| 5 | | - | Compensating individuals who have been exonerated following a wrongful conviction and1 |
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| 6 | | - | incarceration; and for other purposes.2 |
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| 7 | | - | PART I3 |
|---|
| 8 | | - | Compensating Mr. Joseph Samuel Watkins4 |
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| 9 | | - | WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward5 |
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| 10 | | - | Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting6 |
|---|
| 11 | | - | aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck7 |
|---|
| 12 | | - | veer over the median and opposite lanes and then crash; and8 |
|---|
| 13 | | - | WHEREAS, 20-year-old Mr. Isaac Dawkins was driving north in his truck on Highway 279 |
|---|
| 14 | | - | when he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the10 |
|---|
| 15 | | - | injuries he suffered; and11 |
|---|
| 16 | | - | WHEREAS, on the same evening of January 11, 2000, 18-year-old Mr. Joseph Samuel12 |
|---|
| 17 | | - | Watkins drove his white truck south from his home in Rome to the home of his girlfriend in13 |
|---|
| 18 | | - | Cedartown, making several calls on his cell phone and passing the scene of Mr. Dawkins's14 |
|---|
| 19 | | - | crash on the way; and15 |
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| 20 | | - | - 1 - LC 60 0127S |
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| 21 | | - | WHEREAS, Mr. Watkins's cell phone records and testimonial evidence regarding a shot dog16 |
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| 22 | | - | were introduced at trial; and17 |
|---|
| 23 | | - | WHEREAS, the prosecution and defense presented cell phone experts who agreed that there18 |
|---|
| 24 | | - | was no possibility that Mr. Watkins's cellphone was located at or near the scene at the time19 |
|---|
| 25 | | - | the shooter's blue car would have been located at the scene; and20 |
|---|
| 26 | | - | WHEREAS, on July 2, 2001, a Floyd County jury convicted Mr. Watkins for the murder of21 |
|---|
| 27 | | - | Mr. Dawkins; and22 |
|---|
| 28 | | - | WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a23 |
|---|
| 29 | | - | different jury; and24 |
|---|
| 30 | | - | WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other25 |
|---|
| 31 | | - | post-conviction relief; and26 |
|---|
| 32 | | - | WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned27 |
|---|
| 33 | | - | that during jury deliberations at Mr. Watkins's trial, one of the jurors had improperly28 |
|---|
| 34 | | - | conducted her own "drive test" related to the cell phone records, causing her to erroneously29 |
|---|
| 35 | | - | determine that Mr. Watkins could have been present at the crime scene, a determination30 |
|---|
| 36 | | - | which she then shared with other jurors; and31 |
|---|
| 37 | | - | WHEREAS, the Georgia Innocence Project discovered that although more than 15 years had32 |
|---|
| 38 | | - | passed, a former medical examiner for GBI had retained a personal autopsy log from the33 |
|---|
| 39 | | - | timeframe that he worked at the GBI, which included a previously unknown case number;34 |
|---|
| 40 | | - | and35 |
|---|
| 41 | | - | - 2 - LC 60 0127S |
|---|
| 42 | | - | WHEREAS, the new case number assisted GBI in providing documents that established that36 |
|---|
| 43 | | - | the bullet taken from the shot dog was of another caliber than the bullet used to shoot Mr.37 |
|---|
| 44 | | - | Dawkins; and38 |
|---|
| 45 | | - | WHEREAS, after discovering the evidence of the unauthorized juror drive test and the bullet,39 |
|---|
| 46 | | - | Mr. Watkins filed a second petition for habeas corpus; and40 |
|---|
| 47 | | - | WHEREAS, following a three-day evidentiary hearing in February and March, 2022, the41 |
|---|
| 48 | | - | state habeas court granted the habeas corpus petition, overturning Mr. Watkins's convictions,42 |
|---|
| 49 | | - | and granting him a new trial; and43 |
|---|
| 50 | | - | WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia44 |
|---|
| 51 | | - | affirmed the state habeas court's grant of relief to Mr. Watkins, holding that the habeas court45 |
|---|
| 52 | | - | did not err by concluding that Mr. Watkins showed that the juror's improper drive test during46 |
|---|
| 53 | | - | deliberations, conducted to see whether Mr. Watkins could have been physically present at47 |
|---|
| 54 | | - | the time and place Isaac Dawkins was shot, caused Mr. Watkins actual prejudice; and48 |
|---|
| 55 | | - | WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and released, but the49 |
|---|
| 56 | | - | charges against him remained pending and the State could have sought to retry him; and50 |
|---|
| 57 | | - | WHEREAS, on September 21, 2023, based on a review of all of the available evidence,51 |
|---|
| 58 | | - | including the evidence presented at trial and new investigations, the State moved for entry52 |
|---|
| 59 | | - | of an order of nolle prosequi, which the Superior Court of Floyd County granted, thereby53 |
|---|
| 60 | | - | dismissing all the charges and officially exonerating Mr. Watkins; and54 |
|---|
| 61 | | - | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages55 |
|---|
| 62 | | - | suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only56 |
|---|
| 63 | | - | - 3 - LC 60 0127S |
|---|
| 64 | | - | fitting and proper that he be compensated for his losses for each year of wrongful57 |
|---|
| 65 | | - | imprisonment; and58 |
|---|
| 66 | | - | WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for59 |
|---|
| 67 | | - | compensating innocent individuals who have been exonerated following wrongful conviction60 |
|---|
| 68 | | - | and incarceration; and61 |
|---|
| 69 | | - | WHEREAS, this lack of a statutory regime for compensation requires introduction of a62 |
|---|
| 70 | | - | resolution to secure such compensation in Georgia.63 |
|---|
| 71 | | - | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF64 |
|---|
| 72 | | - | GEORGIA that the Department of Administrative Services is authorized and directed to pay65 |
|---|
| 73 | | - | the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above. 66 |
|---|
| 74 | | - | Said sum shall be paid from funds appropriated to or available to the Department of67 |
|---|
| 75 | | - | Administrative Services and shall be in full and complete satisfaction of all claims against68 |
|---|
| 76 | | - | the state arising out of or related to any and all facts in connection with Mr. Watkins's69 |
|---|
| 77 | | - | wrongful conviction and incarceration and shall be paid subject to the provisions of this70 |
|---|
| 78 | | - | resolution.71 |
|---|
| 79 | | - | BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Watkins72 |
|---|
| 80 | | - | shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge73 |
|---|
| 81 | | - | any and all claims, demands, actions, causes of action, and damages, of every kind and nature74 |
|---|
| 82 | | - | whatsoever, past, present, or future, whether known or unknown, specifically including, but75 |
|---|
| 83 | | - | not limited to, all claims asserted or which could have been asserted, on behalf of himself and76 |
|---|
| 84 | | - | his heirs, successors, and assigns, forever releasing the state and all offices, authorities,77 |
|---|
| 85 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,78 |
|---|
| 86 | | - | commissions, boards, branches, and entities of the State of Georgia or any political79 |
|---|
| 87 | | - | - 4 - LC 60 0127S |
|---|
| 88 | | - | subdivisions thereof, and any and all current and former members, officers, employees, and80 |
|---|
| 89 | | - | agents of the state, or any branch or political subdivisions thereof, from all past, present, or81 |
|---|
| 90 | | - | future claims that Mr. Watkins or his heirs, successors, and assigns may have against such82 |
|---|
| 91 | | - | individuals or entities in any capacity arising out of or related to any and all facts in83 |
|---|
| 92 | | - | connection with his wrongful conviction and incarceration.84 |
|---|
| 93 | | - | BE IT FURTHER RESOLVED that Mr. Watkins shall not be authorized to receive85 |
|---|
| 94 | | - | compensation pursuant to this resolution if he has a lawsuit pending against the state or any86 |
|---|
| 95 | | - | offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,87 |
|---|
| 96 | | - | institutions, commissions, boards, branches, or entities of the State of Georgia or any88 |
|---|
| 97 | | - | political subdivisions thereof, or against any current and former members, officers,89 |
|---|
| 98 | | - | employees, or agents of the state or any branch or political subdivisions thereof in state or90 |
|---|
| 99 | | - | federal court requesting compensation arising out of or related to any and all facts in91 |
|---|
| 100 | | - | connection to his wrongful conviction and incarceration.92 |
|---|
| 101 | | - | BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal93 |
|---|
| 102 | | - | monthly installments over a ten-year period of time beginning one year after an initial lump94 |
|---|
| 103 | | - | sum payment of $535,000.00. The remainder of said sum shall be paid immediately into a95 |
|---|
| 104 | | - | commercial annuity account bearing interest at the prevailing market rate, payable in equal96 |
|---|
| 105 | | - | monthly installments over a ten-year period of time beginning in 2026 with interest payable97 |
|---|
| 106 | | - | to Mr. Watkins. Compensation paid pursuant to this resolution is intended to provide the98 |
|---|
| 107 | | - | sole, final, and exclusive compensation by the state and any and all offices, authorities,99 |
|---|
| 108 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,100 |
|---|
| 109 | | - | commissions, boards, branches, and entities of the state, and any political subdivisions101 |
|---|
| 110 | | - | thereof, and any and all current and former members, officers, employees, or agents of the102 |
|---|
| 111 | | - | State of Georgia or any branches or political subdivisions thereof, for any and all present and103 |
|---|
| 112 | | - | future claims arising out of or related to any and all facts in connection with Mr. Watkins's104 |
|---|
| 113 | | - | - 5 - LC 60 0127S |
|---|
| 114 | | - | wrongful conviction and incarceration. No estate of or personal representative for Mr.105 |
|---|
| 115 | | - | Watkins shall be entitled to requisition or otherwise seek compensation on behalf of Mr.106 |
|---|
| 116 | | - | Watkins. Upon the death of Mr. Watkins, all payments and all obligations of the State of107 |
|---|
| 117 | | - | Georgia with respect to any and all future payments with respect to the annuity shall continue108 |
|---|
| 118 | | - | to be made to his estate or heirs.109 |
|---|
| 119 | | - | BE IT FURTHER RESOLVED that any amount received by Mr. Watkins pursuant to this110 |
|---|
| 120 | | - | resolution shall be excluded from his taxable net income for state income tax purposes.111 |
|---|
| 121 | | - | PART II112 |
|---|
| 122 | | - | Compensating Mr. Daryl Lee Clark113 |
|---|
| 123 | | - | WHEREAS, on October 18, 1996, fifteen-year-old Mr. Brian Bowling tragically lost his life114 |
|---|
| 124 | | - | while playing "Russian Roulette" with his friend, seventeen-year-old Mr. Cain Joshua Storey,115 |
|---|
| 125 | | - | in the bedroom of Mr. Brian Bowling's home in Floyd County, Georgia; and116 |
|---|
| 126 | | - | WHEREAS, several months later, seventeen-year-old Mr. Daryl Lee Clark, an acquaintance117 |
|---|
| 127 | | - | of Mr. Brian Bowling, was arrested, and both he and Mr. Storey were charged with the118 |
|---|
| 128 | | - | murder and conspiracy to commit the murder of Mr. Bowling; and119 |
|---|
| 129 | | - | WHEREAS, one of the State's two key witnesses was Ms. Angela Bruce, who claimed that120 |
|---|
| 130 | | - | during a party at her home after Mr. Bowling's death, she heard Mr. Storey say he had shot121 |
|---|
| 131 | | - | and killed Mr. Bowling, and heard Mr. Clark say he was present at the time of the shooting;122 |
|---|
| 132 | | - | and123 |
|---|
| 133 | | - | WHEREAS, the second of the State's two key witnesses was Mr. Charlie Childers, a124 |
|---|
| 134 | | - | functionally illiterate and severely hearing and speech impaired man with limited and unique125 |
|---|
| 135 | | - | - 6 - LC 60 0127S |
|---|
| 136 | | - | sign language skills, who testified that he had seen a person named "Daryl" flee from Mr.126 |
|---|
| 137 | | - | Bowling's yard immediately after the shooting and identified Mr. Clark in a police photo127 |
|---|
| 138 | | - | lineup; and128 |
|---|
| 139 | | - | WHEREAS, on January 19, 1998, Mr. Clark and Mr. Storey were both convicted of murder129 |
|---|
| 140 | | - | and conspiracy to commit murder and sentenced to life imprisonment; and130 |
|---|
| 141 | | - | WHEREAS, in late 2021, Ms. Bruce admitted for the first time to reporters and the Georgia131 |
|---|
| 142 | | - | Innocence Project that her incriminating testimony concerning Mr. Clark's and Mr. Storey's132 |
|---|
| 143 | | - | admissions was false; and133 |
|---|
| 144 | | - | WHEREAS, the independent investigation further established for the first time that Mr.134 |
|---|
| 145 | | - | Childers's translator at Mr. Clark's trial later questioned the accuracy of her own translation135 |
|---|
| 146 | | - | of Mr. Childers's testimony, and regretted providing the translation at trial, because Mr.136 |
|---|
| 147 | | - | Childers's manner of communication was not standard American Sign Language ("ASL"),137 |
|---|
| 148 | | - | but instead a communication method unique to Mr. Childers and his former teacher (an ASL138 |
|---|
| 149 | | - | expert who knew and understood Mr. Childers's unique communication method, having139 |
|---|
| 150 | | - | worked with him from the time he has been a child); and140 |
|---|
| 151 | | - | WHEREAS, through interpretation by a new translator (his former teacher) in 2021, Mr.141 |
|---|
| 152 | | - | Childers indicated that testimony given by him over 20 years earlier had not been accurately142 |
|---|
| 153 | | - | interpreted to the jury; and143 |
|---|
| 154 | | - | WHEREAS, on September 16, 2022, Georgia Innocence Project lawyers filed an144 |
|---|
| 155 | | - | Extraordinary Motion for New Trial (EMNT) and a petition for a writ of habeas corpus; and145 |
|---|
| 156 | | - | - 7 - LC 60 0127S |
|---|
| 157 | | - | WHEREAS, on December 8, 2022, Mr. Clark's convictions were overturned and vacated by146 |
|---|
| 158 | | - | the Superior Court of Floyd County; and147 |
|---|
| 159 | | - | WHEREAS, on that same date, the District Attorney's Office for the Rome Judicial Circuit148 |
|---|
| 160 | | - | sought, and a Floyd County Superior Court Judge granted, dismissal of all charges against149 |
|---|
| 161 | | - | Mr. Clark based upon evidentiary considerations; and150 |
|---|
| 162 | | - | WHEREAS, after more than twenty-five years of wrongful imprisonment by the State of151 |
|---|
| 163 | | - | Georgia, Mr. Clark was finally exonerated and freed from his incarceration on December 8,152 |
|---|
| 164 | | - | 2022; and153 |
|---|
| 165 | | - | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages154 |
|---|
| 166 | | - | suffered by Mr. Clark occurred through no fault or negligence on his part, and it is only155 |
|---|
| 167 | | - | fitting, just, and proper that he be compensated for his losses for each year of wrongful156 |
|---|
| 168 | | - | imprisonment; and157 |
|---|
| 169 | | - | WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for158 |
|---|
| 170 | | - | compensating innocent individuals who have been exonerated following wrongful conviction159 |
|---|
| 171 | | - | and incarceration; and160 |
|---|
| 172 | | - | WHEREAS, this lack of a statutory regime for compensation requires introduction of a161 |
|---|
| 173 | | - | resolution to secure such compensation in Georgia.162 |
|---|
| 174 | | - | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF163 |
|---|
| 175 | | - | GEORGIA that the Department of Administrative Services is authorized and directed to pay164 |
|---|
| 176 | | - | the sum of $1,917,128.00 to Mr. Daryl Lee Clark as compensation as provided above. Said165 |
|---|
| 177 | | - | sum shall be paid from funds appropriated to or available to the Department of166 |
|---|
| 178 | | - | - 8 - LC 60 0127S |
|---|
| 179 | | - | Administrative Services and shall be in full and complete satisfaction of all claims against167 |
|---|
| 180 | | - | the state arising out of or related to any and all facts in connection with Mr. Clark's wrongful168 |
|---|
| 181 | | - | conviction and incarceration and shall be paid subject to the provisions of this resolution.169 |
|---|
| 182 | | - | BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Clark170 |
|---|
| 183 | | - | shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge171 |
|---|
| 184 | | - | any and all claims, demands, actions, causes of action, and damages, of every kind and nature172 |
|---|
| 185 | | - | whatsoever, past, present, or future, whether known or unknown, specifically including, but173 |
|---|
| 186 | | - | not limited to, all claims asserted or which could have been asserted, on behalf of himself and174 |
|---|
| 187 | | - | his heirs, successors, and assigns, forever releasing the state and all offices, authorities,175 |
|---|
| 188 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,176 |
|---|
| 189 | | - | commissions, boards, branches, and entities of the State of Georgia or any political177 |
|---|
| 190 | | - | subdivisions thereof, and any and all current and former members, officers, employees, and178 |
|---|
| 191 | | - | agents of the state, or any branch or political subdivisions thereof, from all past, present, or179 |
|---|
| 192 | | - | future claims that Mr. Clark or his heirs, successors, and assigns may have against such180 |
|---|
| 193 | | - | individuals or entities in any capacity arising out of or related to any and all facts in181 |
|---|
| 194 | | - | connection with his wrongful conviction and incarceration.182 |
|---|
| 195 | | - | BE IT FURTHER RESOLVED that Mr. Clark shall not be authorized to receive183 |
|---|
| 196 | | - | compensation pursuant to this resolution if he has a lawsuit pending against the state or any184 |
|---|
| 197 | | - | offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,185 |
|---|
| 198 | | - | institutions, commissions, boards, branches, or entities of the State of Georgia or any186 |
|---|
| 199 | | - | political subdivisions thereof, or against any current and former members, officers,187 |
|---|
| 200 | | - | employees, or agents of the state or any branch or political subdivisions thereof in state or188 |
|---|
| 201 | | - | federal court requesting compensation arising out of or related to any and all facts in189 |
|---|
| 202 | | - | connection to his wrongful conviction and incarceration.190 |
|---|
| 203 | | - | - 9 - LC 60 0127S |
|---|
| 204 | | - | BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal191 |
|---|
| 205 | | - | monthly installments over a ten-year period of time beginning one year after an initial lump192 |
|---|
| 206 | | - | sum payment of $632,652.00. The remainder of said sum shall be paid immediately into a193 |
|---|
| 207 | | - | commercial annuity account bearing interest at the prevailing market rate, payable in equal194 |
|---|
| 208 | | - | monthly installments over a ten-year period of time beginning in 2026 with interest payable195 |
|---|
| 209 | | - | to Mr. Clark. Compensation paid pursuant to this resolution is intended to provide the sole,196 |
|---|
| 210 | | - | final, and exclusive compensation by the state and any and all offices, authorities, agencies,197 |
|---|
| 211 | | - | departments, units, divisions, subdivisions, instrumentalities, institutions, commissions,198 |
|---|
| 212 | | - | boards, branches, and entities of the state, and any political subdivisions thereof, and any and199 |
|---|
| 213 | | - | all current and former members, officers, employees, or agents of the State of Georgia or any200 |
|---|
| 214 | | - | branches or political subdivisions thereof, for any and all present and future claims arising201 |
|---|
| 215 | | - | out of or related to any and all facts in connection with Mr. Clark's wrongful conviction and202 |
|---|
| 216 | | - | incarceration. No estate of or personal representative for Mr. Clark shall be entitled to203 |
|---|
| 217 | | - | requisition or otherwise seek compensation on behalf of Mr. Clark. Upon the death of Mr.204 |
|---|
| 218 | | - | Clark, all payments and all obligations of the State of Georgia with respect to any and all205 |
|---|
| 219 | | - | future payments with respect to the annuity shall continue to be made to his estate or heirs.206 |
|---|
| 220 | | - | BE IT FURTHER RESOLVED that any amount received by Mr. Clark pursuant to this207 |
|---|
| 221 | | - | resolution shall be excluded from his taxable net income for state income tax purposes.208 |
|---|
| 222 | | - | PART III209 |
|---|
| 223 | | - | Compensating Mr. Michael Woolfolk210 |
|---|
| 224 | | - | WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario211 |
|---|
| 225 | | - | Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and212 |
|---|
| 226 | | - | WHEREAS, Mr. Woolfolk consistently maintained a claim of self-defense; and213 |
|---|
| 227 | | - | - 10 - LC 60 0127S |
|---|
| 228 | | - | WHEREAS, a witness present at the scene, Mr. Jamario Ford, was presumed dead and could214 |
|---|
| 229 | | - | not be located for trial; and215 |
|---|
| 230 | | - | WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New216 |
|---|
| 231 | | - | Trial, based on newly discovered evidence, as the witness, Mr. Ford, was located; and217 |
|---|
| 232 | | - | WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying218 |
|---|
| 233 | | - | Mr. Stinchcomb's motion; and219 |
|---|
| 234 | | - | WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed220 |
|---|
| 235 | | - | in the Georgia Supreme Court; and221 |
|---|
| 236 | | - | WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing222 |
|---|
| 237 | | - | be held to allow the witness, Mr. Jamario Ford, to testify; and223 |
|---|
| 238 | | - | WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit224 |
|---|
| 239 | | - | reinvestigated the case and concluded that the witness, Mr. Ford, was clear in his testimony225 |
|---|
| 240 | | - | that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire in226 |
|---|
| 241 | | - | self-defense; and227 |
|---|
| 242 | | - | WHEREAS, on April 12, 2021, Superior Court Judge Shukura Millender ordered the case228 |
|---|
| 243 | | - | against Mr. Stinchcomb dismissed; and229 |
|---|
| 244 | | - | WHEREAS, May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and dismissed;230 |
|---|
| 245 | | - | and231 |
|---|
| 246 | | - | - 11 - LC 60 0127S |
|---|
| 247 | | - | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages232 |
|---|
| 248 | | - | suffered by Mr. Woolfolk occurred through no fault or negligence on his part, and it is only233 |
|---|
| 249 | | - | fitting and proper that he be compensated for his losses for each year of wrongful234 |
|---|
| 250 | | - | imprisonment; and235 |
|---|
| 251 | | - | WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for236 |
|---|
| 252 | | - | compensating innocent individuals who have been exonerated following a wrongful237 |
|---|
| 253 | | - | conviction and incarceration; and238 |
|---|
| 254 | | - | WHEREAS, this lack of a statutory regime for compensation requires introduction of a239 |
|---|
| 255 | | - | resolution to secure such compensation in Georgia.240 |
|---|
| 256 | | - | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF241 |
|---|
| 257 | | - | GEORGIA that the Department of Administrative Services is authorized and directed to pay242 |
|---|
| 258 | | - | the sum of $1,350,000.00 to Mr. Michael Woolfolk as compensation as provided above. 243 |
|---|
| 259 | | - | Said sum shall be paid from funds appropriated to or available to the Department of244 |
|---|
| 260 | | - | Administrative Services and shall be in full and complete satisfaction of all claims against245 |
|---|
| 261 | | - | the state arising out of or related to any and all facts in connection with Mr. Woolfolk's246 |
|---|
| 262 | | - | wrongful conviction and incarceration and shall be paid subject to the provisions of this247 |
|---|
| 263 | | - | resolution.248 |
|---|
| 264 | | - | BE IT FUTHER RESOLVED that, prior to the payment of the compensation, Mr. Woolfolk249 |
|---|
| 265 | | - | shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge250 |
|---|
| 266 | | - | any and all claims, demands, actions, causes of action, and damages, of every kind and nature251 |
|---|
| 267 | | - | whatsoever, past, present, or future, whether known or unknown, specifically including, but252 |
|---|
| 268 | | - | not limited to, all claims asserted or which could have been asserted, on behalf of himself and253 |
|---|
| 269 | | - | his heirs, successors, and assigns, forever releasing the state and all offices, authorities,254 |
|---|
| 270 | | - | - 12 - LC 60 0127S |
|---|
| 271 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,255 |
|---|
| 272 | | - | commissions, boards, branches, and entities of the State of Georgia or any political256 |
|---|
| 273 | | - | subdivisions thereof, and any and all current and former members, officers, employees, and257 |
|---|
| 274 | | - | agents of the state, or any branch or political subdivisions thereof, from all past, present, or258 |
|---|
| 275 | | - | future claims that Mr. Woolfolk or his heirs, successors, and assigns may have against such259 |
|---|
| 276 | | - | individuals or entities in any capacity arising out of or related to any and all facts in260 |
|---|
| 277 | | - | connection with his wrongful conviction and incarceration.261 |
|---|
| 278 | | - | BE IT FURTHER RESOLVED that Mr. Woolfolk shall not be authorized to receive262 |
|---|
| 279 | | - | compensation pursuant to this resolution if he has a lawsuit pending against the state or any263 |
|---|
| 280 | | - | offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,264 |
|---|
| 281 | | - | institutions, commissions, boards, branches, or entities of the State of Georgia or any265 |
|---|
| 282 | | - | political subdivisions thereof, or against any current and former members, officers,266 |
|---|
| 283 | | - | employees, or agents of the state or any branch or political subdivisions thereof in state or267 |
|---|
| 284 | | - | federal court requesting compensation arising out of or related to any and all facts in268 |
|---|
| 285 | | - | connection to his wrongful conviction and incarceration.269 |
|---|
| 286 | | - | BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal270 |
|---|
| 287 | | - | monthly installments over a ten-year period of time beginning one year after an initial lump271 |
|---|
| 288 | | - | sum payment of $445,500.00. The remainder of said sum shall be paid immediately into a272 |
|---|
| 289 | | - | commercial annuity account bearing interest at the prevailing market rate, payable in equal273 |
|---|
| 290 | | - | monthly installments over a ten-year period of time beginning in 2026 with interest payable274 |
|---|
| 291 | | - | to Mr. Woolfolk. Compensation paid pursuant to this resolution is intended to provide the275 |
|---|
| 292 | | - | sole, final, and exclusive compensation by the state and any and all offices, authorities,276 |
|---|
| 293 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,277 |
|---|
| 294 | | - | commissions, boards, branches, and entities of the state, and any political subdivisions278 |
|---|
| 295 | | - | thereof, and any and all current and former members, officers, employees, or agents of the279 |
|---|
| 296 | | - | - 13 - LC 60 0127S |
|---|
| 297 | | - | State of Georgia or any branches or political subdivisions thereof, for any and all present and280 |
|---|
| 298 | | - | future claims arising out of or related to any and all facts in connection with Mr. Woolfolk's281 |
|---|
| 299 | | - | wrongful conviction and incarceration. No estate of or personal representative for Mr.282 |
|---|
| 300 | | - | Woolfolk shall be entitled to requisition or otherwise seek compensation on behalf of the Mr.283 |
|---|
| 301 | | - | Woolfolk. Upon the death of Mr. Woolfolk, all payments and all obligations of the State of284 |
|---|
| 302 | | - | Georgia with respect to any and all future payments with respect to the annuity shall continue285 |
|---|
| 303 | | - | to be made to his estate or heirs.286 |
|---|
| 304 | | - | BE IT FURTHER RESOLVED that any amount received by Mr. Woolfolk pursuant to this287 |
|---|
| 305 | | - | resolution shall be excluded from his taxable net income for state income tax purposes.288 |
|---|
| 306 | | - | PART IV289 |
|---|
| 307 | | - | Compensating Mr. Mario Stinchcomb290 |
|---|
| 308 | | - | WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario291 |
|---|
| 309 | | - | Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and292 |
|---|
| 310 | | - | WHEREAS, Mr. Stinchcomb consistently maintained a claim of self-defense; and293 |
|---|
| 311 | | - | WHEREAS, a witness present to the scene, Mr. Jamario Ford, was presumed dead and could294 |
|---|
| 312 | | - | not be located for trial; and295 |
|---|
| 313 | | - | WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New296 |
|---|
| 314 | | - | Trial, based upon newly discovered evidence, as the witness, Mr. Ford, was located; and297 |
|---|
| 315 | | - | WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying298 |
|---|
| 316 | | - | Mr. Stinchcomb's motion; and299 |
|---|
| 317 | | - | - 14 - LC 60 0127S |
|---|
| 318 | | - | WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed300 |
|---|
| 319 | | - | in the Georgia Supreme Court; and301 |
|---|
| 320 | | - | WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing302 |
|---|
| 321 | | - | be held to allow the witness, Mr. Jamario Ford, to testify; and303 |
|---|
| 322 | | - | WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit304 |
|---|
| 323 | | - | reinvestigated the case and concluded that the witness, Mr. Jamario Ford, was clear in his305 |
|---|
| 324 | | - | testimony that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire306 |
|---|
| 325 | | - | in self-defense; and307 |
|---|
| 326 | | - | WHEREAS, on April 12, 2021, Superior Court Judge Shukura Miller ordered the case308 |
|---|
| 327 | | - | against Mr. Stinchcomb dismissed; and309 |
|---|
| 328 | | - | WHEREAS, on May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and310 |
|---|
| 329 | | - | dismissed; and311 |
|---|
| 330 | | - | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages312 |
|---|
| 331 | | - | suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is313 |
|---|
| 332 | | - | only fitting and proper that he be compensated for his losses for each year of wrongful314 |
|---|
| 333 | | - | imprisonment; and315 |
|---|
| 334 | | - | WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for316 |
|---|
| 335 | | - | compensating innocent individuals who have been exonerated following a wrongful317 |
|---|
| 336 | | - | conviction and incarceration; and318 |
|---|
| 337 | | - | - 15 - LC 60 0127S |
|---|
| 338 | | - | WHEREAS, this lack of a statutory regime for compensation requires introduction of a319 |
|---|
| 339 | | - | resolution to secure such compensation in Georgia.320 |
|---|
| 340 | | - | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF321 |
|---|
| 341 | | - | GEORGIA that the Department of Administrative Services is authorized and directed to pay322 |
|---|
| 342 | | - | the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said323 |
|---|
| 343 | | - | sum shall be paid from funds appropriated to or available to the Department of324 |
|---|
| 344 | | - | Administrative Services and shall be in full and complete satisfaction of all claims against325 |
|---|
| 345 | | - | the state arising out of or related to any and all facts in connection with Mr. Stinchcomb's326 |
|---|
| 346 | | - | wrongful conviction and incarceration and shall be paid subject to the provisions of this327 |
|---|
| 347 | | - | resolution.328 |
|---|
| 348 | | - | BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr.329 |
|---|
| 349 | | - | Stinchcomb shall sign a release and waiver which shall release, satisfy, quitclaim, and330 |
|---|
| 350 | | - | forever discharge any and all claims, demands, actions, causes of action, and damages, of331 |
|---|
| 351 | | - | every kind and nature whatsoever, past, present, or future, whether known or unknown,332 |
|---|
| 352 | | - | specifically including, but not limited to, all claims asserted or which could have been333 |
|---|
| 353 | | - | asserted, on behalf of himself and his heirs, successors, and assigns, forever releasing the334 |
|---|
| 354 | | - | state and all offices, authorities, agencies, departments, units, divisions, subdivisions,335 |
|---|
| 355 | | - | instrumentalities, institutions, commissions, boards, branches, and entities of the State of336 |
|---|
| 356 | | - | Georgia or any political subdivisions thereof, and any and all current and former members,337 |
|---|
| 357 | | - | officers, employees, and agents of the state, or any branch or political subdivisions thereof,338 |
|---|
| 358 | | - | from all past, present, or future claims that Mr. Stinchcomb or his heirs, successors, and339 |
|---|
| 359 | | - | assigns may have against such individuals or entities in any capacity arising out of or related340 |
|---|
| 360 | | - | to any and all facts in connection with his wrongful conviction and incarceration.341 |
|---|
| 361 | | - | - 16 - LC 60 0127S |
|---|
| 362 | | - | BE IT FURTHER RESOLVED that Mr. Stinchcomb shall not be authorized to receive342 |
|---|
| 363 | | - | compensation pursuant to this resolution if he has a lawsuit pending against the state or any343 |
|---|
| 364 | | - | offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,344 |
|---|
| 365 | | - | institutions, commissions, boards, branches, or entities of the State of Georgia or any345 |
|---|
| 366 | | - | political subdivisions thereof, or against any current and former members, officers,346 |
|---|
| 367 | | - | employees, or agents of the state or any branch or political subdivisions thereof in state or347 |
|---|
| 368 | | - | federal court requesting compensation arising out of or related to any and all facts in348 |
|---|
| 369 | | - | connection to his wrongful conviction and incarceration.349 |
|---|
| 370 | | - | BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal350 |
|---|
| 371 | | - | monthly installments over a ten-year year period of time beginning one year after an initial351 |
|---|
| 372 | | - | lump sum payment of $321,750.00. The remainder of said sum shall be paid immediately352 |
|---|
| 373 | | - | into a commercial annuity account bearing interest at the prevailing market rate, payable in353 |
|---|
| 374 | | - | equal monthly installments over a ten-year period of time beginning in 2026 with interest354 |
|---|
| 375 | | - | payable to Mr. Stinchcomb. Compensation paid pursuant to this resolution is intended to355 |
|---|
| 376 | | - | provide the sole, final, and exclusive compensation by the state and any and all offices,356 |
|---|
| 377 | | - | authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,357 |
|---|
| 378 | | - | institutions, commissions, boards, branches, and entities of the state, and any political358 |
|---|
| 379 | | - | subdivisions thereof, and any and all current and former members, officers, employees, or359 |
|---|
| 380 | | - | agents of the State of Georgia or any branches or political subdivisions thereof, for any and360 |
|---|
| 381 | | - | all present and future claims arising out of or related to any and all facts in connection with361 |
|---|
| 382 | | - | Mr. Stinchcomb's wrongful conviction and incarceration. No estate of or personal362 |
|---|
| 383 | | - | representative for Mr. Stinchcomb shall be entitled to requisition or otherwise seek363 |
|---|
| 384 | | - | compensation on behalf of Mr. Stinchcomb. Upon the death of Mr. Stinchcomb, all364 |
|---|
| 385 | | - | payments and all obligations of the State of Georgia with respect to any and all future365 |
|---|
| 386 | | - | payments with respect to the annuity shall continue to be made to his estate or heirs.366 |
|---|
| 387 | | - | - 17 - LC 60 0127S |
|---|
| 388 | | - | BE IT FURTHER RESOLVED that any amount received by Mr. Stinchcomb pursuant to this367 |
|---|
| 389 | | - | resolution shall be excluded from his taxable net income for state income tax purposes.368 |
|---|
| 390 | | - | PART V369 |
|---|
| 391 | | - | Compensating Mr. Sedrick Moore370 |
|---|
| 392 | | - | WHEREAS, on the night of February 15, 1993, three men broke into a Colquitt County,371 |
|---|
| 393 | | - | Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and372 |
|---|
| 394 | | - | WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone373 |
|---|
| 395 | | - | White; and374 |
|---|
| 396 | | - | WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and375 |
|---|
| 397 | | - | Mr. Kerry Robinson as the two other perpetrators; and376 |
|---|
| 398 | | - | WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the377 |
|---|
| 399 | | - | incident and charged, along with Mr. Robinson, with rape and other offenses related to378 |
|---|
| 400 | | - | robbery and possession of a firearm; and379 |
|---|
| 401 | | - | WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange380 |
|---|
| 402 | | - | for his testimony against Mr. Moore and Mr. Robinson; and381 |
|---|
| 403 | | - | WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and382 |
|---|
| 404 | | - | WHEREAS, other evidence against Mr. Moore and Mr. Robinson was a statement from Mr.383 |
|---|
| 405 | | - | Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that night and384 |
|---|
| 406 | | - | - 18 - LC 60 0127S |
|---|
| 407 | | - | testimony from a DNA expert that DNA from a sexual assault exam performed on the victim385 |
|---|
| 408 | | - | on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and386 |
|---|
| 409 | | - | WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three387 |
|---|
| 410 | | - | counts of possession of a firearm during the commission of a crime, one count of armed388 |
|---|
| 411 | | - | robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;389 |
|---|
| 412 | | - | and390 |
|---|
| 413 | | - | WHEREAS, both Mr. Moore and Mr. Robinson maintained their innocence and pursued391 |
|---|
| 414 | | - | appeals of their convictions; and392 |
|---|
| 415 | | - | WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing393 |
|---|
| 416 | | - | method and Mr. Robinson sought new DNA testing as further post-conviction relief; and394 |
|---|
| 417 | | - | WHEREAS, the new DNA testing did not support a valid DNA match to Mr. Robinson or395 |
|---|
| 418 | | - | Mr. Moore; and396 |
|---|
| 419 | | - | WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion397 |
|---|
| 420 | | - | for New Trial (EMNT) and was ultimately exonerated on January 8, 2020, after the State398 |
|---|
| 421 | | - | declined to further prosecute his case; and399 |
|---|
| 422 | | - | WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2023, a Colquitt400 |
|---|
| 423 | | - | County Superior Court Judge granted Mr. Moore's EMNT; and401 |
|---|
| 424 | | - | WHEREAS, on August 28, 2023, the State moved for entry of an order of nolle prosequi,402 |
|---|
| 425 | | - | which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and403 |
|---|
| 426 | | - | - 19 - LC 60 0127S |
|---|
| 427 | | - | officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the404 |
|---|
| 428 | | - | State of Georgia; and405 |
|---|
| 429 | | - | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages406 |
|---|
| 430 | | - | suffered by Mr. Moore occurred through no fault or negligence on his part, and it is only407 |
|---|
| 431 | | - | fitting, just, and proper that he be compensated for his losses for each year of wrongful408 |
|---|
| 432 | | - | imprisonment.409 |
|---|
| 433 | | - | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF410 |
|---|
| 434 | | - | GEORGIA that the Department of Administrative Services is authorized and directed to pay411 |
|---|
| 435 | | - | the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above. Said412 |
|---|
| 436 | | - | sum shall be paid from funds appropriated to or available to the Department of413 |
|---|
| 437 | | - | Administrative Services and shall be in full and complete satisfaction of all claims against414 |
|---|
| 438 | | - | the state arising out of or related to any and all facts in connection with Mr. Moore's415 |
|---|
| 439 | | - | wrongful conviction and incarceration and shall be paid subject to the provisions of this416 |
|---|
| 440 | | - | resolution.417 |
|---|
| 441 | | - | BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Moore418 |
|---|
| 442 | | - | shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge419 |
|---|
| 443 | | - | any and all claims, demands, actions, causes of action, and damages, of every kind and nature420 |
|---|
| 444 | | - | whatsoever, past, present, or future, whether known or unknown, specifically including, but421 |
|---|
| 445 | | - | not limited to, all claims asserted or which could have been asserted, on behalf of himself and422 |
|---|
| 446 | | - | his heirs, successors, and assigns, forever releasing the state and all offices, authorities,423 |
|---|
| 447 | | - | agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,424 |
|---|
| 448 | | - | commissions, boards, branches, and entities of the State of Georgia or any political425 |
|---|
| 449 | | - | subdivisions thereof, and any and all current and former members, officers, employees, and426 |
|---|
| 450 | | - | agents of the state, or any branch or political subdivisions thereof, from all past, present, or427 |
|---|
| 451 | | - | - 20 - LC 60 0127S |
|---|
| 452 | | - | future claims that Mr. Moore or his heirs, successors, and assigns may have against such428 |
|---|
| 453 | | - | individuals or entities in any capacity arising out of or related to any and all facts in429 |
|---|
| 454 | | - | connection with his wrongful conviction and incarceration.430 |
|---|
| 455 | | - | BE IT FURTHER RESOLVED that Mr. Moore shall not be authorized to receive431 |
|---|
| 456 | | - | compensation pursuant to this resolution if he has a lawsuit pending against the state or any432 |
|---|
| 457 | | - | offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,433 |
|---|
| 458 | | - | institutions, commissions, boards, branches, or entities of the State of Georgia or any434 |
|---|
| 459 | | - | political subdivisions thereof, or against any current and former members, officers,435 |
|---|
| 460 | | - | employees, or agents of the state or any branch or political subdivisions thereof in state or436 |
|---|
| 461 | | - | federal court requesting compensation arising out of or related to any and all facts in437 |
|---|
| 462 | | - | connection to his wrongful conviction and incarceration.438 |
|---|
| 463 | | - | BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal439 |
|---|
| 464 | | - | monthly installments over a ten-year period of time beginning one year after an initial lump440 |
|---|
| 465 | | - | sum payment of $558,122.40. The remainder of said sum shall be paid immediately into a441 |
|---|
| 466 | | - | commercial annuity account bearing interest at the prevailing market rate, payable in equal442 |
|---|
| 467 | | - | monthly installments over a ten-year period of time beginning in 2026 with interest payable443 |
|---|
| 468 | | - | to Mr. Moore. Compensation paid pursuant to this resolution is intended to provide the sole,444 |
|---|
| 469 | | - | final, and exclusive compensation by the state and any and all offices, authorities, agencies,445 |
|---|
| 470 | | - | departments, units, divisions, subdivisions, instrumentalities, institutions, commissions,446 |
|---|
| 471 | | - | boards, branches, and entities of the state, and any political subdivisions thereof, and any and447 |
|---|
| 472 | | - | all current and former members, officers, employees, or agents of the State of Georgia or any448 |
|---|
| 473 | | - | branches or political subdivisions thereof, for any and all present and future claims arising449 |
|---|
| 474 | | - | out of or related to any and all facts in connection with Mr. Moore's wrongful conviction and450 |
|---|
| 475 | | - | incarceration. No estate of or personal representative for Mr. Moore shall be entitled to451 |
|---|
| 476 | | - | requisition or otherwise seek compensation on behalf of Mr. Moore. Upon the death of Mr.452 |
|---|
| 477 | | - | - 21 - LC 60 0127S |
|---|
| 478 | | - | Moore, all payments and all obligations of the State of Georgia with respect to any and all453 |
|---|
| 479 | | - | future payments with respect to the annuity shall continue to be made to his estate or heirs.454 |
|---|
| 480 | | - | BE IT FURTHER RESOLVED that any amount received by Mr. Moore pursuant to this455 |
|---|
| 481 | | - | resolution shall be excluded from his taxable net income for state income tax purposes.456 |
|---|
| 482 | | - | - 22 - |
|---|
| 11 | + | Compensating Mr. Joseph Samuel Watkins; and for other purposes. |
|---|
| 12 | + | 1 |
|---|
| 13 | + | WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward2 |
|---|
| 14 | + | Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting3 |
|---|
| 15 | + | aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck4 |
|---|
| 16 | + | veer over the median and opposite lanes and then crash; and5 |
|---|
| 17 | + | WHEREAS, 20-year-old Isaac Dawkins was driving north in his truck on Highway 27 when6 |
|---|
| 18 | + | he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the7 |
|---|
| 19 | + | injuries he suffered; and8 |
|---|
| 20 | + | WHEREAS, on the same evening of January 11, 2000, 18-year-old Joseph Watkins drove9 |
|---|
| 21 | + | his white truck south from his home in Rome to the home of his girlfriend in Cedartown,10 |
|---|
| 22 | + | undisputedly making several calls on his cell phone and passing the scene of Mr. Dawkins's11 |
|---|
| 23 | + | crash on the way; and12 |
|---|
| 24 | + | WHEREAS, cell phone records establish that Mr. Watkins could not have been at the crime13 |
|---|
| 25 | + | scene when Mr. Dawkins interacted with the small blue car and was shot; and14 |
|---|
| 26 | + | H. R. 128 |
|---|
| 27 | + | - 1 - 25 LC 60 0051 |
|---|
| 28 | + | WHEREAS, police determined that Mr. Dawkins had been shot with a 9mm bullet; and |
|---|
| 29 | + | 15 |
|---|
| 30 | + | WHEREAS, on November 13, 2000, the Floyd County Police Department arrested Mr.16 |
|---|
| 31 | + | Watkins on charges in relation to Mr. Dawkins's death; and17 |
|---|
| 32 | + | WHEREAS, law enforcement learned of a dead, rotting dog found in a plastic bag in the18 |
|---|
| 33 | + | graveyard about 15 feet from Mr. Dawkins's grave, and they collected and possessed the dog19 |
|---|
| 34 | + | for another seven months before disclosing its existence to Mr. Watkins, the weekend before20 |
|---|
| 35 | + | the trial; and21 |
|---|
| 36 | + | WHEREAS, despite cell phone evidence of innocence and Mr. Watkins's consistent claims22 |
|---|
| 37 | + | of innocence, the Floyd County District Attorney's Office prosecuted Mr. Watkins and23 |
|---|
| 38 | + | inflamed the jury by arguing an unfounded theory of depravity: that Mr. Watkins had not24 |
|---|
| 39 | + | only killed Mr. Dawkins, but also shot the grave dog in the head and dumped it near Mr.25 |
|---|
| 40 | + | Dawkins's grave as a "signature" or "calling card"; and26 |
|---|
| 41 | + | WHEREAS, following Mr. Watkins's attorney's demand at trial to know any and all evidence27 |
|---|
| 42 | + | about the newly disclosed grave dog, the prosecutor and a Georgia Bureau of Investigation28 |
|---|
| 43 | + | forensic analyst explained that the GBI analyst had with him an x-ray of the dog showing a29 |
|---|
| 44 | + | bullet in the dog's head, but falsely said that no bullet had been extracted from the dog, no30 |
|---|
| 45 | + | report had been created, and the State had no knowledge of the type of bullet used; and31 |
|---|
| 46 | + | 32 |
|---|
| 47 | + | WHEREAS, jurors found the grave dog testimony extremely disturbing and compelling; and33 |
|---|
| 48 | + | WHEREAS, during the trial, the main Rome newspaper inaccurately reported that police had34 |
|---|
| 49 | + | determined, and the GBI analyst had testified at trial, that the grave dog was shot with a 9mm35 |
|---|
| 50 | + | bullet, and the article also pointed out that Mr. Dawkins had been shot with a 9mm; and36 |
|---|
| 51 | + | H. R. 128 |
|---|
| 52 | + | - 2 - 25 LC 60 0051 |
|---|
| 53 | + | WHEREAS, Mr. Watkins was convicted by a jury and sentenced to life imprisonment on |
|---|
| 54 | + | 37 |
|---|
| 55 | + | July 2, 2001; and38 |
|---|
| 56 | + | WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a39 |
|---|
| 57 | + | different jury; and40 |
|---|
| 58 | + | WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other41 |
|---|
| 59 | + | post-conviction relief; and42 |
|---|
| 60 | + | WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned43 |
|---|
| 61 | + | that during jury deliberations at Mr. Watkins's trial, one of the jurors had improperly44 |
|---|
| 62 | + | conducted her own "drive test" related to the cell phone records, causing her to erroneously45 |
|---|
| 63 | + | determine that Mr. Watkins could have been present at the crime scene, a determination46 |
|---|
| 64 | + | which she then shared with other jurors; and47 |
|---|
| 65 | + | WHEREAS, the Georgia Innocence Project also discovered that critical information had been48 |
|---|
| 66 | + | suppressed and not disclosed to Mr. Watkins, namely, that contrary to the State's assertions,49 |
|---|
| 67 | + | before trial a bullet was indeed extracted from the grave dog, determined to be a .22 caliber50 |
|---|
| 68 | + | bullet (rather than a 9mm, the type of bullet used to shoot Mr. Dawkins) and that a forensic51 |
|---|
| 69 | + | report and a chain of custody log were prepared documenting the same, and that the GBI52 |
|---|
| 70 | + | analyst had even brought the extracted bullet to the courthouse on the day he testified; and53 |
|---|
| 71 | + | WHEREAS, after discovering this evidence of misconduct, Mr. Watkins filed a second54 |
|---|
| 72 | + | petition for habeas corpus alleging that juror misconduct and the misconduct of the Floyd55 |
|---|
| 73 | + | County Police Department and the Georgia Bureau of Investigation led to an unfair trial and56 |
|---|
| 74 | + | his conviction despite his innocence; and57 |
|---|
| 75 | + | H. R. 128 |
|---|
| 76 | + | - 3 - 25 LC 60 0051 |
|---|
| 77 | + | WHEREAS, following a three-day evidentiary hearing in February and March, 2022, where |
|---|
| 78 | + | 58 |
|---|
| 79 | + | Mr. Watkins presented the evidence of misconduct, evidence suppression and Mr. Watkins's59 |
|---|
| 80 | + | innocence, the state habeas court found that the GBI analyst gave false and misleading60 |
|---|
| 81 | + | testimony at trial, that the State committed misconduct by failing to disclose exculpatory61 |
|---|
| 82 | + | evidence, and the juror's error-filled "drive test" experiment resulted in a fundamentally62 |
|---|
| 83 | + | unfair trial, all in violation of Mr. Watkins's constitutional rights, and thus the court granted63 |
|---|
| 84 | + | the habeas corpus petition, overturning Mr. Watkins's convictions, and granting him a new64 |
|---|
| 85 | + | trial; and 65 |
|---|
| 86 | + | WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia66 |
|---|
| 87 | + | affirmed the state habeas court's grant of relief to Mr. Watkins; and67 |
|---|
| 88 | + | WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and released, but the68 |
|---|
| 89 | + | charges against him remained pending and the State could have sought to retry him; and69 |
|---|
| 90 | + | WHEREAS, on September 21, 2023, based on a review of all of the available evidence,70 |
|---|
| 91 | + | including the evidence presented at trial and new investigations, the State moved for entry71 |
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| 92 | + | of an order of nolle prosequi, which the Superior Court of Floyd County granted, thereby72 |
|---|
| 93 | + | dismissing all the charges and officially exonerating Mr. Watkins; and73 |
|---|
| 94 | + | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages74 |
|---|
| 95 | + | suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only75 |
|---|
| 96 | + | fitting and proper that he be compensated for his losses in the amount of $75,000.00 for each76 |
|---|
| 97 | + | year of wrongful imprisonment; and77 |
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| 98 | + | H. R. 128 |
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| 99 | + | - 4 - 25 LC 60 0051 |
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| 100 | + | WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for |
|---|
| 101 | + | 78 |
|---|
| 102 | + | compensating innocent individuals who have been exonerated following wrongful conviction79 |
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| 103 | + | and incarceration; and80 |
|---|
| 104 | + | WHEREAS, this lack of a statutory regime for compensation requires introduction of a81 |
|---|
| 105 | + | private resolution to secure such compensation in Georgia.82 |
|---|
| 106 | + | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF83 |
|---|
| 107 | + | GEORGIA that the Department of Administrative Services is authorized and directed to pay84 |
|---|
| 108 | + | the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above. 85 |
|---|
| 109 | + | Said sum shall be paid from funds appropriated to or available to the Department of86 |
|---|
| 110 | + | Administrative Services and shall be paid subject to the provisions of this resolution. After87 |
|---|
| 111 | + | an initial payment of $535,000.00, the remainder of said sum shall be paid immediately into88 |
|---|
| 112 | + | a commercial annuity account bearing interest at the prevailing market rate, payable in equal89 |
|---|
| 113 | + | monthly installments over ten years beginning in 2026 with interest payable to Mr. Joseph90 |
|---|
| 114 | + | Samuel Watkins. The State of Georgia shall be entitled to a credit equal to the amount it91 |
|---|
| 115 | + | pays under this resolution should Mr. Joseph Samuel Watkins recover damages as a result92 |
|---|
| 116 | + | of a lawsuit against any state official or employee acting in an official capacity whose tort93 |
|---|
| 117 | + | liability for wrongful conviction arises from the same circumstances as described herein, less94 |
|---|
| 118 | + | any attorney's fees or costs Mr. Joseph Samuel Watkins paid in obtaining those damages. 95 |
|---|
| 119 | + | Should Mr. Joseph Samuel Watkins recover damages totaling less than the amount the State96 |
|---|
| 120 | + | of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial credit97 |
|---|
| 121 | + | no greater than the amount of damages Mr. Joseph Samuel Watkins recovers less any98 |
|---|
| 122 | + | attorney's fees or costs Mr. Joseph Samuel Watkins paid in obtaining those damages. Upon99 |
|---|
| 123 | + | the death of Mr. Joseph Samuel Watkins, all payments and all obligations of the State of100 |
|---|
| 124 | + | Georgia regarding any and all future payments with respect to the annuity shall continue to101 |
|---|
| 125 | + | be made to his estate or heirs.102 |
|---|
| 126 | + | H. R. 128 |
|---|
| 127 | + | - 5 - 25 LC 60 0051 |
|---|
| 128 | + | BE IT FURTHER RESOLVED that any amount received by Mr. Joseph Samuel Watkins |
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| 129 | + | 103 |
|---|
| 130 | + | pursuant to this resolution shall be excluded from his taxable net income for state income tax104 |
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| 131 | + | purposes.105 |
|---|
| 132 | + | H. R. 128 |
|---|
| 133 | + | - 6 - |
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