QUOTE OF THE DAY: "Everyone involved in our criminal justice system should dread the conviction and incarceration of innocent people,” Nahmias wrote. As a justice, Nahmias said, he has reviewed more than 1,500 murder cases. In some, judges and appellate courts granted new trials to defendants who appeared not to be guilty, he said. “Of the multitude of cases in which a new trial has been denied, Inman’s case is the one that causes me the most concern that an innocent person remains convicted and sentenced to serve the rest of his life in prison,” Nahmias wrote."
Presiding Justice David Nahmias.
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PASSAGE OF THE DAY: "During the 2001 trial, prosecutors presented no physical
evidence that tied Inman to the crime. Jurors heard from a jailhouse
informant who said Inman told him he killed Brown, but the inmate later
said he was coerced into turning on Inman. Prosecutors also called upon a
friend of Inman’s who initially said she saw Inman with a lot of cash
the morning after the killing. But she also recanted.
A witness who did not retract her testimony was a newspaper
delivery woman who said she saw Inman driving Brown’s car shortly after
the shooting. But a man standing next to her at that time has said it
was too dark for her to have identified Inman. Inman’s lawyers
tried to call on witnesses who said another man, Hercules Brown, told
them he committed the murder. (Hercules Brown is not related to the
victim.) But Superior Court Judge Buster McConnell did not let the jury
hear their testimony. Years later, DNA testing was conducted to see who
might
have been wearing a homemade mask found inside Donna Brown’s car. The
GBI crime lab matched the DNA on the mask to Hercules Brown. At
that time, Brown was in prison serving his own life-without-parole
sentence, having pleaded guilty to the murder of two people during
another armed robbery in Adel. With the new DNA evidence, Inman’s
lawyers asked McConnell to grant a new trial. But McConnell let the
conviction stand. In 2014, the Georgia Supreme Court declined to even
consider Inman’s appeal of McConnell’s decision. Last year, Inman’s new lawyers filed a new petition before Superior Court Judge Kristina Cook Graham. In July, Graham declined to dismiss the case and ruled that Inman’s lawyers could question Hercules Brown. But the state attorney general’s office sought to overturn Graham’s ruling. On
Thursday, the Georgia Supreme Court unanimously rejected the state’s
request, and its order included the two concurring opinions by Melton
and Nahmias. Nahmias wrote that he now has “grave doubts” about
McConnell’s decision to deny Inman’s motion for a new trial. He also
said he regrets the Supreme Court’s decision in 2014 not to hear Inman’s
appeal. “Unfortunately, I have not found a way, within the
confines of the law, for us to undo our decision … at this point,”
Nahmias said. “But this court is not the only source of justice in this
state.
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STORY: "Georgia Supreme Court justices question imprisoned man's conviction," by reporter Bill Rankin, published by The Atlanta Journal-Constitution on September 19, 2019. ((Bill Rankin joined the AJC in 1989, three years after his father, Jim
Rankin, retired from the paper after 26 years. For most of his time at
the AJC, Bill has covered state and federal courts, specializing in
civil litigation, criminal justice and the death penalty. Beginning in
2015, Bill began hosting the AJC’s “Breakdown” podcast. The podcast’s
sixth season, “A Jury of His Peers,” cohosted with AJC editor Kevin
Riley, won the American Bar Association’s 2018 Silver Gavel Award.") Thanks to The Marshall Project for drawing this story to our attention. HL.
PHOTO CAPTION: Devonia Inman with his mother, Dinah Ray, during happier
times for him and his family. "Inman is serving a life-without-parole
sentence in Georgia for armed robbery and murder, even though DNA
evidence discovered years after his trial strongly suggests another man
committed the crimes. But a stunning Georgia Supreme Court decision in
his favor on Thursday, Sept. 19, 2019, might begin to turn things
around.
GIST: "Two state Supreme Court justices on
Thursday issued extraordinary opinions in which they openly questioned
the imprisonment of a man convicted of the armed robbery and murder of a
South Georgia woman 21 years ago. Chief Justice Harold Melton and Presiding Justice David Nahmias
both asked the state attorney general’s office to closely re-examine the
case against Devonia Inman. Inman is serving a life-without-parole
sentence, even though DNA evidence discovered years after his trial strongly suggested another man committed the crimes. Nahmias, the former U.S. attorney in Atlanta, went so far as to
question whether the state should continue opposing Inman’s efforts to
obtain a new trial. “Let justice be done,” Nahmias wrote. Attorney General Chris Carr agreed to follow the justices’ recommendations. “The Attorney General and members of our senior staff take very
seriously the court’s concerns, and are personally and fully reviewing
the matter in conjunction with the district attorney who would be
responsible for any prosecution arising out of this case,” office
spokeswoman Katie Byrd said. “We were very gratified to see the Supreme Court’s order,
especially the forceful and courageous concurring opinions of Chief
Justice Melton and Presiding Justice Nahmias,” Inman’s legal team from
Troutman Sanders said in a statement. “We look forward to continuing the
fight for justice for Mr. Inman.” Inman, who has long proclaimed his innocence, was convicted of
the 1998 murder of Donna Brown, a night manager of a Taco Bell in Adel.
She was accosted in the parking lot after closing up and died of a
gunshot wound to her face. Her killer took more than $1,700 of the day’s
receipts. Inman’s case was chronicled in The Atlanta Journal-Constitution’s podcast “Breakdown: Murder Below the Gnat Line.” He is now being represented for free by Troutman Sanders lawyers who are trying to win him a new trial. “Everyone involved in our criminal justice system should
dread the conviction and incarceration of innocent people,” Nahmias
wrote. As a justice, Nahmias said, he has reviewed more than 1,500
murder cases. In some, judges and appellate courts granted new trials
to defendants who appeared not to be guilty, he said. “Of the
multitude of cases in which a new trial has been denied, Inman’s case is
the one that causes me the most concern that an innocent person remains
convicted and sentenced to serve the rest of his life in prison,”
Nahmias wrote. If Inman were given a new trial, there’s no telling what
the result would be, Nahmias added. But with the new evidence that’s
been uncovered, “there is no doubt that a new trial would be very
different than the one in which Inman was found guilty.” Writing separately, Melton said he shared many of Nahmias’ concerns. “The
evidence that potentially connects a different person other than Inman
to the murder in this case raises some very troubling issues,” he said. During the 2001 trial, prosecutors presented no physical
evidence that tied Inman to the crime. Jurors heard from a jailhouse
informant who said Inman told him he killed Brown, but the inmate later
said he was coerced into turning on Inman. Prosecutors also called upon a
friend of Inman’s who initially said she saw Inman with a lot of cash
the morning after the killing. But she also recanted. A witness who did not retract her testimony was a newspaper
delivery woman who said she saw Inman driving Brown’s car shortly after
the shooting. But a man standing next to her at that time has said it
was too dark for her to have identified Inman. Inman’s lawyers
tried to call on witnesses who said another man, Hercules Brown, told
them he committed the murder. (Hercules Brown is not related to the
victim.) But Superior Court Judge Buster McConnell did not let the jury
hear their testimony. Years later, DNA testing was conducted to see who might
have been wearing a homemade mask found inside Donna Brown’s car. The
GBI crime lab matched the DNA on the mask to Hercules Brown. At
that time, Brown was in prison serving his own life-without-parole
sentence, having pleaded guilty to the murder of two people during
another armed robbery in Adel. With the new DNA evidence, Inman’s lawyers asked McConnell to grant a new trial. But McConnell let the conviction stand. In 2014, the Georgia Supreme Court declined to even consider Inman’s appeal of McConnell’s decision. Last year, Inman’s new lawyers filed a new petition before Superior Court Judge Kristina Cook Graham. In July, Graham declined to dismiss the case and ruled that Inman’s lawyers could question Hercules Brown. But the state attorney general’s office sought to overturn Graham’s ruling. On
Thursday, the Georgia Supreme Court unanimously rejected the state’s
request, and its order included the two concurring opinions by Melton
and Nahmias. Nahmias wrote that he now has “grave doubts” about
McConnell’s decision to deny Inman’s motion for a new trial. He also
said he regrets the Supreme Court’s decision in 2014 not to hear Inman’s
appeal. “Unfortunately, I have not found a way, within the
confines of the law, for us to undo our decision … at this point,”
Nahmias said. “But this court is not the only source of justice in this
state. Indeed, judges are often obligated to enforce procedural rules,
and we often must defer to discretionary decisions made by prosecutors.
Prosecutors, however, may always exercise their discretion to seek
justice — to do the right thing. Our reporting so far: In 2016, The Atlanta Journal-Constitution and Channel 2 Action News
published “DNA Denial,” which questioned whether Devonia Inman was
wrongfully convicted of murder. In its fourth season, the AJC’s
Breakdown podcast followed up by diving deeper into Inman’s case and
raising the same questions. Since then, the newspaper has continued to
follow Inman’s attempts to win a new trial."
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
