25 LC 60 0059 House Resolution 130 By: Representative Crawford of the 89 th A RESOLUTION Compensating Mr. Sedrick Moore; and for other purposes. 1 WHEREAS, on the night of February 15, 1993, three men broke into a Colquitt County,2 Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and3 WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone4 White; and5 WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and6 Mr. Kerry Robinson as the two other perpetrators; and7 WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the8 incident and charged, along with Mr. Robinson, with rape and other offenses related to9 robbery and possession of a firearm; and10 WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange11 for his testimony against Mr. Moore and Mr. Robinson; and12 WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and13 H. R. 130 - 1 - 25 LC 60 0059 WHEREAS, at trial, despite giving several inconsistent statements to the police regarding 14 the incident, Mr. White's testimony was the primary evidence against Mr. Moore and Mr.15 Robinson; and16 WHEREAS, the only other evidence against Mr. Moore and Mr. Robinson was a statement17 from Mr. Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that18 night and testimony from a DNA expert that DNA from a sexual assault exam performed on19 the victim on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and20 WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three21 counts of possession of a firearm during the commission of a crime, one count of armed22 robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;23 and24 WHEREAS, both Mr. Moore and Mr. Robinson maintained their innocence and pursued25 appeals of their convictions; and26 WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing27 method and Mr. Robinson sought new DNA testing as further post-conviction relief; and28 WHEREAS, the new DNA testing revealed that testimony by the State's DNA expert29 regarding the DNA from the victim's sexual assault exam was incorrect and did not support30 a valid DNA match to Mr. Robinson or Mr. Moore; and31 WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion32 for New Trial (EMNT) and was ultimately exonerated on January 8, 2020, after the State33 declined to further prosecute his case; and34 H. R. 130 - 2 - 25 LC 60 0059 WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2023, a Colquitt 35 County Superior Court Judge granted Mr. Moore's EMNT, after finding, among other things,36 that the testimony of Mr. White and the victim "barely resembled each other"; Mr. Brown37 had picked Mr. Moore out of a photo lineup, but had indicated at that time that he was not38 sure that Mr. Moore was the same person he had seen; and both the State and Mr. Moore had39 agreed that the DNA expert's testimony and results produced at trial were wrong and should40 not be considered; and41 WHEREAS, on August 28, 2023, the State moved for entry of an order of nolle prosequi,42 which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and43 officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the44 State of Georgia; and45 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages46 suffered by Mr. Moore occurred through no fault or negligence on his part, and it is only47 fitting, just, and proper that he be compensated for his losses.48 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF49 GEORGIA that the Department of Administrative Services is authorized and directed to pay50 the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above. Said51 sum shall be paid from funds appropriated to or available to the Department of52 Administrative Services and shall be paid subject to the provisions of this resolution. After53 an initial payment of $558,122.40, the remainder of said sum shall be paid immediately into54 a commercial annuity account bearing interest at the prevailing market rate, payable in equal55 monthly installments over ten years beginning in 2026 with interest payable to Mr. Sedrick56 Moore. The State of Georgia shall be entitled to a credit equal to the amount it pays under57 this resolution should Mr. Sedrick Moore recover damages as a result of a lawsuit against any58 H. R. 130 - 3 - 25 LC 60 0059 state official or employee acting in an official capacity whose tort liability for wrongful 59 conviction arises from the same circumstances as described herein, less any attorney's fees60 or costs Mr. Sedrick Moore paid in obtaining those damages. Should Mr. Sedrick Moore61 recover damages totaling less than the amount the State of Georgia pays under this62 resolution, the State of Georgia shall be entitled to a partial credit no greater than the amount63 of damages Mr. Sedrick Moore recovers, less any attorney's fees or costs Mr. Sedrick Moore64 paid in obtaining those damages. Upon the death of Mr. Sedrick Moore, all payments and65 all obligations of the State of Georgia regarding any and all future payments with respect to66 the annuity shall continue to be made to his estate or heirs.67 BE IT FURTHER RESOLVED that any amount received by Mr. Sedrick Moore pursuant68 to this resolution shall be excluded from his taxable net income for state income tax69 purposes.70 H. R. 130 - 4 -