HR128: HR128 Watkins, Mr. Joseph Samuel; compensate

25 LC 60 0129S House Resolution 128 (RULES COMMITTEE SUBSTITUTE) By: Representatives Dempsey of the 13th, Barton of the 5th, and Lumsden of the 12th A RESOLUTION Compensating individuals who have been exonerated following a wrongful conviction and1 incarceration; and for other purposes.2 PART I3 Compensating Mr. Joseph Samuel Watkins4 WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward5 Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting6 aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck7 veer over the median and opposite lanes and then crash; and8 WHEREAS, 20-year-old Mr. Isaac Dawkins was driving north in his truck on Highway 279 when he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the10 injuries he suffered; and11 WHEREAS, on the same evening of January 11, 2000, 18-year-old M r. Joseph Samuel12 Watkins drove his white truck south from his home in Rome to the home of his girlfriend in13 Cedartown, making several calls on his cell phone and passing the scene of Mr. Dawkins's14 crash on the way; and15 H. R. 128 (SUB) - 1 - 25 LC 60 0129S WHEREAS, Mr. Watkins's cell phone records and testimonial evidence regarding a shot dog16 were introduced at trial; and17 WHEREAS, the prosecution and defense presented cell phone experts who agreed that there18 was no possibility that Mr. Watkins's cellphone was located at or near the scene at the time19 the shooter's blue car would have been located at the scene; and20 WHEREAS, on July 2, 2001, a Floyd County jury convicted Mr. Watkins for the murder of21 Mr. Dawkins; and22 WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a23 different jury; and24 WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other25 post-conviction relief; and26 WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned27 that during jury deliberations at Mr. Watkins's trial, one of t he jurors had improperly28 conducted her own "drive test" related to the cell phone records, causing her to erroneously29 determine that Mr. Watkins could have been present at the crime scene, a determination30 which she then shared with other jurors; and31 WHEREAS, the Georgia Innocence Project discovered that although more than 15 years had32 passed, a former medical examiner for GBI had retained a person al autopsy log from the33 timeframe that he worked at the GBI, which included a previously unknown case number;34 and35 H. R. 128 (SUB) - 2 - 25 LC 60 0129S WHEREAS, the new case number assisted GBI in providing documents that established that36 the bullet taken from the shot dog was of another caliber than the bullet used to shoot Mr.37 Dawkins; and38 WHEREAS, after discovering the evidence of the unauthorized juror drive test and the bullet,39 Mr. Watkins filed a second petition for habeas corpus; and40 WHEREAS, following a three-day evidentiary hearing in February and March, 2022, the41 state habeas court granted the habeas corpus petition, overturning Mr. Watkins's convictions,42 and granting him a new trial; and43 WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia44 affirmed the state habeas court's grant of relief to Mr. Watkins, holding that the habeas court45 did not err by concluding that Mr. Watkins showed that the juror's improper drive test during46 deliberations, conducted to see whether Mr. Watkins could have been physically present at47 the time and place Isaac Dawkins was shot, caused Mr. Watkins actual prejudice; and48 WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and r eleased, but the49 charges against him remained pending and the State could have sought to retry him; and50 WHEREAS, on September 21, 2023, based on a review of all of the available evidence,51 including the evidence presented at trial and new investigations, the State moved for entry52 of an order of nolle prosequi, which the Superior Court of Floy d County granted, thereby53 dismissing all the charges and officially exonerating Mr. Watkins; and54 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages55 suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only56 H. R. 128 (SUB) - 3 - 25 LC 60 0129S fitting and proper that he be compensated for his losses for ea ch year of wrongful57 imprisonment; and58 WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for59 compensating innocent individuals who have been exonerated following wrongful conviction60 and incarceration; and61 WHEREAS, this lack of a statutory regime for compensation requi res introduction of a62 resolution to secure such compensation in Georgia.63 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF64 GEORGIA that the Department of Administrative Services is authorized and directed to pay65 the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above. 66 Said sum shall be paid from funds appropriated to or available to the Department of67 Administrative Services and shall be in full and complete satisfaction of all claims against68 the state arising out of or related to any and all facts in con nection with Mr. Watkins's69 wrongful conviction and incarceration and shall be paid subject to the provisions of this70 resolution.71 BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Watkins72 shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge73 any and all claims, demands, actions, causes of action, and damages, of every kind and nature74 whatsoever, past, present, or future, whether known or unknown, specifically including, but75 not limited to, all claims asserted or which could have been asserted, on behalf of himself and76 his heirs, successors, and assigns, forever releasing the state and all offices, authorities,77 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,78 branches, and entities of the State of Georgia but not includin g any political subdivisions79 H. R. 128 (SUB) - 4 - 25 LC 60 0129S thereof, and any and all current and former members, officers, employees, and agents of the80 state, or any branch but not including any political subdivisio ns thereof, from all past,81 present, or future claims that Mr. Watkins or his heirs, succes sors, and assigns may have82 against such individuals or entities in any capacity arising ou t of or related to any and all83 facts in connection with his wrongful conviction and incarceration.84 BE IT FURTHER RESOLVED that Mr. Watkins shall not be authorized to receive85 compensation pursuant to this resolution if he has a lawsuit pending against the state or any86 offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,87 commissions, boards, branches, or entities of the State of Georgia, or against any current and88 former members, officers, employees, or agents of the state or any branch thereof in state or89 federal court requesting compensation arising out of or related to any and all facts in90 connection to his wrongful conviction and incarceration.91 BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal92 monthly installments over a ten-year period of time beginning one year after an initial lump93 sum payment of $535,000.00. The remainder of said sum shall be paid immediately into a94 commercial annuity account bearing interest at the prevailing market rate, payable in equal95 monthly installments over a ten-year period of time beginning in 2026 with interest payable96 to Mr. Watkins. Compensation paid pursuant to this resolution is intended to provide the97 sole, final, and exclusive compensation by the state and any an d all offices, authorities,98 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,99 branches, and entities of the state, and any and all current an d former members, officers,100 employees, or agents of the State of Georgia or any branches thereof, for any and all present101 and future claims arising out of or related to any and all fact s in connection with Mr.102 Watkins's wrongful conviction and incarceration. No estate of or personal representative for103 Mr. Watkins shall be entitled to requisition or otherwise seek compensation on behalf of Mr.104 H. R. 128 (SUB) - 5 - 25 LC 60 0129S Watkins. Upon the death of Mr. Watkins, all payments and all o bligations of the State of105 Georgia with respect to any and all future payments with respect to the annuity shall continue106 to be made to his estate or heirs.107 BE IT FURTHER RESOLVED that any amount received by Mr. Watkins pursuant to this108 resolution shall be excluded from his taxable net income for state income tax purposes.109 PART II110 Compensating Mr. Daryl Lee Clark111 WHEREAS, on October 18, 1996, fifteen-year-old Mr. Brian Bowling tragically lost his life112 while playing "Russian Roulette" with his friend, seventeen-year-old Mr. Cain Joshua Storey,113 in the bedroom of Mr. Brian Bowling's home in Floyd County, Georgia; and114 WHEREAS, several months later, seventeen-year-old Mr. Daryl Lee Clark, an acquaintance115 of Mr. Brian Bowling, was arrested, and both he and Mr. Storey were charged with the116 murder and conspiracy to commit the murder of Mr. Bowling; and117 WHEREAS, one of the State's two key witnesses was Ms. Angela Bruce, who claimed that118 during a party at her home after Mr. Bowling's death, she heard Mr. Storey say he had shot119 and killed Mr. Bowling, and heard Mr. Clark say he was present at the time of the shooting;120 and121 WHEREAS, the second of the State's two key witnesses was Mr. Ch arlie Childers, a122 functionally illiterate and severely hearing and speech impaired man with limited and unique123 sign language skills, who testified that he had seen a person n amed "Daryl" flee from Mr.124 H. R. 128 (SUB) - 6 - 25 LC 60 0129S Bowling's yard immediately after the shooting and identified Mr . Clark in a police photo125 lineup; and126 WHEREAS, on January 19, 1998, Mr. Clark and Mr. Storey were both convicted of murder127 and conspiracy to commit murder and sentenced to life imprisonment; and128 WHEREAS, in late 2021, Ms. Bruce admitted for the first time to reporters and the Georgia129 Innocence Project that her incriminating testimony concerning Mr. Clark's and Mr. Storey's130 admissions was false; and131 WHEREAS, the independent investigation further established for the first time that Mr.132 Childers's translator at Mr. Clark's trial later questioned the accuracy of her own translation133 of Mr. Childers's testimony, and regretted providing the transl ation at trial, because Mr.134 Childers's manner of communication was not standard American Sign Language ("ASL"),135 but instead a communication method unique to Mr. Childers and his former teacher (an ASL136 expert who knew and understood Mr. Childers's unique communicat ion method, having137 worked with him from the time he has been a child); and138 WHEREAS, through interpretation by a new translator (his former teacher) in 2021, Mr.139 Childers indicated that testimony given by him over 20 years earlier had not been accurately140 interpreted to the jury; and141 WHEREAS, on September 16, 2022, Georgia Innocence Project lawye rs filed an142 Extraordinary Motion for New Trial (EMNT) and a petition for a writ of habeas corpus; and143 WHEREAS, on December 8, 2022, Mr. Clark's convictions were overturned and vacated by144 the Superior Court of Floyd County; and145 H. R. 128 (SUB) - 7 - 25 LC 60 0129S WHEREAS, on that same date, the District Attorney's Office for the Rome Judicial Circuit146 sought, and a Floyd County Superior Court Judge granted, dismissal of all charges against147 Mr. Clark based upon evidentiary considerations; and148 WHEREAS, after more than twenty-five years of wrongful imprison ment by the State of149 Georgia, Mr. Clark was finally exonerated and freed from his incarceration on December 8,150 2022; and151 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages152 suffered by Mr. Clark occurred through no fault or negligence o n his part, and it is only153 fitting, just, and proper that he be compensated for his losses for each year of wrongful154 imprisonment; and155 WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for156 compensating innocent individuals who have been exonerated following wrongful conviction157 and incarceration; and158 WHEREAS, this lack of a statutory regime for compensation requi res introduction of a159 resolution to secure such compensation in Georgia.160 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF161 GEORGIA that the Department of Administrative Services is authorized and directed to pay162 the sum of $1,917,128.00 to Mr. Daryl Lee Clark as compensation as provided above. Said163 sum shall be paid from funds appropriated to or available to th e Department of164 Administrative Services and shall be in full and complete satisfaction of all claims against165 the state arising out of or related to any and all facts in connection with Mr. Clark's wrongful166 conviction and incarceration and shall be paid subject to the provisions of this resolution.167 H. R. 128 (SUB) - 8 - 25 LC 60 0129S BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Clark168 shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge169 any and all claims, demands, actions, causes of action, and damages, of every kind and nature170 whatsoever, past, present, or future, whether known or unknown, specifically including, but171 not limited to, all claims asserted or which could have been asserted, on behalf of himself and172 his heirs, successors, and assigns, forever releasing the state and all offices, authorities,173 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,174 branches, and entities of the State of Georgia but not includin g any political subdivisions175 thereof, and any and all current and former members, officers, employees, and agents of the176 state, or any branch but not including any political subdivisio ns thereof, from all past,177 present, or future claims that Mr. Clark or his heirs, successors, and assigns may have against178 such individuals or entities in any capacity arising out of or related to any and all facts in179 connection with his wrongful conviction and incarceration.180 BE IT FURTHER RESOLVED that Mr. Clark shall not be authorized t o receive181 compensation pursuant to this resolution if he has a lawsuit pending against the state or any182 offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,183 commissions, boards, branches, or entities of the State of Georgia, or against any current and184 former members, officers, employees, or agents of the state or any branch thereof in state or185 federal court requesting compensation arising out of or related to any and all facts in186 connection to his wrongful conviction and incarceration.187 BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal188 monthly installments over a ten-year period of time beginning one year after an initial lump189 sum payment of $632,652.00. The remainder of said sum shall be paid immediately into a190 commercial annuity account bearing interest at the prevailing market rate, payable in equal191 monthly installments over a ten-year period of time beginning in 2026 with interest payable192 H. R. 128 (SUB) - 9 - 25 LC 60 0129S to Mr. Clark. Compensation paid pursuant to this resolution is intended to provide the sole,193 final, and exclusive compensation by the state and any and all offices, authorities, agencies,194 departments, units, divisions, instrumentalities, institutions, commissions, boards, branches,195 and entities of the state, and any and all current and former members, officers, employees,196 or agents of the State of Georgia or any branches thereof, for any and all present and future197 claims arising out of or related to any and all facts in connection with Mr. Clark's wrongful198 conviction and incarceration. No estate of or personal representative for Mr. Clark shall be199 entitled to requisition or otherwise seek compensation on behal f of Mr. Clark. Upon the200 death of Mr. Clark, all payments and all obligations of the State of Georgia with respect to201 any and all future payments with respect to the annuity shall continue to be made to his estate202 or heirs.203 BE IT FURTHER RESOLVED that any amount received by Mr. Clark pu rsuant to this204 resolution shall be excluded from his taxable net income for state income tax purposes.205 PART III206 Compensating Mr. Michael Woolfolk207 WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfo lk and Mr. Mario208 Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and209 WHEREAS, Mr. Woolfolk consistently maintained a claim of self-defense; and210 WHEREAS, a witness present at the scene, Mr. Jamario Ford, was presumed dead and could211 not be located for trial; and212 H. R. 128 (SUB) - 10 - 25 LC 60 0129S WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordina ry Motion for New213 Trial, based on newly discovered evidence, as the witness, Mr. Ford, was located; and214 WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying215 Mr. Stinchcomb's motion; and216 WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed217 in the Georgia Supreme Court; and218 WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing219 be held to allow the witness, Mr. Jamario Ford, to testify; and220 WHEREAS, the Fulton County District Attorney's Office of Convic tion Integrity Unit221 reinvestigated the case and concluded that the witness, Mr. Ford, was clear in his testimony222 that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who bo th returned fire in223 self-defense; and224 WHEREAS, on April 12, 2021, Superior Court Judge Shukura Millender ordered the case225 against Mr. Stinchcomb dismissed; and226 WHEREAS, May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and dismissed;227 and228 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages229 suffered by Mr. Woolfolk occurred through no fault or negligence on his part, and it is only230 fitting and proper that he be compensated for his losses for ea ch year of wrongful231 imprisonment; and232 H. R. 128 (SUB) - 11 - 25 LC 60 0129S WHEREAS, Georgia is one of only 11 states that do not have a st atutory regime for233 compensating innocent individuals who have been exonerated foll owing a wrongful234 conviction and incarceration; and235 WHEREAS, this lack of a statutory regime for compensation requi res introduction of a236 resolution to secure such compensation in Georgia.237 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF238 GEORGIA that the Department of Administrative Services is authorized and directed to pay239 the sum of $1,350,000.00 to Mr. Michael Woolfolk as compensatio n as provided above. 240 Said sum shall be paid from funds appropriated to or available to the Department of241 Administrative Services and shall be in full and complete satisfaction of all claims against242 the state arising out of or related to any and all facts in con nection with Mr. Woolfolk's243 wrongful conviction and incarceration and shall be paid subject to the provisions of this244 resolution.245 BE IT FUTHER RESOLVED that, prior to the payment of the compensation, Mr. Woolfolk246 shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge247 any and all claims, demands, actions, causes of action, and damages, of every kind and nature248 whatsoever, past, present, or future, whether known or unknown, specifically including, but249 not limited to, all claims asserted or which could have been asserted, on behalf of himself and250 his heirs, successors, and assigns, forever releasing the state and all offices, authorities,251 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,252 branches, and entities of the State of Georgia but not includin g any political subdivisions253 thereof, and any and all current and former members, officers, employees, and agents of the254 state, or any branch but not including any political subdivisio ns thereof, from all past,255 present, or future claims that Mr. Woolfolk or his heirs, succe ssors, and assigns may have256 H. R. 128 (SUB) - 12 - 25 LC 60 0129S against such individuals or entities in any capacity arising ou t of or related to any and all257 facts in connection with his wrongful conviction and incarceration.258 BE IT FURTHER RESOLVED that Mr. Woolfolk shall not be authorize d to receive259 compensation pursuant to this resolution if he has a lawsuit pending against the state or any260 offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,261 commissions, boards, branches, or entities of the State of Georgia or against any current and262 former members, officers, employees, or agents of the state or any branch thereof in state or263 federal court requesting compensation arising out of or related to any and all facts in264 connection to his wrongful conviction and incarceration.265 BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal266 monthly installments over a ten-year period of time beginning one year after an initial lump267 sum payment of $445,500.00. The remainder of said sum shall be paid immediately into a268 commercial annuity account bearing interest at the prevailing market rate, payable in equal269 monthly installments over a ten-year period of time beginning in 2026 with interest payable270 to Mr. Woolfolk. Compensation paid pursuant to this resolution is intended to provide the271 sole, final, and exclusive compensation by the state and any an d all offices, authorities,272 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,273 branches, and entities of the state, and any and all current an d former members, officers,274 employees, or agents of the State of Georgia or any branches thereof, for any and all present275 and future claims arising out of or related to any and all fact s in connection with Mr.276 Woolfolk's wrongful conviction and incarceration. No estate of or personal representative277 for Mr. Woolfolk shall be entitled to requisition or otherwise seek compensation on behalf278 of the Mr. Woolfolk. Upon the death of Mr. Woolfolk, all payments and all obligations of279 the State of Georgia with respect to any and all future payments with respect to the annuity280 shall continue to be made to his estate or heirs.281 H. R. 128 (SUB) - 13 - 25 LC 60 0129S BE IT FURTHER RESOLVED that any amount received by Mr. Woolfolk pursuant to this282 resolution shall be excluded from his taxable net income for state income tax purposes.283 PART IV284 Compensating Mr. Mario Stinchcomb285 WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfo lk and Mr. Mario286 Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and287 WHEREAS, Mr. Stinchcomb consistently maintained a claim of self-defense; and288 WHEREAS, a witness present to the scene, Mr. Jamario Ford, was presumed dead and could289 not be located for trial; and290 WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordina ry Motion for New291 Trial, based upon newly discovered evidence, as the witness, Mr. Ford, was located; and292 WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying293 Mr. Stinchcomb's motion; and294 WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed295 in the Georgia Supreme Court; and296 WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing297 be held to allow the witness, Mr. Jamario Ford, to testify; and298 H. R. 128 (SUB) - 14 - 25 LC 60 0129S WHEREAS, the Fulton County District Attorney's Office of Convic tion Integrity Unit299 reinvestigated the case and concluded that the witness, Mr. Jam ario Ford, was clear in his300 testimony that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire301 in self-defense; and302 WHEREAS, on April 12, 2021, Superior Court Judge Shukura Miller o r d e r e d t h e c a s e303 against Mr. Stinchcomb dismissed; and304 WHEREAS, on May 17, 2021, Mr. Woolfolk's conviction was likewis e vacated and305 dismissed; and306 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages307 suffered by Mr. Stinchcomb occurred through no fault or neglige nce on his part, and it is308 only fitting and proper that he be compensated for his losses f or each year of wrongful309 imprisonment; and310 WHEREAS, Georgia is one of only 11 states that do not have a st atutory regime for311 compensating innocen t individuals who have been exonerated foll owing a wrongful312 conviction and incarceration; and313 WHEREAS, this lack of a statutory regime for compensation requi res introduction of a314 resolution to secure such compensation in Georgia.315 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF316 GEORGIA that the Department of Administrative Services is authorized and directed to pay317 the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said318 sum shall be paid from funds appropriated to or available to th e Department of319 H. R. 128 (SUB) - 15 - 25 LC 60 0129S Administrative Services and shall be in full and complete satisfaction of all claims against320 the state arising out of or related to any and all facts in con nection with Mr. Stinchcomb's321 wrongful conviction and incarceration and shall be paid subject to the provisions of this322 resolution.323 BE IT FURTHER RESOLVED that, prior to the payment of the compen sation, Mr.324 Stinchcomb shall sign a release and waiver which shall release, satisfy, quitclaim, and325 forever discharge any and all claims, demands, actions, causes of action, and damages, of326 every kind and nature whatsoever, past, present, or future, whe ther known or unknown,327 specifically including, but not limited to, all claims asserted or which could have been328 asserted, on behalf of himself and his heirs, successors, and a ssigns, forever releasing the329 state and all offices, authorities, agencies, departments, unit s, divisions, instrumentalities,330 institutions, commissions, boards, branches, and entities of th e State of Georgia but not331 including any political subdivisions thereof, and any and all c urrent and former members,332 officers, employees, and agents of the state, or any branch but not including any political333 subdivisions thereof, from all past, present, or future claims that Mr. Stinchcomb or his heirs,334 successors, and assigns may have against such individuals or entities in any capacity arising335 out of or related to any and all facts in connection with his w rongful conviction and336 incarceration.337 BE IT FURTHER RESOLVED that Mr. Stinchcomb shall not be authori zed to receive338 compensation pursuant to this resolution if he has a lawsuit pending against the state or any339 offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,340 commissions, boards, branches, or entities of the State of Georgia or against any current and341 former members, officers, employees, or agents of the state or any branch thereof in state or342 federal court requesting compensation arising out of or related to any and all facts in343 connection to his wrongful conviction and incarceration.344 H. R. 128 (SUB) - 16 - 25 LC 60 0129S BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal345 monthly installments over a ten-year year period of time beginning one year after an initial346 lump sum payment of $321,750.00. The remainder of said sum shall be paid immediately347 into a commercial annuity account bearing interest at the prevailing market rate, payable in348 equal monthly installments over a ten-year period of time begin ning in 2026 with interest349 payable to Mr. Stinchcomb. Compensation paid pursuant to this resolution is intended to350 provide the sole, final, and exclusive compensation by the stat e and any and all offices,351 authorities, agencies, departments, units, divisions, instrumen talities, institutions,352 commissions, boards, branches, and entities of the state, and any and all current and former353 members, officers, employees, or agents of the State of Georgia or any branches thereof, for354 any and all present and future claims arising out of or related to any and all facts in355 connection with Mr. Stinchcomb's wrongful conviction and incarceration. No estate of or356 personal representative for Mr. Stinchcomb shall be entitled to requisition or otherwise seek357 compensation on behalf of Mr. Stinchcomb. Upon the death of Mr . Stinchcomb, all358 payments and all obligations of the State of Georgia with respe ct to any and all future359 payments with respect to the annuity shall continue to be made to his estate or heirs.360 BE IT FURTHER RESOLVED that any amount received by Mr. Stinchcomb pursuant to this361 resolution shall be excluded from his taxable net income for state income tax purposes.362 PART V363 Compensating Mr. Sedrick Moore364 WHEREAS, on the night of February 15, 1993, three men broke int o a Colquitt County,365 Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and366 H. R. 128 (SUB) - 17 - 25 LC 60 0129S WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone367 White; and368 WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and369 Mr. Kerry Robinson as the two other perpetrators; and370 WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the371 incident and charged, along with Mr. Robinson, with rape and ot her offenses related to372 robbery and possession of a firearm; and373 WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange374 for his testimony against Mr. Moore and Mr. Robinson; and375 WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and376 WHEREAS, other evidence against Mr. Moore and Mr. Robinson was a statement from Mr.377 Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that night and378 testimony from a DNA expert that DNA from a sexual assault exam performed on the victim379 on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and380 WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three381 counts of possession of a firearm during the commission of a cr ime, one count of armed382 robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;383 and384 WHEREAS, both Mr. Moore and Mr. Robinson maintained their innoc ence and pursued385 appeals of their convictions; and386 H. R. 128 (SUB) - 18 - 25 LC 60 0129S WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing387 method and Mr. Robinson sought new DNA testing as further post-conviction relief; and388 WHEREAS, the new DNA testing did not support a valid DNA match to Mr. Robinson or389 Mr. Moore; and390 WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion391 for New Trial (EMNT) and was ultimately exonerated on January 8 , 2020, after the State392 declined to further prosecute his case; and393 WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2 023, a Colquitt394 County Superior Court Judge granted Mr. Moore's EMNT; and395 WHEREAS, on August 28, 2023, the State moved for entry of an or der of nolle prosequi,396 which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and397 officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the398 State of Georgia; and399 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages400 suffered by Mr. Moore occurred through no fault or negligence o n his part, and it is only401 fitting, just, and proper that he be compensated for his losses for each year of wrongful402 imprisonment.403 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF404 GEORGIA that the Department of Administrative Services is authorized and directed to pay405 the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above. Said406 sum shall be paid from funds appropriated to or available to th e Department of407 H. R. 128 (SUB) - 19 - 25 LC 60 0129S Administrative Services and shall be in full and complete satisfaction of all claims against408 the state arising out of or related to any and all facts in con nection with Mr. Moore's409 wrongful conviction and incarceration and shall be paid subject to the provisions of this410 resolution.411 BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Moore412 shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge413 any and all claims, demands, actions, causes of action, and damages, of every kind and nature414 whatsoever, past, present, or future, whether known or unknown, specifically including, but415 not limited to, all claims asserted or which could have been asserted, on behalf of himself and416 his heirs, successors, and assigns, forever releasing the state and all offices, authorities,417 agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,418 branches, and entities of the State of Georgia but not includin g any political subdivisions419 thereof, and any and all current and former members, officers, employees, and agents of the420 state, or any branch but not including any political subdivisio ns thereof, from all past,421 present, or future claims that Mr. Moore or his heirs, successo rs, and assigns may have422 against such individuals or entities in any capacity arising ou t of or related to any and all423 facts in connection with his wrongful conviction and incarceration.424 BE IT FURTHER RESOLVED that Mr. Moore shall not be authorized t o receive425 compensation pursuant to this resolution if he has a lawsuit pending against the state or any426 offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,427 commissions, boards, branches, or entities of the State of Georgia or against any current and428 former members, officers, employees, or agents of the state or any branch thereof in state or429 federal court requesting compensation arising out of or related to any and all facts in430 connection to his wrongful conviction and incarceration.431 H. R. 128 (SUB) - 20 - 25 LC 60 0129S BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal432 monthly installments over a ten-year period of time beginning one year after an initial lump433 sum payment of $558,122.40. The remainder of said sum shall be paid immediately into a434 commercial annuity account bearing interest at the prevailing market rate, payable in equal435 monthly installments over a ten-year period of time beginning in 2026 with interest payable436 to Mr. Moore. Compensation paid pursuant to this resolution is intended to provide the sole,437 final, and exclusive compensation by the state and any and all offices, authorities, agencies,438 departments, units, divisions, instrumentalities, institutions, commissions, boards, branches,439 and entities of the state, and any and all current and former members, officers, employees,440 or agents of the State of Georgia or any branches thereof, for any and all present and future441 claims arising out of or related to any and all facts in connection with Mr. Moore's wrongful442 conviction and incarceration. No estate of or personal representative for Mr. Moore shall be443 entitled to requisition or otherwise seek compensation on behal f of Mr. Moore. Upon the444 death of Mr. Moore, all payments and all obligations of the State of Georgia with respect to445 any and all future payments with respect to the annuity shall continue to be made to his estate446 or heirs.447 BE IT FURTHER RESOLVED that any amount received by Mr. Moore pu rsuant to this448 resolution shall be excluded from his taxable net income for state income tax purposes.449 H. R. 128 (SUB) - 21 -