imprisonment; and77
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WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for
78
compensating innocent individuals who have been exonerated following wrongful conviction79
and incarceration; and80
WHEREAS, this lack of a statutory regime for compensation requires introduction of a81
private resolution to secure such compensation in Georgia.82
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF83
GEORGIA that the Department of Administrative Services is authorized and directed to pay84
the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above. 85
Said sum shall be paid from funds appropriated to or available to the Department of86
Administrative Services and shall be paid subject to the provisions of this resolution. After87
an initial payment of $535,000.00, the remainder of said sum shall be paid immediately into88
a commercial annuity account bearing interest at the prevailing market rate, payable in equal89
monthly installments over ten years beginning in 2026 with interest payable to Mr. Joseph90
Samuel Watkins. The State of Georgia shall be entitled to a credit equal to the amount it91
pays under this resolution should Mr. Joseph Samuel Watkins recover damages as a result92
of a lawsuit against any state official or employee acting in an official capacity whose tort93
liability for wrongful conviction arises from the same circumstances as described herein, less94
any attorney's fees or costs Mr. Joseph Samuel Watkins paid in obtaining those damages. 95
Should Mr. Joseph Samuel Watkins recover damages totaling less than the amount the State96
of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial credit97
no greater than the amount of damages Mr. Joseph Samuel Watkins recovers less any98
attorney's fees or costs Mr. Joseph Samuel Watkins paid in obtaining those damages. Upon99
the death of Mr. Joseph Samuel Watkins, all payments and all obligations of the State of100
Georgia regarding any and all future payments with respect to the annuity shall continue to101
be made to his estate or heirs.102
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BE IT FURTHER RESOLVED that any amount received by Mr. Joseph Samuel Watkins
103
pursuant to this resolution shall be excluded from his taxable net income for state income tax104
purposes.105
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