Georgia HR 128: Boy Scout Day at the capitol; March 1, 2017; recognize

Bill Text

25 LC 60 0129S
House Resolution 128 (RULES COMMITTEE SUBSTITUTE)
By: Representatives Dempsey of the 13
th, Barton of the 5
th, and Lumsden of the 12
th
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 Mr. 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 the 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 personal 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 released, 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 Floyd 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 each 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 requires 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 direct