APPLICATION TO THE BOARD OF-. PARDONS AND PAROLES..FOR EXECUTIVE CLEMENCY.

Transcription

1 ,.,, ", ' J ' l i \ l \! t : ~t., APPCATON TO THE BOARD OF-. PARDONS AND PAROES..FOR EXECUTVE CEMENCY. FOR.MTCHE TERRY MNCEY

2 u... BEFORE THE BOARD OF PARDONS AND PAROES _-= :0 STATE OF GEORGA '" APPCATON OF MTCHE TERRY MNCEY FOR A 90-DAY STAY OF EXECUTON AND FOR COMMUTATON OF HS SENTENCE OF DEATH APPCATON NO. _.-./ ' l--~... G.t \ - i _.. b AMY GERSHENFED DONNEA 310 CHAMOUNX ROAD ST. DAVDS, PENNSYVANA (61 0) ocal addess: 303 EZABETH STREET, NE ATANTA, GEORGA (404) (404) FAX COUNSE FOR MTCHE TERRY MNCEY

3 t E E l '. t..0. l ' l:..... ~ (~ f.' 4 y Joi. BEFORE THE BOARD OF PARDONS AND PAROES STATE OF GEORGA Application of MTCHE TERRY MNCEY Fo a 90-Day Stay of Execution And fo Commutation of His Sentence of Death NO NTRODUCTON Mitchell Tey Mincey, by his undesigned counsel, applies to the Geogia Boad of Padons and Paoles, pusuant to Aticle V,, ~ ll(a) and (d) of the Geogia Constitution, O.C.G.A , (a) and Chaptes (1) and (2) (6) of the Rules of this Boad: (i) fo consideation of his application fo commutation of his sentence of death, imposed by the Supeio Cout of Bibb County on August 26, 1982; (ii) fo a ninety (90) day stay of execution, pesently scheduled fo Octobe 25, 2001 at 7:00p.m., to pemit consideation of his application; (iii) fo a full and fai heaing befoe the full Boad, allowing him to pesent witnesses and to be head. though his counsel; and afte that eview, (iv) fo the commutation of his sentence of death. SUMMARY OF FACTS On the evening of Apil12, 1982, Mitchell Tey ("Tey") Mincey, Tim Jenkins and Bobby Jones obbed the Mini Foods stoe on Houston Road outside of Macon, Geogia. n the couse of the obbey, the clek, Ms. Paulette Riggs, was shot twice 2

4 ' i ' ~- K C '..:~ ~ i- l' "' l-- t ~ E F and died, and M. Russell Peteman, a custome who pulled up to the gas station/food stoe while the obbey was in pogess, was shot twice and suvived. While M. Peteman lost sight in one eye, he suvived the attack. Two teenages, James "Bubba" McCook and Mechele McCook, who wee in the stoe at the time of the obbey, escaped unhamed. Both Jones and Jenkins pled guilty soon afte the incident and ageed to testify, at tial against M. Mincey in exchange fo educed sentences. Fo his coopeation, Jones pled to counts of mude, amed obbey and aggavated assault and eceived a life sentence. He emains incaceated at Wilcox State Pison in Abbeville, Geogia. See DOC Pintout e: Robet Jones. Fo his coopeation, Jenkins pled to counts of ' -- amed obbey and aggavated assault and also eceived a life sentence. He was eleased fom pison ten yeas afte the cime in See DOC Pintout e: Timothy Jenkins. The emainde of his sentence was commuted in See Ode of Commutation fo Timothy Jenkins. Jenkins emains a fee man. The Distic;t Attoney of the Macon Judicial Cicuit, Willis Spaks, ll, elected to seek the death penalty against Tey Mincey. Tey went to tial on capital mude chages less than five months afte the cimes. With the assistance of co-defendants Jenkins and Jones, the Distict Attoney was able to secue a guilty vedict and death sentence fo M. Mincey. A cental point in the State's closing agument at sentencing was that if Tey "gets out, somebody will die. t's just that simple," implying th?~t Tey would be eleased if the juy did not sentence him to death. Tial Tanscipt Afte the juy was eleased, M. Mincey was sentenced to life impisonment without the possibility of paole unde the Habitual Offende statute (he had been indicted unde this statute as well). The juy neve knew that M. Mincey would be sentenced to life without the possibility of paole egadless of the sentence it handed down. Tey Mincey has emained on Death Row in Jackson, Geogia since tial. Contay to the Distict 3

5 li...'); ~ ~,. ~ F t. C::: l' E l- ;; ~.. Attoney's gandiose pedictions, Tey's pison ecod has been exemplay in his nineteen yeas on Death Row. The evidence pesented at tial showed that the thee dove to the Mini Foods Mat in Jones' Mustang and that both Tey and Tim Jenkins exited the ca. Jones emained in the ca, in possession of a sawed-off shotgun. Tey was amed with a.380 lama semiautomatic pistol, while Jenkins was amed with an Aminius.38 evolve. Tey went into the stoe, odeed Ms. Riggs to emove money fom the cash egiste, and diected Ms. Riggs and the McCooks to go outside the stoe. Ms. Riggs and the McCooks walked outside and ove to Tim Jenkins, who was positioned at an ice machine at the font of the stoe. As this was occuing, M. Peteman pulled up to the gas pumps at the font of the stoe. Tey walked out towads M. Peteman and shot him twice. M. Peteman suvived. At tial, both Jenkins and Jones testified that Jenkins e-enteed Jones' ca at this point, while the McCook childen an. Jenkins and Jones futhe testified that Tey walked towad Ms. Riggs and fied two shots at he and an back to the ca. Due to Jones' distinctive automobile (it was painted in pime and was missing its hood and headlights), all thee wee appehended within hous. The evidence pesented at tial showed that Ms. Riggs suffeed two wounds, one fatal and one nonfatal. The nonfatal bullet was emoved fom unde he cheek, while the fatal bullet, which enteed he skull and exited fom he neck, was neve ecoveed. See Tial Testimony of eo Ebele, M.D. D. Ebele's speculation was that the fatal bullet, which appeaed on a hospital x-ay, somehow was entangled in Ms. Riggs clothes and was lost in the confines of the emegency oom. While the noi-fatal bullet and its catidge case wee matched to Tey's.380 (as wee the cases ecoveed nea M. Peteman), the fatal bullet's catidge case was neve ecoveed at the scene. D. Ebele testified at tial that the fatal wound was consistent with one caused by a. 38 calibe bullet. 4

6 :..ii. ' E i: l;,,, ;.. ->4 The evidence pesented at tial is faught with pejued and man ufactued testimony, iddled with inconsistencies and inaccuacies, and it is tuly teifying that Tey Mincey stands to be executed in a few days on the basis of this pejued, inconsistent, inaccuate, and puchased evidence and testimony. This Boad must act to stop this tavesty befoe Tey Mincey is executed. TERRY MNCEY DD NOT FRE THE FATA SHOT THAT KED PAUETTE RGGS Evidence has been uncoveed that conclusively poves that Tim Jenkins, and iot Tey Mincey, fied the fatal shot which killed Paulette Riggs. n a swon affidavit, Mechele McCook Reagan descibes the scene that night: was at the Mini Foods stoe on Houston Rd. in Macon the night Paulette Riggs and M. Peteman wee shot. testified at Tey Mincey's mude tial about some of what happened that night. My bothe, Bubba McCook, and wee inside the Mini Foods stoe when Tey Mincey came inside with a gun. M. Mincey odeed us to go outside and get into a ca. As we walked towads the cas, saw anothe man standing nea the ice machine that was at the cone of the stoe. His ams wee cossed and in his hand, which was esting on his foeam, was a hand gun. He was with Tey Mincey that night. late found out that his name was Tim Jenkins. Jenkins was holding his hand gun in plain view. Mincey odeed me and my bothe to walk aound to the side of the stoe. Thee was a tash dumpste back thee and we stood next to it. Jenkins then came aound to the side of the building with Paulette Riggs. He had Ms. Riggs by the am and he had his gun pointed at he. About this same time, Tey Mincey went out towad the gas pumps and shot M. Peteman. My bothe told me to un once we saw M. Peteman get shot. My bothe said something about making a beak fo it and we did. As an away fom the stoe, Jenkins was holding Paulette Riggs by the am with the gun pointed towad he body. fell down about thee times as was unning away and decided to stay on the gound and play dead. My bothe kept unning and knocked on the doo of a neaby house ,.,._~ < -~ ~,,...,.,.,.,_~..,...~-..,.,,... -.~-~-~... _, ~ -~------~: o-.'"',.....,~-... ""'"'"""'.<"0~'~~"-~';"""'>'"~/f<l"">n"'\1' ~'""''~!~""-':<:il,.,._i'1 ~ ~ - :~:..,.,~;; -1~"'-~'.,...-.,.,.. ~.)7 -'l,..,. : - ~., '.

7 ff ~ li T ~..s: E ' As we wee unning away, head fou o five moe shots~ also head"ms. Riggs sceam. spoke with Distict Attoney Will Spaks that night and told him about the infomation in this affidavit. emembe being in his ca and telling him what happened. Pio to my testimony at M. Mincey's tial, Distict Attoney Spaks told me to onfy answe the questions that he asked me. Tim Jenkins neve told us to un that night. My bothe and an that night afte M. Peteman was shot because we believed that Jenkins was going to shoot and kill us. know that Jenkins has been eleased fom pison. am concened about poviding this infomation because am afaid that Jenkins will ham me, my family and my bothe if he leans about my statement. am vey toubled by how this case was handled. do not undestand how Distict Attoney Spaks could give Mincey the death penalty while Jenkins is out of pison and a fee man. This eally bothes me because the last thing saw befoe an away was Jenkins holding a gun on Ms. Riggs and told that to Distict Attoney Spaks. Because of what saw, can not help but think that Jenkins may have shot Ms. Riggs. See Affidavit of Mechele Reagan. The othe (then) teenage at the scene, James "Bubba" McCook, confims his siste's account of the events of that evening: While my name is James, am also known as Bubba. testified at Tey Mincey's mude tial in Macon in testified to some of the things that happened at the Mini Food Stoe on Houston Road. was in the Mini food Stoe with my siste, Mechele McCook and Paulette Riggs. Tey Mincey came in the stoe and pointed a gun at me. He odeed me and my siste to go outside. We walked along the font of the stoe and saw the othe man standing thee. He also had a handgun. This second man's name is Tim Jenkins. Me and my siste ducked ove to the side of the building. A little while late, Jenkins came ove to the side of the building with Ms. Riggs. He had he by the am. He was pointing a gun at he. At about the time Jenkins had Ms. Riggs by the am while pointing a gun at he, Tey Mincey went out by the gas pumps and shot M. Peteman. We wee still by the tash dumpste.. '-~...,...,.,...,.,. """'~...,...,,,...,,,. -~ -,..,...,..,_..,.,_~.,...,~.,, ,.,.-""''""..-''"...-'.,..,... ~...,..,.._,':''''"'""""""_,.,,,,,,..,.~~--,...".,...,.. ~- ~,.._..,..,,,.,.".~ -.. ~ ~~- - -~ ~ ~-... ~~...,.. """'' ~,....,...,,..,._,...,...,,'"':'""'~~...,.,""',.._"",""',_~, --,-- - -~ "'""'"" -....,.. ;-_ -..,... ~- c " 6 ' '

8 F t1: c E figued that we wee going to be shot, too so, told my siste to un. We both an away. Jenkins was still standing thee holding Ms. Riggs with his handgun pointed at he. Jenkins did not tell us to un. Afte we an head fou o five moe shots. an to a neighbos house. talked to Will Spaks about what happened. He told me that he needed me to testify. He said it was vey impotant since we wee eye witnesses. thought all thee would be tied fo mude. See Affidavit of James McCook. The initial statements that Mechele and Bubba McCook gave to Distict Attoney Spaks efeed to in thei affidavits wee neve disclosed to lawyes epesenting Tey Mincey until vey ecently. Statements given to Distict Attoney Spaks by Tim Jenkins' ex-wife, Julie Chavies, wee not disclosed eithe: was maied to Tim Jenkins fo about one yea back in Tim was aested, along with Tey Mincey and Bobby Jones, about two weeks afte Tim and wee maied. They wee chaged with mude and all thee of them went to pison. didn't divoce Tim until afte he went to pison. spent some time with Tey on the night of the mude. emembe that he stopped by ou place and was upset with his gilfiend. Tey stayed fo a while and then left. was in school at the time and studying, so stayed home. ate that night Tim came home eally late. He was vey nevous, pacing aound, and mumbling to himself. got up and saw that he was in the bathoom scubbing his hands with Ajax. Afte scubbing his hands, he cleaned his gun. Tim bought the gun a few weeks befoe this happened. Tim was vey hype while cleaning his gun. emembe asking him what was going on and he kept saying that he was with Tey and that they did a teible thing. Tim did not want to tell me too many details about what had happened ealie that night, but he did say that he had to figue out what to do because of the mess that him and Tey had gotten themselves into. At one point, Tim said, ' did a teible thing --we wee getting high and iding aound and we killed them.' didn't know what to think. The police came to the house the next moning and aested Tim. They also seached ou place and took Tim's gun. was stunned that moning when the police showed up. just couldn't believe that Tim was seious when he said something about him and Tey killing someone. The police 7

9 E c.a ~ E t: {./ - '' " '"" F etuned ~J.m's gun to me a few months late. gave the gun to my fathe, and as fa as know, he still has Tim's gun. talked with the Distict Attoney Spaks not too long afte Tim was aested and he told me that Tim was going to be held esponsible fo the woman's death. told the Distict Attoney Spaks what happened when Tim came home late that night. told him about Tim scubbing his hands, cleaning his gun and the statement he made about him doing a teible thing. Sometime shotly afte my convesation with Distict Attoney Spaks, Tim told me that he was going to plead guilty. met with Distict Attoney Spaks and someone else fom his office seveal time afte this. They wanted my help in posecuting Tey and said it. would help my husband. Distict Attoney Spaks neve asked me again about what Tim did o said that night. They wee moe inteested in Tey. They asked me about statements Tey made to me while in jail. Tey neve would talk to me about what Tim did that night. He said that he was 'not a snitch.' can still emembe how supised and fightened was when leaned about the things that Tim and Tey had done to those people at the gas station that night. just couldn't believe that was maied to a man who would do such a thing and was thankful that he neve hut me. Afte Tey Mincey was put on death ow, one of his lawyes came to see me. signed an affidavit in Septembe Tey's lawye told me that Tim testified that he was in the ca when the woman was killed and he neve fied his gun. All could think about was that Tim had just got out of pison. did not tell Tey's lawye about Tim scubbing his hands and cleaning his gun. didn't eally want to tell Tey's lawye about how Tim was nevous and all of the things that he was saying and doing that night. knew that Tim had just gotten out of pison and did not want him to find out that was telling on him. was so afaid that Tim would hut me if was saying something that would send him back to pison o to death ow. When was talking to Tey's lawyes in 1993, emembe telling them that it was not fai that Tim got out of pison while Tey was on death ow. Howeve, did not tell them about Tim scubbing his hands and cleaning his gun because was teified and figued that M. Spaks would know that it wasn't fai that Tey was on death ow and Tim was out of pison. figued that M. Spaks would fix it and make it fai. So just told Tey's lawyes that Tim said something bad happened and that thought it involved dugs. just didn't know what else to do because was fightened. 8

10 .. _. t. ', " ' ~ : u "! ~ ~ t~. / E. have ec~.ntly been contacted again by people woking with Tey's lawye. They told me Tim is still out of pison and Tey is scheduled to be executed on Octobe 25 1 h. As we wee talking about what happened at the gas station, told them about what happened that night when Tim came home. told them about Tim scubbing his hands and cleaning his gun and how Tim told me that he was thee when the lady was killed. now feel that have to talk about what Tim did when he came home the night afte the woman was killed and what he said to me while in jail befoe Tey's tial. always thought that M. Spaks would make sue that the judge knew what told him about Tim. now know that neve happened. See Affidavit of Julie Chavies. This testimony povided by the McCooks and by Ms. Chavies is confimed by the analysis of case mateials by Kelly Fite, fome Chief of Ballistics fo the Geogia Bueau of nvestigation: The State's theoy at tial was that M. Mincey was the sole shoote at this amed obbey mude. Accoding to the State, neithe co-defendant Jenkins no Jones fied a shot at the scene, although both wee amed duing the obbey. Co-defendant Jenkins' ex-wife, Julie Chavies, has ecently povided a swon affidavit which povides thee facts elevant to my evaluation of the ballistics evidence in this case: 1) that co-defendant Jenkins was scubbing his hands with an abasive cleanse when he aived home that night; 2) that co-defendant Jenkins cleaned his gun that night; and 3) that co-defendant Jenkins made a statement to his wife that he 'did a teible thing' and that 'we killed them.' The behavio of co-defendant Jenkins as descibed by his wife is consistent with someone who had just fied a handgun and who was tying to destoy any evidence that he had just fied the handgun. Thee wee only thee (3).380 calibe catidge cases found at the cime scene. Two wee ecoveed nea the suviving victim Peteman and one nea the deceased victim Riggs. Accoding to the State's theoy, M. Mincey shot both victims twice with a lama.380 calibe automatic pistol. f that theoy wee tue, thee should have been a fouth.380 calibe catidge cases at the scene in the vicinity of the deceased victim. A seach of the cime scene with the assistance ofa metal detecto failed to poduce a fouth catidge case. t is significant to note that this scene was secued almost immediately and the paametes of the scene wee known to law enfocement investigatos. 9

11 li E E G E 1~.,- The absence of a fouth.380 catidge case suppots the theoy that a second gun was involved in the shooting of Ms. Riggs that was not an automatic and would theefoe not eject a catidge case. On the night of the cime, Codefendant Jenkins was caying an Aminius.38 calibe evolve which was ecoveed fom Jenkins' house upon his aest the next moning. f Jenkins had fied the fouth shot fom the.38 calibe evolve, that would explain the absence of a fouth catidge case at the scene. A competent ballistics and cime scene investigation of this case would have exploed the possibility that the fatal shot came fom Jenkins'.38 calibe evolve. M. Javis the GB ballistics expet] testified that the one bullet emoved fom M. Peteman and the one nonfatal bullet emoved fom Ms. Riggs wee fied fom the lama.380 calibe automatic pistol that was ecoveed fom M. Mincey's home. Accoding to D. Ebele, the Bibb County Medical Examine, the fatal bullet which enteed the ight side of Ms. Riggs' skull exited though Ms. Riggs neck on the ight side. D. Ebele testified that this bullet was lost: t appaently was in the clothing, because one X-ay showed this othe bullet on the film, but it was not in the body, no was thee any wound to the tunk of he body]; so appaently that othe bullet had fallen in the clothing and got lost. D. Ebele also testifies that the wounds to Ms. Riggs ae consistent with a.38 bullet, the actual calibe of the evolve that codefendant Jenkins had at the obbey. Pope cime scene and evidence handling techniques would have assued that the fatal bullet was ecoveed, taken into police custody and popely tested. No such tests wee done because the bullet was appaently lost in the confines of a bightly lit and steile emegency oom o, moe likely, afte the body and clothes wee taken into police custody. Even moe toubling is the fact that thee is no evidence that a follow up investigation was conducted to find the 'lost' fatal bullet afte it became appaent that the bullet was pesent in Ms. Riggs clothes when the x-ays wee taken at the hospital. Because of impope police conduct, the fatal bullet was "lost" and neve examined o tested. A visual inspection of the bullet could have confimed whethe it was a.38 calibe o a.380 calibe bullet. Although both calibe bullets ae essentially same diamete, the.38 calibe bullet is longe than the.380 calibe bullet. Because of the diffeent pofile and size between the.38 10

12 )"' '. l" - p, E. calibe and the.380 calibe bullet, the x-ays of Ms. Riggs may povide evidence to suppot whethe the fatal bullet came fom the lama.380 o the Aminius.38 depending on the quality of the x-ay and the position of the bullet. Again, thee is no indication that the x-ay was eve examined fo such puposes. Well established foensic ballistic pocedues would have ensued that such an examination was conducted. Accoding to the Bibb County Coone's Office and the Geogia Bueau of nvestigation, the x-ays ae not in thei ecods on this case, thus making a cuent examination impossible. Finally, feel compelled to note one othe toubling aspect about the handling of the ballistics evidence in this case. The ecods indicate and Ms. Chavies confims that Jenkins' Aminius.38 calibe evolve was eleased to he on Septembe 30, This is unpecedented in my expeience. n my thity thee yeas of wok in this field, have neve known of a fieam being etuned to a defendant's family membe when that weapon was used in the couse of a seious felony. Based upon my eview of these mateials, it is my expet opinion that an insufficient investigation was conducted concening the ballistics evidence in this case and that impope evidence handling techniques esulted in the loss of cucial evidence necessay to detemine the calibe weapon which fied the fatal shot. futhe opine that the available evidence suppots the theoy that the fatal shot to Ms. Riggs was fom the Aminius.38 calibe evolve. The absence of a fouth.380 calibe catidge case is inconsistent with the bullet being fied fom the lama.380 and consistent with the bullet being fied fom a evolve. Moeove, D. Ebele testified that the fatal wound was consistent with a wound fom a.38 calibe bullet. Because citical evidence - the fatal bullet and the x-ays - have been lost o destoyed, futhe analysis of the ballistics evidence is impossible. See Affidavit of Kelly Fite. Similaly, R. Robet Tessel, thity-yea vetean of homicide and medical examine investigations, has eviewed the case and has made the following conclusions: fully concu with M. Fite's conclusions and the bases fo his conclusions: 1) that the behavio of Jenkins afte the cime as descibed by his wife is consistent with someone who had just fied a handgun and who was tying to destoy any evidence that he had just fied the handgun; 2) that an 11

13 R.,.,. l_ ~~- insufficient investigation was conducted concening the ballistics evidence in this case and that impope evidence handling techniques esulted in the loss of cucial evidence which would have conclusively established the calibe weapon which fied the fatal shot; and 3) that despite the loss of this evidence, the available evidence suppots the theoy that the fatal shot was fom the Aminius.38 calibe evolve. n addition to concuing with these conclusions, offe my pofessional opinion on the following mattes. Based upon my eview of the file of the Bibb County Coone which included colo autopsy photogaphs and the tial testimony of then-bibb County Coone D. eo Ebele, Ms. Riggs sustained two (2) bullet wounds, both to the head.. D. Ebele testified that one of the shots was fatal. The pojectile which caused Ms. Riggs' death enteed on the ight side of he head above he ea and taveled downwad at an almost staight tajectoy and exited fom the ight side of he neck. The autopsy photogaphs show that at the point whee the bullet left the neck it ceated a wound which "gull eyed" the oute layes of the skin. Thee is no indication that it eenteed the body afte exiting the neck. D. Ebele noted on the autopsy chat that thee was a buise on the ight shoulde below the exit wound. This buise is consistent with the tauma caused when the bullet exited the neck and stuck the shoulde. At the time of the autopsy, D. Ebele had the x-ays fom the emegency oom. He obviously saw the "fatal" bullet on the x-ay and initially attibuted it to an old bullet wound on the autopsy chat. By the time of tial, he had concluded that this was actually the fatal bullet that had exited the neck and fell into Ms. Riggs' clothing: t appaently was in the clothing, beca:jse one X-ay showed this othe bullet on the film, but it was not in the body, no was thee any wound to the tunk of he body]; so appaently that othe bullet had fallen in the clothing and got lost. (Tial Tanscipt at 1 00.) concu with D. Ebele's tial testimony that the bullet exited the neck and fell into Ms. Riggs' clothing. This is also consistent with the exit wound and coesponding buise on the ight shoulde as the impact point. As M. Fite opined, pope evidence handling techniques would have pevented the loss of this citical piece of evidence. As noted by D. Ebele in his tial testimony, the nonfatal wound was caused by a bullet that enteed Ms. Riggs' head in the left ea aea. The couse of this bullet's tavel was left to ight, back to font, and downwad. t came to est lodged 12..,,_,., '

14 l. t: l l. c ~, in the skin undeneath the ight cheek. D. Ebele noted a buise on he cheek coesponding to the bullet unde the skin. This type of buising is entiely consistent with the tauma caused when the bullet came to est unde he skin. This phenomenon occus when thee is an object flush against the skin when the bullet impacts the inne side causing the buise. n this case, the location of the nonfatal pojectile in the ight cheek and the coesponding buise on the oute cheek is entiely consistent with a scenaio whee Ms. Riggs becomes incapacitated by the fatal shot and falls to the gound with he ight cheek against the gound when the nonfatal shot is fied at he. Based upon these clea objective factos, it is my expet opinion that the fatal shot was the fist shot. The fact that the fatal bullet penetated Ms. Riggs' skull, canial cavity and the bain membane focing skull shads into the bain and then taveled though the bain ultimately exiting in the ight neck is consistent with the type of wound caused by a high velocity pojectile such as a.38 calibe bullet. The wound inflicted is inconsistent with one that would be ceated by a.380 calibe bullet. The velocity and mass of a.38 calibe bullet, and thus, it's potential fo causing tissue damage, is consideably geate than that of a.380 calibe bullet. This is why vitually all law enfocement agencies issue offices handguns of.38 calibe o geate to insue that the weapon has sufficient "stopping" powe Similaly, it is telling that all thee shots which wee clealy fied by the lama.380 did not exit eithe M. Peteman's no Ms. Riggs' bodies. t is my pofessional opinion that the wound caused by the fatal bullet is consistent with being fied fom the Aminius.38 calibe evolve and not the lama.380 automatic. The suppot fo the State's theoy that M. Mincey fied both shot into Ms. Riggs comes fom the testimony of Jenkins and Jones. The State offeed no physical evidence to suppot the theoy that the fatal shot was fied by M. Mincey. The failue to find a fouth.380 catidge casing at the scene in the vicinity of Ms. Riggs' body completely undemines the testimony of Jones and Jenkins. Thee is no question that if thee indeed was a fouth catidge case pesent at the scene, it would have been found. Evidence Technician Jim Higgins notes in his supplemental epot that the gassy aea whee the body was located was swept with a metal detecto with negative esults. A view of the cime scene photogaphs show that the aea in question is vey defined and coveed by shot timmed gass making a seach fo a casing elatively simple.. n his petial statement taken on Apil 13, 1982 at 1300 hous, Jones indicates that afte shooting Ms. Riggs the 13 : li,i.'-

15 li: E E E E E l ~ E fist time, "Tey Mincey] then walked ove to he and put] the gun about six to twelve inches away fom he head and shot again." At tial, he said that M. Mincey bent down and shot Ms. Riggs again. Tial testimony of M. Jones at 306. Unde eithe scenaio, thee should have been clea signs of stippling and gunpowde esidue aound the bullet enty wound. D. Ebele does not epot the pesence of eithe stippling o gunpowde esidue aound eithe wound on Ms. Riggs. Based upon the statement and testimony of Jones' desciption of the second shot stippling and gunpowde esidue would have been pesent. The absence of stippling is confimed by the photogaphs have viewed of both gunshot wound to Ms. Riggs head. This absence of stippling and gunpowde esidue indicates that the bullets wee fied fom a gun which was moe than thity-six (36) inches away fom Ms. Riggs when fied which is entiely inconsistent with eithe scenaio pesented by Jones. n any ciminal case whee you have two o moe copepetatos who ae poviding evidence against anothe pepetato, investigatos need to be cognizant of the whethe the coopeating co-pepetatos had an oppotunity to ''get thei stoy togethe." n this case, Jones and Jenkins both confim in thei petial statements and tial testimony that afte the cimes Jones dopped M. Mincey off fist. This povided Jones and Jenkins the oppotunity to coodinate thei stoies. Anothe significant facto to look fo with coopeating copepetatos ae inconsist~nt statements. n this case, thee ae a numbe of statements given by Jones and Jenkins petial and numeous inconsistencies in the statements. Jones signed thee handwitten statements to investigatos on Apil 13, 1982 and gave a fouth statement as evidenced by handwitten notes of the distict attoney. Jenkins signed two handwitten statements to investigato on Apil 13, 1982 and gave a thid statement to the distict attoney. Distict Attoney Spaks agued to the juy duing his closing agument that defense counsel fo M. Mincey did not coss examine Jones and Jenkins about thei petial statements because Jones' and Jenkins' petial statements wee. consistent and contained no substantial diffeences to thei testimony. A eview of Jones' and Jenkins' petial statements eveals numeous inconsistencies and substantial diffeences in thei statements and thei testimony. Moeove, neithe Jones no Jenkins wee fothight with investigatos in thei fist statements and only afte futhe questioning do they eveal additional infomation. Finally, some of the moe damaging details that ae offeed against M. Mincey appea fo the fist time duing the inteview with the distict attoney, such as the assetion that M. Mincey said " could get the chai fo this." 14

16 c,_,k, E l Because of.. the ugency of this case, am unable to catalog the numeous inconsistencies and discepancies that mitigate Jones' and Jenkins' ole and aggavate M. Mincey's ole. nstead, focus below on the seveal majo factos fom thei statements and testimony which suppot the theoy that Jenkins fied the fatal shot into Ms. Riggs. n the fist two signed statements given by Jones, he does not say that he saw M. Mincey shoot Ms. Riggs. nstead, he said in his fist statement that "Tey stated chasing them and caught the woman. head one shot and Tey un and] go in the ca." n his second statement, Jones stated that "Tey chased them and caught the woman. The othe boy Jenkins] got back in the ca. then head a shot. Tey an back to my ca and got in and said 'ets' go fo it."' n both of these statements, Jones is saying that M. Mincey only shot Ms. Riggs once. n the second statement, he is adding the fact that Jenkins is in the ca befoe he heas the one shot. Jones had a eason fo attibuting only one shot to M. Mincey and fo making sue that Jenkins was in the ca befoe he head the one shot- one eason would.be that Jones fied one of the two shots into Ms. Riggs. t is common fo ciminal defendants who ae attempting to shift blame to anothe to include some aspects of the stoy that ae tue. Attibuting only one shot to M. Mincey in his fist two statements is a significant facto in evaluating Jones' subsequent statements. n his thid signed statement, Jones' stoy evolves to him having seen M. Mincey shoot Ms. Riggs twice: Tey an the woman down holleing "stop, stop" at he. She did stop and thats when he shot he the fist time. guess he shot he in the neck because she gabbed it and went down on he knees. Tey then walked ove to he and the gun about six to twelve inches away fom he head and shot again. n diect contadiction to this statement, Jenkins, who i$ sitting in the same ca as Jones, claims that he could not see M. Mincey shoot Ms. Riggs because the dumpste blocked his view. Accoding to Jenkins, he only saw M. Mincey chase he, head Ms. Riggs say something and then head two shots. Duing his inteview of Jones, the distict attoney seemed to aise the same concen with Jones about the dumpste blocking his view. At tial, Jones gives yet anothe vesion of the Riggs shooting which incopoates the dumpste as an obstacle and shifts back to heaing the shots, but not actually seeing M. Mincey shoot Ms. Riggs: 15 \

17 ~ ~ l-.:.. - l: c E A... Well, head a shot, and saw he hand come up behind he neck like that. Q. You head a shot. Was she still facing in this diection? A. Yes, si. Q. And you head a shot, and you could see this lady that you now know to be Ms. Riggs each back and gab he neck, is that ight? A. Right. Q. What happened afte that? A. Well, she fell out of my view. Q. All ight. Tell us, why was she out of you view, what was blocking you view? A. This dumpste between the ca and whee she was at. Q. How high is that dumpste out thee? A. Just a little less than shoulde height. Q. So if a peson, if you wee sitting in the ca and a peson was standing eect, could you see them ove the dumpste? A. See thei heads and shouldes, that's it..q. What you ae saying is that afte she fell, then, you couldn't see he because of the dumpste, is that ight? A. Yes. Q. Tell us what happened afte that. A. Well, saw Tey's head bend down, and head anothe shot. Q. Tell us what happened afte that, M. Jones. A. Tey just come got back in the ca. Tial Testimony of M. Jones at Moeove, it is significant to note that M. Peteman testified that Jones' Mustang was backed into the lot. This means that Jones' 16

18 '.- T - ' "i,v :, "' G l-~ ~_i;l; F vantage point fom the font seat of the ca could not have been bette than Jenkins' alleged view fom the back seat. None of these majo discepancies wee bought out at tial by M. Mincey's counsel on coss-examination o in closing agument. Jones and Jenkins also tell an entiely diffeent stoy about Jenkins involvement with the McCooks and Ms. Riggs afte they exit the stoe. Accoding to Jones, when the McCooks exited the stoe, Jenkins "pointed towad the ice machine and said 'stand ight ove hee.' The kids done what he said and stood thee." Jones' Apil 13, 1982, 1300 hous statement. His testimony at tial was consistent with this statement. n contast, Jenkins insists that when the McCooks walked out of the stoe they walked past him, aound the cone of the stoe and that was the last he saw of them. Accoding to Jenkins, the McCooks wee gone aound the side of the stoe befoe Ms. Riggs and M. Mincey left the stoe. This glaing discepancy can not be econciled.. The discepancy between Jones and Jenkins continues with Ms. Riggs' exit fom the stoe. Jones claimed that M. Mincey told Ms. Riggs to go ove and stand with Jenkins and the McCooks and that she did that and put he am aound the McCooks. Jones said that Jenkins kept the McCooks and Ms. Riggs thee and watched them as M. Mincey appoached M. Peteman. Accoding to Jones, the McCooks and Ms. Riggs stood at the ice machine with Jenkins until M. Mincey shot M. Peteman. At that point, Jones testified that the McCooks and Ms. Riggs stated to un aound to the back of the stoe. He said the McCooks wee only six to eight feet in font of Ms. Riggs. Jenkins' stoy is nothing like Jones' stoy. As set foth above, Jenkins said the McCooks have aleady left when Ms Riggs comes out of the stoe. Accoding to Jenkins, when Ms. Riggs came out of the stoe he walked away fom the stoe- 1 0 to 15 to 20 feet depending on the statement - so that Ms. Riggs could pass behind him and not be able to identify him. nstead of leaving, Jenkins'. vesion is that Ms. Riggs stays behind him and twice asks him if he was with M. Mincey. Accoding to Jenkins, he pointed to the ea of the stoe to get he to go. The second time, he told he "Go." Jenkins testified that he neve tuned to face Ms. Riggs so she would not ecognize him and did not talk so she would not ecognize his voice. Again thee is no way to econcile Jenkins' testimony with Jones' testimony. The McCooks' petial statements and testimony howeve ae consistent with Jones' vesion of the events in font of the stoe. The McCooks clealy indicated that they emained thee with Jenkins at the ice machine and that 17

19 E E E e 'J when Ms... Riggs came out M. Mincey tuned Ms. Riggs ove to Jenkins and they all stayed thee until M. Peteman was shot and then the McCooks an. n the distict attoney's notes of his inteview of Ms. McCook, he notes that she said that Jenkins took Ms. Riggs when she came out and late took Ms. Riggs towads the ca. The McCooks wee also vey clea that Jenkins neve told them o Ms. Riggs to go o to un. M. Ballad also aises futhe questions about the cedibility to both Jones' and Jenkins' testimony that Jenkins got in the ca befoe Ms. Riggs was shot. Accoding to M. Ballad, afte the gunfie stopped, he epoted seeing seeing white males- not a white mangetting into the ca. A final analysis of the conflict leaves Jenkins' vesion of the stoy at odds with Jones' and the McCooks' vesion. An objective investigato would ask why did Jenkins go to such geat lengths to distance himself fom the McCooks and Ms. Riggs at the font of the stoe. An objective investigato would ask why did Jenkins ty so vey had to convince the juy that Ms. Riggs neve got a look at his face and emained behind him at all times. An objective investigato would ask why would Jenkins be so clealy afaid of Jones' vesion of his ole outside the stoe. The simple and obvious answe would be that Jones' vesion put Jenkins in a position whee he had a motive and oppotunity to shoot Ms. Riggs. She clealy had ample oppotunity to identify him and she was ight thee with him when M. Peteman was shot and the McCooks took off unning. Although Jones and Jenkins both testify that M. Mincey fied both shot into Ms. Riggs, the divegence of thei testimony afte this basic fact calls into seious question Jenkins' actions in font of the stoe. On this point, Jones has no eason to fabicate his stoy. ike his fist two statements in which he attibutes only one shot at Ms Riggs to M. Mincey, his stoy about Jenkins' ole in the font of the stoe ings tue and is suppoted by the McCooks. Jenkins, of couse, who was amed with a.38 calibe evolve had evey eason to fabicate his stoy so as not to put himself at isk of being the peson who had a motive and the best oppotunity to fie the fist and fatal shot into Ms. Riggs. nstead, he wanted to make sue that the juy head that he had no motive - Ms Riggs neve saw his face - and he had no oppotunity - he was at least ten feet in font of Ms. Riggs when M. Peteman was shot. The ecently obtained statements fom Julie Chavies, Mechele McCook] Reagan, James McCook and Joey Holcomb povides new infomation about M. Jenkins' alleged ole in the cimes and shooting of Ms. Riggs. This new evidence is entiely suppoted by the ballistics 18

20 li E E li f',_, evidence, 'and consistent with an analysis of the cime scene. Duing his closing agument, the Distict Attoney conceded that the missing fatal bullet left open a slight oppotunity to aise doubt about who fied the fatal shot. A pofessional analysis of this case and the physical evidence would have povided a substantial oppotunity to show that Jenkins may have been the one who killed Ms. Riggs. The newly discoveed evidence tips the balance towads establishing that the totality of the evidence suppots the theoy that Jenkins inflicted the fist and fatal wound with his Aminius.38 calibe evolve. See Affidavit of R. Robet Tessel. Finally, both Jekins and Jones have admitted the tuth of what happened that night, in diect contadiction to thei tial testimony. Jones has finally admitted that he indeed saw Jenkins shoot Ms. Riggs and that Tey did not kill he. See Affidavit of Jeffey Walsh; Affidavit of David J. Holcomb. Unwilling to elease this infomation himself, Jones has withheld this citical piece of infomation, which is cooboated by witness statements and scientific evidence, in hopes of appeaing befoe this Boad and eceiving his feedom. See Affidavit of Jeffey Walsh. While Jenkins testified at Tey's tial that he was back in the ca at the time Ms. Riggs was shot and could not see he body, he has ecently made statements indicating that he indeed was not in the ca. See Affidavit of John Hanusz. The Distict Attoney's epeated concealment and manipulation of multiple pieces of citical evidence and testimony stongly points to one conclusion- that Tim Jenkins, a fee man, fied the shot that killed Paulette Riggs and that Tey Mincey is scheduled to die fo a mude which he did not commit This is not the only evidence which has been concealed by the posecution in Tey's case. A few yeas befoe the this case, Tey sustained extensive head injuies in a motocycle accident. Distict Attoney Spaks spoke to state psychological examines who told him, "Bain damage in auto accident. Reflexes moe active on one side. This indicates moto muscle powe diffeence. t is possible he might now be moe susceptible to iational behavio." See Notes of Willis Spaks. The substance of this convesation was not disclosed to the defense until habeas copus poceedings in (continued... ) 19.

21 T' E l t~ e., 1~ This point is not ~ost on Tey Mincey's juos: have now eviewed the affidavit of Michele Reagan dated 1 0/19/01, the affidavit of James McCook dated 10/19/01, the affidavit of Julie Chavies dated 10/15/01 and the affidavit of Kelly Fite dated 10/19/01. f these new facts had been pesented to me as a juo in this case, would not have consideed a death sentence to be an appopiate penalty fo Tey Mincey. See Affidavit of ouis Medais. All of the above stongly mitigates against Tey's impending execution and suppots commutation of his sentence. JURORS WOUD HAVE VOTED FOR FE HAD T NOT BEEN FOR THER DESRE TO ENSURE THAT TERRY REMAN N PRSON FOR A ONG TME At the penalty phase of Tey's tial, the Distict Attoney esoted to highly inappopiate scae tactics to bully the juos into sentencing Tey to death: t seems to me that my job was to do eveything could to pevent Tey Mincey fom leaving anothe human being thee on the gound. (Tial Tanscipt "TT", p. 493) A life sentence does not pevent someone fom committing anothe injuy. Thee ae guads in pison, thee ae teaches in pison, and sometimes people escape. What do you think Tey Mincey will do if he escapes? (TT -494) f he gets out, somebody will die. t's just that simple. (TT ) The death penalty is] the only vedict that will absolutely insue that this malicious human being will neve again inflict injuy on anybody the way he's done in this case. (TT- 500) 1. (... continued) the ealy 1990's, ten yeas afte tial. n those habeas poceedings, Tey was evaluated by a psychologist who detemined that Tey suffeed fom.oganic bain damage -a fact that would have undoubtedly influenced the juy's decision in eithe the guilt o penalty phase of Tey's tial. See Affidavit of James D. ason, Ph.D. 20

22 T E p ~. And the question is whethe o not Tey Mincey is going to get a life sentence, the same as Jones and Jenkins], o whethe o not he's going to go to Death Row. (T -509) 2 Neve did the juos lean that Tey would eceive a sentence of life without paole as an habitual offende. Afte the juy was excused, the judge ponounced Tey's sentence: M. Mincey, you have also been found guilty on Count Two of this indictment of the offense of amed obbey. find that this is the fouth felony conviction that you have been convicted of, and sentence you to the Habitual Offende Statute of the state of Geogia. The sentence on Count Two is life in the penitentiay without paole consecutive to the sentence on Count One. TT (emphasis added). The juos wee depived of this citical infomation and thus made a decision pemised on a false choice: Afte evaluating the evidence pesented at tial, concluded that if we (the juy) voted fo a life sentence, thee might be a chance that M. Mincey could be paoled afte seven yeas. felt that a death sentence was the only way to be sue that he would neve be eleased. See Affidavit of ouis Medais. Similaly, Juo Susan S. Stickland has swon: sat on the juy that convicted Tey Mincey and sentenced him to death almost 20 yeas ago. At the end of the evidence, felt that M. Mincey should not be sentenced to death. But was a young woman then and the othe juos wee olde people, and some of them said he ought to be sentenced to death so he wouldn't get out of pison again. didn't think we should sentence him to death, but felt had to go along with the othes. still do not believe that M. Mincey should be put to death. t has been 20 yeas since we sentenced him, and have neve felt that he should be executed. t has weighed vey heavily on my mind eve since. feel that M. Mincey should be sentenced to life impisonment without the possibility of paole. That's what wanted 20 yeas ago, but didn't have that choice. feel that life without paole is the appopiate solution now. 2 The juy had aleady been infomed that both Jenkins and Jones wee eligible fo paole, even with life sentences. 21

23 .,. :i {.,, "" F. u l ;.~ F! E E E See Affidavit of Susan S. Stickland. CONTRARY TO THE ASSERTONS OF THE PROSECUTON, TERRY'S PRSON RECORD HAS BEEN EXEMPARY FOR NNETEEN YEARS, FED WTH SEF-MPROVEMENT AND CARNG AND ASTNG REATONSHPS As a esult of the misinfomation eceived by the juos, they wee coeced into making thei vedict. The paole issue and the manufactued evidence wee not the only untuths pesented to the juos: the posecuto's pedictions of futue violent and assaultive behavio of the Tey Mincey they potayed as a emoseless and meciless kille have poven to be similaly untue. Tey Mincey has gotten into touble while incaceated fo the past nineteen yeas just once. Fouteen yeas ago, he efused on one occasion to place a food tay back on the cat. See Disciplinay Repot. The pefomance sheets composed by his inmate counselos bea out the fact that Tey has been a model inmate. Hee ae some examples: 10/83 11/85 1/86 3/86 11/87 6/88 8/88 6/89 Adjustment to H-3 since aival has been appopiate. Paticipates in cochet pogam. Continues paticipation in cochet pogam and yad spots. Appopiate behavio fo peiod. Continues to eceive visits fom fiends and family. Continues to have coopeative attitude. Tey seems to be coping with daily situation well at this point. Client is encouaged to become involved in high school efeshe couses. Client continues to get along well in the cellblock and no poblems ae f3poted. nmate's behavio continues to be appopiate with no majo poblems o needs assessed. 22

24 E i :! 2/90.,.. Mincey elated no majo poblems o needs this peiod. His behavio in G-1 is satisfactoy. 2/91 No behavio poblems noted duing this peiod. 8/91 He Mincey] spends a lot of his time eading and playing boad games. He paticipates in G-house activities and appeas to get along with the othe inmates. He has pesented no management poblems. 9/91 nmate spends most of his time studying the Japanese language, as he has a Japanese fiend that visits him occasionally. Attitude and behavio appea to be appopiate. 11/91 Mincey has been woking on an afghan which he ecently completed. He has kept himself constuctively occupied and has elated no poblems. 12/91 He is inteested in ogan donation and is eading all available mateial on it and plans to wite lettes so that inmates may be given an oppotunity to donate theis. He does a lot of eading and cocheting. His attitude and behavio continue to be satisfactoy. 8/92 He Mincey] paticipates in the cochet pogam. Keeps himself constuctively occupied. Related no poblems at this time. 4/93 He Mincey] has elated no poblems this month. 6/93 He Mincey] paticipates in cochet pogam and eads a lot. He has elated no poblems this month. 4/94 nmate has elated no poblems this epoting peiod; he has kept a low pofile, pesented no management poblems. 6/94 This inmate does a lot of eading. He has pesented no management poblems. 1 0/94 He Mincey] seems to be able to get aiong with staff/pees. 3/95 Seems to have good staff/pee elationship. File continues to emain DR fee. No majo poblems indicated. 23 E

25 .' E. {... a E. f. "' "'" f 8/95 Behavio is appopiate. 1/96 No behavio poblems noted. 10/96 3/97 12/97 7/98 10/98 2/99 6/99 12/99 5/00 8/00 4/01 See GD&GP Pefomance Sheets. No behavio poblems noted. No behavio poblems noted. No behavio poblems noted. No majo poblems duing this epoting peiod. He Mincey] likes to ead, paticipate in yad call, and does weave caft. Reads a lot, self-impovement mateials. Mincey paticipates in yad call and, does a lot of studying (Japanese), eading. Mincey eads, does cochet occasionally, paticipates in G-house eceation, has caused no management poblems. He Mincey] keeps constuctively occupied by cocheting, paticipating in yad call, eading, eceives some visits including pastoal visits. Attitude and behavio appopiate. Enjoys leaning foeign language. No DR's in the past yea. Reads constantly, stimulating his mind, maintains sobiety. Oveall he appeas to follow institutional ules. Simply put, the ecods have not bone out the posecuto's speculation. They illustate the opposite conclusion. What is seen is a human being with an insatiable thist fo knowledge who has flouished in a contolled, institutional setting, making fiends aound the county and wold and foming caing, stable, and loving elationships with them: The man we see today is humoous, thoughtful, and ceative -he has made me an afghan and on Chistmas knitted a scaf and cap fo me. When the pison Scabble game 24

26 ,~. t G E i boad woe out and with some estiction about puchasing a new one, he made his own game boad and tiles fom plastic. He has calmed me down when became exaspeated at some of the pison ules... explaining to me that someone has abused the pivileges and so estictions became necessay. know Tey has seached to find a way to give life meaning and pupose. He has poposed that death be administeed in such a way that his ogans could be donated to give life to othes. would tust him to speak meaningfully and tuthfully to olde childen might bing to visit him. See ettes Fom Family and Fiends. The testimony this Boad will hea when it convenes will include statements fom people whose lives Tey has touched ove the past nineteen yeas -men, women, and childen to whom tey has been a fiend, a wellsping of humo, and a souce of emotional suppot as they have confonted life's most tying moments- facing up to one's alcoholism, gieving the death of a paent, and suffeing sevee bain injuy as a esult of a ca accident. Tey has been thee fo each of them with gentle comfot and insight. t is eadily appaent that Tey Mincey, as he stands befoe the Boad, is much diffeent fom the twenty-one yea old man who stood befoe a juy in Bibb County in He is a much diffeent individual fom the one that was involved in the tagic events of Apil12, He is well awae that his actions that fateful evening hut many people and expesses continual emose egading his ole. This emose will be evident in the live testimony that is pesented to this boad and is evident in the included lettes fom Tey's family and fiends. Fo example, a longtime fiend notes, Tey indicated to me that he was so ovewhelmed by what had happened that he found it had to imagine how he could eve begin to make amends o elieve the buden of guilt, which included not only what had happened to the cime victims, Peteman and Riggs, but thei families and even to his own. See ettes Fom Family and Fiends. Tey himself has eflected long and had ove the events of Apil 12, 1982 and his ole in those events. n an attempt to explain his 25

27 pocess of self-examination, (because he acknowledges he has no explanation fo the tagedy itself), he has efeed close fiends to the following passage fom Chaim Potok's Wandeings: This happens: a man will pefom a sudden unthinking act of heoism o hoo, and then spend much of his life in an effot to penetate into himself and seach out the hidden souce of his deed. Often thee is no souce othe than the iationality that is the undegound ocean upon which ou species floats. Often he will invent a souce, and that will be his fail aft of eason. But on occasion he will discove feelings and ideas buied deep within himself, fightening ideas, fo they ae at odds with eveything he has been taught to hold dea - and yet somehow they seem to him buning and blinding with tuthand he will ty to see the shape of them, but they may yet be without fom though he. senses thei powe and is altenately attacted and epelled by thei luminescence. Then he will haul them out of himself and stae at them in fea and astonishment, as does Moses in the wildeness. O, in Tey's own wods, much simple, Maybe eveyone doesn't want help but know a few such as me do want help. Remose is a wod neve felt o thought about until got myself into this. How anyone can be happy with what happened beats the hell out of me. can't change what has happened but know that can ty to help in the pevention of it happening again. 1 don't have the expet knowledge to wite a book but 'm going to ty and use enough fist hand knowledge to make notes so someone can make something useful to help people. CONCUSON On behalf of Mit'chell Tey Mincey,, Amy Geshenfeld Donnella, Counsel fo the Petitione, espectfully equest that the Boad ode commutation of his death sentence. This case is deseving of elief. The evidence shows that the co-defendant most culpable in the mude of Paulette Riggs, Tim Jenkins, eceived only a ten yea 26

28 E G E sentence. The evidence shows wholly impope conduct used by the posecution fo the pupose of secuing a death sentence. The evidence shows that Tey Mincey did not fie the fatal shot fo which he is about to be executed. Similaly, the evidence shows that the Tey Mincey that took pat in the tagic events of Apil 12, 1982 is not the same Tey Mincey that asks fo the mecy of this Boad today. The evidence shows that Tey Mincey has shown exemplay behavio while incaceated and is a thoughtful and caing individual who has much to offe to the wold aound him. The evidence shows that Tey has eniched the lives of many of us who know him, who love him, whose lives would be diminished by his death. beg of this Boad to gant Mitchell Tey Mincey's plea fo mecy. FED THS J.J,...;. DAY OF OCTOBER, / ERSHENFE D DONNEA COUNSE FOR MTCHE TERRY MNCEY 27.

29 , G ': "" E E NDEX OF EXHBTS Affidavit of Mechele McCook Reagan Affidavit of James McCook Affidavit of Julie Chavies Affidavit of R. Robet Tessel Affidavit of Kelly Fite Affidavit of David J. Holcomb Affidavit of Jeffey Walsh Affidavit of John Hanusz Affidavit of ouis Medais Affidavit of Susan S. Stickland DOC Pintout e: Robet Jones DOC Pintout e: Timothy Jenkins Ode of Commutation fo Timothy Jenkins Notes of Willis Spaks Affidavit of James D. ason, Ph.D. GD&CP Disciplinay Repot GD&CP Pefomance Sheets ettes fom Family and Fiends.~ b

30 E l~ ~ E State of Geogia County ofbibb AFFDAVT OF M.i!:HEE M. REAGAN, MlCHEE M REAGAN, having been duly swon heeby says: l. My name is Michele M. Reagan. am ove twenty-one yeas of age and competent to testify to the tuth of the mattes set foth heein. 2. My maied name is Michele M. Reagan. My m&den name was Michele M. McCook. ~ ~ wa.s at the Mini Foods stoe on Houston ~in Macon the night Paulette Riggs and M. Peteman wee shot. testified at Tey Mincey's mude tial about some of what happened that night. 3. My bothe, Bubba McCook, and wee inside the 'Mini Foods stoe when Tey Mincey came inside with a gun. M. Mincey odeed us to go outside and get into a ca. As we walked towads the cas, saw anothe man standing nea the ice machine that was at the come of the stoe. His ams wee cossed and in his hand, which was esting on his foeam, was a hand gun. He was with Tey Mlncey that night. late found out that his name was Tim Jenkins. 1"\ ~'*"" 4. Jenkins was holding his hand gun in plain view. ;p,'ju ~deed me and my bothe to {\'\ ~-- t;._;.. A t-v~..:> A6o J ~ walk aound to the side of the stoe. Thee was a tash dumpste back thee alii 11 -st:aad next to it. Jenkins then came aound to the side ofthe building with Paulette Riggs. He had Ms. Riggs by the am and he had his gun pointed at he. About this same time, Tey Mincey went out towad the gas pumps and shot M. Peteman. 1.,

31 ' T ~ E l' ~ u..- l:~ E. T ' i i 5. My bothe tolp me to un once we saw M. Peteman get shot. My bothe said something about making a beak fo it and we did. As an away fom the stoe, Jenkins was ) (\\'- holding Paulette Riggs by the am with the gun pointed -h'-'"' J k-c tkcl ' '0 6. fell down about thee times as was unning away and decided to stay on the gound and play dead. My bothe kept unning and knocked on the doo of a neaby house. As we wee jo<-~ o f', V<!.- (Ylp._ unning away, head ~oe shots. also head Ms. Riggs sceam. 7. spoke with Distict Attoney Will Spaks that night and told him about the infomation in this affidavit. emembe being in his ca and telling him what happened. Pio to my testimony at M. Mincey's tial, Distict Attoney Spaks told me to only answe the questions that he asked me. 8. Tim Jenkins neve told us to un that night. My bothe and an that night afte M. Peteman was shot because we believed that Jenkins was going to shoot and kill us. know that Jenkins has been eleased fom pison. am concened about poviding this infomation because am afaid that Jenkins will ham me, my family and my bothe if he leans about my statement. am vey toubled by how this case was handled. do not undestand how Distict Attoney Spaks could give Mincey the death penalty while Jenkins is out of pison and a fee man. This eally bothes me because the last thing saw befoe an away was Jenkins holding a gun on Ms. Riggs and told that to Distict Attoney Spaks. Because of what saw, can not help but think that Jenkins may have shot Ms. Riggs. 2

32 f "' E t? :: ' " ' swea the foegoing is tue and accuate to the best of my knowledge this j_j_ day of Octobe, FURTHER AFFANT SATH NAUGHT. Swon to and subscibed to b~~e this J.0_:t::ffity of Octobe, NOTARY PUBC, STATE OF G.ovJ~Qt:""'---- Notay Public. Clake. County, Geogia My CommiSSO"' Expie. June 9, ~,_ '

33 T : E l -. ~{i.()'j.( * ti..~c- ~~ tc~.-..,a y c.f J 11J8 \. ta-'f /'J~ a.> '3~ f\ t C t «tc.. : ~ c.._,..,._ 'f4e. f.s t,... c:k ~,ltet ~v /J.fl-!0 ~at.:: 7?J (.tf1cfy ~ T M77~. s.ot.f.~ 1:{-e.#l "' 2. fn k 1t ~y J~M t.l B... ~,,.. :. ( ejl,((l.j:> N ta~tc"' i,j 15~1... "'J_ J ~ t.j, :.,,.., ~ (J, /4.A.;t.-v 1\1 ~.s ~ M AJ( f y..> ""~ 1.1- (/lo){.. -~.,,,t.o 11 ~ ~ c- 1tK- "1 fl 1 V.>5 '"'flul ~ (1('l ~,- '1' U ""' W f c. C.{)..n c 1l.:(. ~,._; t-{ 4vj1 C N ft.cj.- D 3. -;i:.. w.;:s '-'~ "t t~e,., 'M f " o st~ w 1H "'"Y ~J1~,. ~' t l.t f t. ~' C t-4../f...i AA.l) P~,~ T7t f1...t 55 J, "T '-1-1-y P we< 7' ~.N "f"l-t.. j't lo1 ~ ~VJ Pt.~...( tz.-o 11- ~"" "'T ~ '-'.. ot-ow ~ JMJ fl'-'/.scs < n '-o "v'v O~ f't f., J-...~ ll~.a'l 11Ae fa. 3 J fl.#g- ST~ )Jflio a; tl ~ Pe_ ~~,.,.,-.v.lf\6.-w,~ T~ _ i4t,u, it.bll,. /~o,..,"'. 1. 'T«u s~ u~,..,.~ ~ tv J'N. JJ 1,"' J 6 *, -vj _ ~t!_ ~./ll).,._"'( J't1l ~ '-'*(. ~ c v*-' 'fc ~.SCk ~ T7l ~ (..dl ( "" 1 c J7 -..,... f J.e."" t-.hj _C.~ C1l ~ 1' ~ J f o.(_. ~ 1~ 6""' ta(,.w.s w flh M~- {(..t!jj.j ~ ~ ~ By ~ ~. ~ k-:l po,z(.nj t,.. 1\1,4l ( -.

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35 i u li u.. State of Geogia County of Clayton AFFDAVT OF JUE CHAVES, JUE CHAVES, having been duly swon heeby says: 1. My name is Julie Chavies. am ove the age oftwenty-one and competent to testify to the mattes set foth heein. 2. was maied to Tim Jenkins fo about one yea back in Tim was aested, along with Tey Mincey and Bobby Jones, about two weeks afte Tim and wee maied. They wee chaged with mude and all thee of them went to pison. didn't divoced Tim until afte he went to pison. 3. spent some time with Tey on the night of the mude. emembe that he stopped by ou place and was upset with his gilfiend. Tey stayed fo a while and then left. was in school at the time and studying, so stayed home. 4. ate that night Tim came home eally late. He was vey nevous, pacing aound, and mumbling to himself. got up and saw that he was in the bathoom scubbing his hands with Ajax. Afte scubbing his hands, he cleaned his gun. Tim bought the gun a few weeks befoe this happened. Tim was vey hype while cleaning his gun. emembe asking him what was going on and he kept saying that he was with Tey and that they did a teible thing. Tim did not want to tell me too many details about what had happened ealie that night, but he did say that he had to figue out what to do because of the mess that him and Tey had gotten themselves into. At one point, Tim said, " did a tem1>1e thing - we wee getting high and iding aound and we killed them." didn't know what to think. 1

36 T l: " T 5. The police came to the house the next moning and aested Tim. They also seached ou place and took Tim's gun. was stunned that moning when the police showed up. just couldn't believe that Tim was seious when he said something about him and Tey killing someone. The police etuned Tim's gun to me a few months late. gave the gun to my fathe, and as fa as know, he still has Tim's gun. 6. talked with the Distict Attoney Spaks not too long afte Tim was aested and he told me that Tim was going to be h~ld esponsible fo the woman's death. told the Distict ' Attoney Spaks what happened when Tim came home late that night. told him about Tim scubbing his hands, cleaning his gun and the statement he made about him doing a teible thing. Sometime shotly afte my convesation with Distict Attoney Spaks, Tim told me that he was going to plead guilty. met with Distict Attoney Spaks and someone else fom his office seveal time afte this. They wanted my help in posecuting Tey and said it would help my husband. Distict Attoney Spaks neve asked me again about what Tim did o said that night. They wee moe inteested in Tey. They asked me about statements Tey made to me while in jail. Tey neve would talk to me about what Tim did that night. He said that he was "not a snitch." 7. can still emembe bow supised and fightened was when leaned about the things that Tim and Tey had done to those people at the gas station that night. just couldn't believe that was maied to a man who would do such a thing and was thankful that be neve hut me. 8. Afte Tey Mincey was put on death ow, one of his lawyes came to see me. signed an affidavit in Septembe Tey's lawye told me that Tim testified that he was in the ca 2

37 c { ~ ~ E,.,... when the woman was killed and he neve fied his gun. All could think about was that Tim had just got out of pison. did not tell Tey's lawye about Tim scubbing his hands and cleaning his gun. didn't eally want to tell Tey's lawye about how Tim was nevous and all of the things that he was saying and doing that night. knew that Tim had just gotten out of pison and did not want him to find out that was telling on him. was so afaid that Tim would hut me if was saying something that would send him back to pison o to death ow. 9. When was talking to Tey's lawyes in 1993, emembe telling them that it was not fai that Tim got out of pison while Tey was on death ow. Howeve, did not tell them about Tim scubbing his hands and cleaning his gun because was teified and figued that M. Spaks would know that it wasn't fai that Tey was on death ow and Tim was out of pison. figued that M. Spaks would fix it and make it fai. So just told Tey's lawyes that Tim said something bad happened and that thought it involved dugs. just didn't know what else to do because was fightened have ecently been contacted again by people woking with Tey's lawye. They told me Tim is still out of pison and Tey is scheduled to be executed on Octobe 251h. As we wee talking about what happened at the gas station, told them about what happened that night when Tim came home. told them about Tim scubbing his hands and cleaning his gun and how Tim told me that he was thee when the lady was killed. now feel that have to talk about what Tim did when he came home the night afte the woman was killed and what he said to me while in jail befoe Tey~s tial. always thought that M. Spaks would make sue that the judge knew what told him about Tim. now know that neve happened. 3

38 li.,, t l l Octobe, ~ swea the foegoing is tue and accuate to the best of my knowledge this~ day of FURTHER AFFANT SATH NAUGHT. JUE HAVES ~k. Swon to and subscibed to befoe me this.k* day ofoctobe,

39 ...: li b F 1 -.k. STATE OF GEORGA COUNTY OF FUTON AFFDAVT OF R. ROBERT TRESSE Pesonally appeaed befoe the undesigned office duly authoized by law to administe oaths, R. Robet Tessel, who being duly swon, states as follows: 1., R. Robet Tessel, am a foensic investigato in pivate pactice. Ove the couse of the past twenty-seven yeas as a Homicide nvestigato and as a Medical Examine's nvestigato, have pocessed and examined ove five hunded homicide scenes in the State of Geogia. A copy of my cuiculum vitae is attached to this affidavit. 2. This past week, was etained by counsel fo Mitchell Tey Mincey, to eview and examine evidence egading the homicide of Paulette Riggs and the assault of Russell Peteman in Bibb County, Geogia on Apil 12, was asked to analyze the available infomation egading the cime scene and the physical evidence collected and to povide my pofessional opinion as to whethe the evidence suppots the State's theoy of the homicide case- that M. Mincey was esponsible fo fiing both shots that stuck Ms. Riggs. have also been asked to povide my expet opinion as to whethe the statements and testimony fom M. Mincey's two copepetatos is consistent with the physical evidence and the State's theoy of the homicide. 3. n the couse of my analysis, have eviewed the following documents: Guilt Phase Summations; GB DOFS epots (4/28/82, 5/3/82) GB Autposy Repot (Pauiette Riggs) (4/21/82); GB Autposy Repot (Paulette Riggs) (4/21/82); Bibb Co. Medical Examine's Repot (4/14/82); Notes on Autopsy of Paulette Riggs (composed by Capt. J.M. Modena, n.d.); Retun Slip fo Jenkins'.38 Anninius (9/30/82); ist- "Evidence Not Taken To Cime ab"; 1

40 E l " -~ Tial Testimony of Jim Higgins (BCSO); Tial Testimony of D. eo Ebele (Bibb Co. ME); Tial Testimony of Jay Javis(GB); Affidavit of Julie Chavies (1 0/15/01 ); Cime Scene Diagam (nv. Smallwood, 4/13/82); Photo of lama.380 (ecoveed fom Mincey esidence); Supplemental Repot of Jim Higgins e: Cime Scene nvestigation ( 4/15/82, 4/16/82); Ambulance Tip Repot/Hospital Recod (Paulette Riggs); Body Diagam (Paulette Riggs); DA's Sketch of Cime Scene; Oiginal Statement of James "Bubba" McCook (aka McCulloch); DA's nteview Notes of James "Bubba" McCook (aka McCulloch); Tial Testimony of James "Bubba" McCook (aka McCulloch); Oiginal Statement ofmechele McCook; DA's nteview Notes ofmechele McCook; Tial Testimony ofmichele McCook; Oiginal Statement of Russell Peteman; Tial Testimony ofrussell Peteman; Statement of Timothy Jenkins (4/12/82); Statement of Timothy Jenkins (4/13/82); DA's Notes oflnteview with Timothy Jenkins; Tial Testimony of Timothy Jenkins; Statement ofrobet Jones (4/13/82); Statement ofrobet Jones (4/13/82) (unedited); Statement of Robet Jones (4/13/82) (edited); DA's notes oflnteview of Robet Jones; Tial Testimony of Robet Jones, Affidavit of James McCook, Affidavit ofmechele Reagan, Affidavit of John Hanusz, Affidavit of Jeffey Walsh, Affidavit of Kelly Fite, Affidavit of David Holcomb and the file of the Bibb County Coone which included colo photogaphs of the scene and the autopsy of Ms. Riggs. 4. fully concu with M. Fite's conclusions and the bases fo his conclusions: 1) that the behavio of Jenkins afte the cime as descibed by his wife is consistent with someone who had just fied a handgun and who was tying to destoy any evidence that he had just fied the handgun; 2) that an insufficient investigation was conducted concening the ballistics evidence in this case and that impope evidence handling techniques esulted in the loss of cucial evidence 2

41 ~ '., E E which would have conclusively established the calibe weapon which fied the fatal shot; and 3) that despite the loss of this evidence, the available evidence suppots the theoy that the fatal shot was fom the Aninius.38 calibe evolve. n addition to concuing with these conclusions, offe my pofessional opinion on the following mattes: THE FATA SHOT WAS THE FRST SHOT 5. Based upon my eview of the file of the Bibb County Coone which included colo autopsy photogaphs and the tial testimony of then-bibb County Coone D. eo Ebele, Ms. Riggs sustained two (2) bullet wounds, both to the head.. D. Ebele testified that one of the shots was fatal. The pojectile which caused Ms. Riggs' death enteed on the ight side of he head above he ea and taveled downwad at an almost staight tajectoy and exited fom the ight side of he neck. The autopsy photogaphs show that at the point whee the bullet left the neck it ceated a wound which "gulleyed" the oute layes of the skin. Thee is no indication that it eenteed the body afte exiting the neck. D. Ebele noted on the autopsy chat that thee was a buise on the ight shoulde below the exit wound. This buise is consistent with the tauma caused when the bullet exited the neck and stuck the shoulde. At the time of the autopsy, D.. Ebele had the x-ays fom the emegency oom. He obviously saw the "fatal" bullet on the x-ay and initially attibuted it to an old bullet wound on the autopsy chat. By the time of tial, he had concluded that this was actually the fatal bullet that had exited the neck and fell into Ms. Riggs' clothing: t appaently was in the clothing, because one X-ay showed this othe bullet on the film, but it was not in the body, no was thee any wound to the tunk of he body]; so appaently that othe bullet had fallen in the clothing and got lost. 3

42 .. E ' (Tial Tanscipt at 100.) l.concu with D. Ebele's tial testimony that the bullet exited the neck and fell into Ms. Riggs' clothing. This is also consistent with the exit wound and coesponding buise on the ight shoulde as the impact point. As M. Fite opined, pope evidence handling techniques would have pevented the loss of this citical piece of evidence. 6. As noted by D. Ebele in his tial testimony, the nonfatal wound was caused by a bullet that enteed Ms. Riggs' head in the left ea aea. The couse of this bullet's tavel was left... 1 "" / l -, F to ight, back to font, and downwad. t came to est lodged in the skin undeneath the ight cheek. D. Ebele noted a buise on he cheek coesponding to the bullet unde the skin. This type of buising is entiely consistent with the tauma caused when the bullet came to est unde he skin. This phenomenon occus when thee is an object flush against the skin when the bullet impacts the inne side causing the buise. n this case, the location of the nonfatal pojectile in the ight cheek and the coesponding buise on the oute cheek is entiely consistent with a scenaio whee Ms. Riggs becomes incapacitated by the fatal shot and falls to the gound with he ight cheek against the gound when the nonfatal shot is fied at he. Based upon these clea objective factos, it is my expet opinion that the fatal shot was the fist shot. THE FATA SHOT WAS FRED FROM A HGH VEOCTY HANDGUN CONSSTENT WTH THE ARMNUS.38 REVOVER 7. The fact that the fatal bullet penetated Ms. Riggs' skull, canial cavity and the bain membane focing skull shads into the bain and then taveled though the bain ultimately exiting in the ight neck is consistent with the type of wound caused by a high velocity pojectile such as a.38 calibe bullet. The wound inflicted is inconsistent with one that would be ceated by a.380 calibe bullet. The velocity and mass of a.38 calibe bullet, and thus, it's potential fo causing 4

43 . ~~ tissue damage, is consideably geate than that of a.380 calibe bullet. This is why vitually all law enfocement agencies issue offices handguns of.3 8 calibe o geate to insue that the weapon has sufficient "stopping" powe Similaly, it is telling that all thee shots which wee clealy fied by the lama.380 did not exit eithe M. Peteman's no Ms. Riggs' bodies. t is my pofessional opinion that the wound caused by the fatal bullet is consistent with being fied fom the Aminius.38 calibe evolve and not the lama.380 automatic. THE PHYSCA EVDENCE S NCONSSTENT WTH STATEMENTS OF THE CO-PERPETRATORS 8. The suppot fo the State's theoy that M. Mincey fied both shot into Ms. Riggs comes fom the testimony of Jenkins and Jones. The State offeed no physical evidence to suppot the theoy that the fatal shot was fied by M. Mincey. The failue to find a fouth.380 catidge casing at the scene in the vicinity of Ms. Riggs' body completely undemines the testimony of Jones and Jenkins. Thee is no question that if thee indeed was a fouth catidge case pesent at the scene, it would have been found. Evidence Technician Jim Higgins notes in his supplemental epot that the gassy aea whee the body was located was swept with a metal detecto with negative esults. A view of the cime scene photogaphs show that the aea in question is vey defined and coveed by shot timmed gass making a seach fo a casing elatively simple. 9. n his petial statement taken on Apil 13, 1982 at 1300 hous, Jones indicates that afte shooting Ms. Riggs the fist time, "Tey Mincey] then walked ove to he and put] the gun about six to twelve inches away fom he head and shot again." At tial, he said that M. Mincey bent down and shot Ms. Riggs again. Tial testimony ofm. Jones at 306. Unde eithe 5

44 . ' 12. E '.' scenaio, thee should have.. been clea signs of stippling and gunpowde esidue aound the bullet enty wound. D. Ebele does not epot the pesence of eithe stippling o gunpowde esidue aound eithe wound on Ms. Riggs. Based upon the statement and testimony of Jones' desciption of the second shot stippling and gunpowde esidue would have been pesent The absence of stippling is confimed by the photogaphs have viewed of both gunshot wound to Ms. Riggs head. This absence of stippling and gunpowde esidue indicates that the bullets wee fied fom a gun which was moe than thity-six (36) inches away fom Ms. Riggs when fied which is entiely inconsistent with eithe scenaio pesented by Jones. THE STATEMENTS OF THE CO-PERPETRATORS SUPPORT THE THEORY THAT JONES FRED THE FATA SHOT.. {,, ( - k. 10. n any ciminal case whee you have two o moe co-pepetatos who ae poviding evidence against anothe pepetato, investigatos need to be cognizant of the whethe the coopeating co~pepetatos had an oppotunity to "get thei stoy togethe." n this case, Jones and Jenkins both confim in thei petial statements and tial testimony that afte the cimes Jones dopped M. Mincey off fist This povided Jones and Jenkins the oppotunity to coodinate thei stoies. 11. Anothe significant facto to look fo with coopeating co-pepetatos. ae inconsistent statements. n this case, thee ae a numbe of statements given. by Jones and Jenkins petial and numeous inconsistencies in the statements. Jones signed thee handwitten statements to investigatos on Apil 13, 1982 and gave a fouth statement as evidenced by handwitten notes of the distict attoney. Jenkins signed two handwitten statements to investigato on Apil 13, 1982 and gave a thid statement to the distict attoney. Distict 6

45 {1 jjz. E ~.. -~ E.. Attoney Spaks agued to"the juy duing his closing agument that defense counsel fo M. Mincey did not coss examine Jones and Jenkins about thei petial statements because Jones' and Jenkins' petial statements wee consistent and contained-no substantial diffeences to thei testimony. A eview ofjones' and Jenkins' petial statements eveals numeous inconsistencies and substantial diffeences in thei statements and thei testimony. Moeove, neithe Jones no Jenkins wee fothight with investigatos in thei fist statements and only afte futhe questioning do they eveal additional infomation. Finally, some of the moe damaging details that ae offeed against M. Mincey appea fo the fist time duing the inteview with the distict attoney, such as the assetion that M. Mincey said " could get the chai fo this." Because of the ugency of this case, am unable to catalog the numeous inconsistencies and discepencies that mitigate Jones' and Jenkins' ole and aggavate M. Mincey's ole. nstead, focus below on the seveal majo factos fom thei statements and testimony which suppot the theoy that Jenkins fied the fatal shot into Ms. Riggs. 12. n the fist two signed statements given by Jones, he does not say that he saw M. Mincey shoot Ms. Riggs. nstead, he said in his fist statement that "Tey stated chasing them and caught the woman. head one shot and Tey un and] go in the ca." n his second statement, Jones stated that "Tey chased them and caught the woman. The othe boy Jenkins] got back in the ca. then head a shot. Tey an back to my ca and got in and said 'ets' go fo it.'" n both of these statements, Jones is saying that M. Mincey only shot Ms. Riggs once. n the second statement, he is adding the fact that Jenkins is in the ca befoe he heas the one shot. Jones had a eason fo attibuting only one shot to M. Mincey and fo making sue that Jenkins was in the ca befoe he head the one shot- one eason would be that Jones fied one of 7

46 the two shots into Ms. Riggs. t is common fo ciminal defendants who ae attempting to shift blame to anothe to include some aspects of the stoy that ae tue. Attibuting only one shot to M. Mincey in his fist two statements is a significant facto in evaluating Jones' subsequent statements. 13. n his thid signed statement, Jones' stoy evolves to him having seen M. Mincey shoot Ms. Riggs twice: Tey an the woman down holleing "stop, stop" at he. She did stop and thats when he shot he the fist time. guess he shot he in the neck because she gabbed it and went down on he knees. Tey then walked ove to he and the gun about six to twelve inches away fom he head and shot again. n diect contadiction to this statement, Jenkins, who is sitting in the same ca as Jones, claims that he could not see M. Mincey shoot Ms. Riggs because the dumpste blocked his view. ~ Accoding to Jenkins, he only saw M. Mincey chase he, head Ms. Riggs say something and then head two shots. Duing his inteview of Jones, the distict attoney seemed to aise the same concen with Jones about the dumpste blocking his view. At tial, Jones gives yet anothe vesion of the Riggs shooting which incopoates the dumpste as an obstacle and shifts back to heaing the shots, but not actually seeing M. Mincey shoot Ms. Riggs: A. Well, head a shot, and saw he hand come up behind he neck like that. Q. You head a shot. Was she still facing in this diection? A. Yes, si. Q. And you head a shot, and you could see this lady that you now know to be Ms. Riggs each back and gab he neck, is that ight? 8

47 f! ~~ "' i l ~. ~ i A.,, Right Q. What happened afte that? A. Well, she fell out of my view. Q. All ight Tell us, why was she out of you view, what was blocking you view? A. This dumpste between the ca and whee she was at Q. How high is that dumpste out thee? A Just a little less than shoulde height. Q. So if a peson, if you wee sitting in the ca and a peson was standing eect, could you see them ove the dumpste? A. See thei heads and shouldes, that's it. Q. What you ae saying is that afte she fell, then, you couldn't see he because of the dumpste, is that ight? A Yes. Q. Tell us what happened afte that. A. Well, saw Tey's head bend down, and head anothe shot. Q. Tell us what happened afte that, M. Jones. A Tey just come got back in the ca. Tial Testimony ofm. Jones at Moeove, it is significant to note that M. Peteman testified that Jones' Mustang was backed into the lot. This means that Jones' vantage point fom the font seat of the ca could not have been bette than Jenkins' alleged view fom the back seat. None of these majo discepancies wee bought out at tial by M. Mincey's counsel on coss-examination o in closing agument. 9 l-

48 t h l li 14. Jones and Jenkins also tell an entiely diffeent stoy about Jenkins involvement with the McCooks and Ms. Riggs afte they exit the stoe. Accoding to Jones, when the McCooks exited the stoe, Jenkins "pointed towad the ice machine and said 'stand ight ove hee.' The kids done what he said and stood thee." Jones' Api113, 1982, 1300 hous statement. His testimony at tial was consistent with this statement. n contast, Jenkins insists that when the McCooks walked out of the stoe they walked past him, aound the cone of ~he stoe and that was the last he saw of them. Accoding to Jenkins, the McCooks wee gone aound the side of the stoe befoe Ms. Riggs and M. Mincey left the stoe. This glaing discepancy can not be econciled. 15. The discepancy between Jones and Jenkins continues with Ms. Riggs' exit fom the stoe. Jones claimed that M. Mincey told Ms. Riggs to go ove and stand with Jenkins and the McCooks and that she did that and put he am aound the McCooks. Jones said that Jenkins kept the McCooks and Ms. Riggs thee and watched them as M. Mincey appoached M. Peteman. Accoding to Jones, the McCooks and Ms. Riggs stood at the ice machine with Jenkins until M. Mincey shot M. Peteman. At that point, Jones testified that the McCooks and Ms. Riggs stated to un aound to the back of the stoe. He said the McCooks wee only six to eight feet in font of Ms. Riggs. Jenkins' stoy is nothing like Jones' stoy. As set foth above, Jenkins said the McCooks have aleady left when Ms Riggs comes out of the stoe. Accoding to Jenkins, when Ms. Riggs came out of the stoe he walked away fom the stoe- 10 to 15 to 20 feet depending on the statement - so that Ms. Riggs could pass behind him and not be able to identify him. nstead of leaving, Jenkins' vesion is that Ms. Riggs stays behind him and twice asks him if he was with M. Mincey. Accoding to Jenkins, he pointed to the ea of the stoe to 10 f

49 E 'h u {" get he to go. The second.. time, he told he "Go." Jenkins testified that he neve tuned to face Ms. Riggs so she would not ecognize him and did not talk so she would not ecognize his voice. Again thee is no way to econcile Jenkins' testimony with Jones' testimony. 16. The McCooks' petial statements and testimony howeve ae consistent with Jones' vesion of the events in font of the stoe. The McCooks clealy indicated that they emained thee with Jenkins at the ice machine and that when Ms. Riggs came out M. Mincey tuned Ms. Riggs ove to Jenkins and they all stayed thee until M. Peteman was shot and then the McCooks an. n the distict attoney's notes of his inteview ofms. McCook, he notes that she said that Jenkins took Ms. Riggs when she came out and late took Ms. Riggs towads the ca. The McCooks wee also vey clea that Jenkins neve told them o Ms. Riggs to go o to un. M. Ballad also aises futhe questions about the cedibility to both Jones' and Jenkins' testimony that Jenkins got in the ca befoe Ms. Riggs was shot. Accoding to M. Ballad, afte the gunfie stopped, he epoted seeing seeing white males - not a white man - getting into the. ca A final analysis of the conflict leaves Jenkins' vesion of the stoy at odds with Jones' and the McCooks' vesion. An objective investigato would ask why did Jenkins go to such geat lengths to distance himself fom the McCooks and.ms. Riggs at the font of the stoe. An objective investigato would ask why did Jenkins ty so vey had to coiwince the juy that Ms. Riggs neve got a look at his face and emained behind him at all times. An objective investigato would ask why would Jenkins be so clealy afaid of Jones' vesion of his ole outside the stoe. The simple and obvious answe would be that Jones' vesion put Jenkins in a position whee he had a motive and oppotunity to shoot Ms. Riggs. She clealy had ample oppotunity 11

50 .F ( with his Anninius.38 calibe evolve. This affidavit is tue and coect to the best of my knowledge and based upon my pesonal eview of the evidence and mateials povided to me. Executed on this U,...day of Octobe, R. Robet Tessel Swon to and subscibed befoe me this~ of Octobe, ~ \ :... '...! f ~ i..:! "l,, t " ~ ~': OC.' ~-::;:1 ~ ' ' " F 13

51 f ( F ( -...fit, RAPH ROBERT TRESSE DATE OF BRTH: NATONATY: MARTA STATUS: WFE: HOME ADDRESS: PROFESSON: TTE: EDUCATON: SPECAZED TRANNG: July 18, 1953 U. S. Citizen Maied, Two Childen Teesa Diane angston Tessel 447 Cotton Mill Dive Hiam, Geogia Foensic nvestigato/consultant.in Foensic Evidence and nvestigation Owne - Foensic nvestigative Sevices Gaduated - Spaybey High School 1971 Kennesaw J. College Basic Recuit Taining Cobb Regional Police Academy hous Basic Mandate Taining Geogia Police Academy hous Robbey & Buglay Semina Cobb Regional Police Academy hous Rape nvestigation Couse Cobb Regional Police Academy hous Goveno's Cime Awaeness Pogam Cobb Regional Police Academy hous 1976

52 E E RAPH ROBERT TRESSE Sex Cimes Wokshop Geogia State Univesity hous Ason & Bomb Wokshop Cobb Regional Police Academy hous E Basic Hostage Negotiations F.B.. - Atlanta, Geogia n Association with F.B.. Quantico, Va hous Advanced Ciminology Geogia Police Academy n Association with F.B.. Quantico, Va hous Homicide nvestigation Univesity of Geogia hous Teoism Semina Univesity of Geogia hous Police Supevision Univesity of Geogia hous nteviews & nteogations Geogia Police Academy hous

53 ~ ~ E : RAPH ROBERT TRESSE Police Discipline Cobb County Police Depatment hous Fieams nvestigation T.echniques Depatment of the Teasuy hous Stess Management Cobb County Police Depatment hous Blood Stains/Spatte Wokshop Floida nstitute of aw Enfocement St. Petesbug, Floida hous Sex Cimes Geogia Police Academy hous nteviews & nteogations evel Geogia Police Academy hous Hostage Negotiations Cobb Regional Police Academy hous Seach & Seizue Cobb Regional Police Academy hous Compute Applications in aw Enfocement Geogia Police Academy hous

54 .' E E RAPH ROBERT TRESSE Seach Waants & Affidavits Geogia Police Academy 198~ 16 hous aw Enfocement Supevision Geogia Police Academy hous Medico-egal Death nvestigation St. ouis Univesity School of Medicine St. ouis, Missoui hous Ason nvestigation Semina Atlanta, Geogia hous Homicide National Atlanta, 1986 nvestigation aw Enfocement Geogia 16 hous nstitute Police Medico-egal nvestigation of Death Univesity of Miami School of Medicine Miami, Floida hous Bloodstain Evidence Semina National aw Enfocement nstitute Santa Rosa, Califonia hous Satanic & Cult nfluences in Homicide Valencia Community College Olando, Floida hous

55 t E RAPH ROBERT TRESSE PREVOUS EMPOYMENT: Second National Confeence on Child Fatalities and Physical Abuse National Cente fo Posecution of Child Abuse Ameican Posecuto's Reseach nstitute San Diego, Califonia hous Cime Scene Reconstuction Patten njuy ntepetation D. Joseph ~ Buton Maietta, Geogia Pesent Biomechanics and Occupant Kinematics D. Joseph. Buton Maietta, Geogia Pesent Opeations Manage Cobb County Medical Examine's Office Maietta, Ga (Retied) Segeant, Cimes Against Pesons Unit Cobb County Police Depatment Maietta, Geogia Detective, Cimes Against Pesons Unit Cobb County Police Depatment Maietta, Geogia Police Office - Patol Division Cobb County Police Depatment Maietta, Geogia

56 ' F RAPH ROBERT TRESSE ADDTONA NFORMATON: Membe Fatenal Ode of Police Police Office's Association of Geogia i nstucto Death nvestigation Noth Cental Geogia aw Enfocement Academy Homicide nvestigation Noth Cental Geogia aw Enfocement Academy Cime Scene Pocessing Noth Cental Geogia aw Enfocement Academy nmate & Jail Deaths Noth Cental Geogia aw Enfocement Academy Dug Deaths Cobb County Distict Attoney's Dug Awaeness Pogam Advanced C~e Scene Pocessing Noth Cental Geogia aw Enfocement. Academy Advanced C~e Scene Pocessing Noth West Geogia aw Enfocement Academy

57 RAPH ROBERT TRESSE F f~ APPONTMENTS : CONSUTANT Abused and Batteed Childen Blood Spatte ntepetations Cime Scene Reconstu~tion Homicide nvestigations Taffic Accident Reconstuction njuy Patten ntepetations Cime Scene Evidence Collection Evidence Collection/Retention Januay Elected to Boad Of Diectos National Sudden nfant Death Syndome Geogia Chapte May Appointed to the Cobb County Child Abuse Potocol Committee pusuant to Geogia H.B July Awaded nstuctos Cetificate to teach Death nvestigation to law enfocement offices of the State of Geogia (Renewed 1995) Januay Assisted the incopoation of and elected to the Boad of Diecto of Sudden nfant Death Reseach Foundation ~:, i.

58 Fulton County State of Geogia ) ) Affidavit of Kelly Fite Pesonally appeaed by the undesigned office duly authoized to administe oaths, n KEY FTE, who being duly swon, states as follows:. 1., KEY FTE, am ove the age of eighteen. This affidavit is made upon my pesonal knowledge and am competent to testify to the tuth of the mattes set foth heein. Qualifications 2. was a foensic and ballistics expet with the Geogia Bueau oflnvestigation fo thity one (31) yeas fom 1968 to have been in pivate pactice since leaving the Geogia Bueau oflnvestigation. My taining with the Geogia Bueau oflnvestigation included couse ~ l : : ( - wok in cime scene investigation at the Geogia Police Academy in Atlanta, Geogia and the Miami-Dade Cime Scene School as well as extensive specialized taining in ballistics. have taught classes in Cime Scene nvestigation and numeous ballistics couses at the Geogia Police Academy. 3. have testified as an expet witness in foensic ballistics in state couts in Geogia, Alabama, Floida, Mayland and New Yok. have also given expet testimony in fedeal couts in Geogia, Tennessee and Alabama. have povided expet testimony appoximately 2, 700 times. 4. have been asked by the attoneys epesenting Tey Mincey to offe my expet opinion on ballistics issues in the capital case of State v. Mincey, Bibb County ndictment No , in light of a newly discoveed evidence povided by an ex-wife ofthe one of M. Mincey's

59 co-defendants. Documents Reviewed 5. n the couse of my evaluation of the ballistics issues in this case, have eviewed the following mateials: GB DOFS epots (4/28/82, 5/3/82); GB Autopsy Repot (Paulette Riggs) li.. "' l, {~. ~ ~ : (4/21/82); Bibb Co. Medical Examine's Repot (4/14/82); Notes on Autopsy ofpaulette Riggs (composed by Capt. J.M. Modena, n.d.); Retun Slip fo Jenkins'.38 Aminius (9/30/82); ist- ''Evidence Not Taken To Cime ab"; Tial Testimony of Jim Higgins (BCSO); Tial Testimony of D. eo Ebele (Bibb Co. ME); Tial Testimony of Jay Javis (GB); Affidavit of Julie Chavies (10/15/01); Cime Scene Diagam (nv. Smallwood, 4/13/82); Photo of lama.380 (ecoveed fom Mincey esidence); Supplemental Repot of Jim Higgins e: Cime Scene nvestigation ( 4/1 5/82, 4/16/82); Ambulance Tip Repot/Hospital Recod (Paulette Riggs); Body Diagam (Paulette Riggs); Guilt Phase Summations; and the swon affidavit of Julie Chavies. Such mateials ae among the souces of infomation which expets in my field nomally and egulaly. ely upon when foming and expessing expet opinions on issues of foensic ballistics. Findings The Chavies Affidavit 6. The State's theoy at tial was that M. Mincey was the sole shoote at this amed obbey mude. Accoding to the State, neithe co-defendant Jenkins no Jones fied a shot at the scene, although both wee amed duing the obbey. Co-defendant Jenkins' ex-wife, Julie Chavies, has ecently povided a swon affidavit which povides thee facts elevant to my evaluation of the ballistics evidence in this case: 1) that co-defendant Jenkins was scubbing his hands with an abasive cleanse when he aived home that night; 2) that co-defendant Jenkins 2

60 u! t:. - f.' l. -, cleaned his gun that night; 'imd 3) that co~defendant Jenkins made a statement to his wife that he "did a teible thing" and that "we killed them." The behavio of co~defendant Jenkins as descibed by his wife is consistent with someone who had just fied a handgun and who was tying to destoy any evidence that he had just fied the handgun. The.380 Catidge Cases 7. Thee wee only thee (3).380 calibe catidge cases found at the.cime scene. Two wee ecoveed nea the suviving victim Peteman and one nea the deceased victim Riggs. Accoding to the State's theoy, M. Mincey shot both victims twice with a lama.380 calibe automatic pistol. f that theoy wee tue, thee should have been a fouth.380 calibe catidge cases at the scene in the vicinity of the deceased victim. A seach of the cime scene with the assistance of a metal detecto failed to poduce a fouth catidge case. t is significant to note that this scene was secued almost immediately and the paametes of the scene wee known to law enfocement investigatos. 8. The absence of a fouth.3 80 catidge case suppots the theoy that a second gun was involved in the shooting of Ms. Riggs that was not an automatic and would theefoe not eject a catidge case. On the night of the cime, Codefendant Jenkins was caying an Aninius.38 calibe evolve which was ecoveed fom Jenkins' house upon his aest the next moning. f Jenkins had fied the fouth shot fom the.38 calibe evolve, that would explain the absence of a fouth catidge case at the scene. A competent ballistics and cime scene investigation of this case would have exploed the possibility that the fatal shot came fom Jenkins'.38 calibe evolve. 3 ~.

61 The ost "Fatal" Bullet 9. M. Javis testified that the one bullet emoved fom M. Peteman and the one nonfatal bullet emoved fom Ms. Riggs wee fied fom the lama.380 calibe automatic pistol that was ecoveed fom M. Mincey's home. Accoding to D. Ebele, the Bibb County Medical Examine, the fatal bullet which enteed the ight side of Ms. Riggs' skull exited though Ms. : Riggs neck on the ight side. D. Ebele testified that this bullet was lost: t appaently was in the clothing, because one X-ay showed this othe bullet on the film, but it was not in the body, no was thee any wound to the tunk of he body]; so appaently that othe bullet had fallen in the clothing and got lost. D. Ebele also testifies that the wounds to Ms. Riggs ae consistent with a.38 bullet, the actual calibe of the evolve that codefendant Jenkins had at the obbey. 10. Pope cime scene and evidence handling techniques would have assued that the fatal bullet was ecoveed, taken into police custody and popely tested. No such tests wee done because the bullet was appaently lost in the confines of a bightly lit and steile emegency oom o, moe likely, afte the body and clothes wee taken into police custody. Even moe toubling is the fact that thee is no evidence that a follow up investigation was conducted to find the "lost" fatal bullet afte it became appaent that the bullet was pesent in Ms. Riggs clothes. t -~ when the x-ays wee taken at the hospital. Because of impope police conduct, the fatal bullet was "lost" and neve examined o tested. The Missing X-ays 11. A visual inspection of the bullet could have confimed whethe it was a.38 calibe o a.380 calibe bullet. Although both calibe bullets ae essentially same diamete, the.38 calibe 1 ~.. 4.

62 U~.. l '" J,. J. l ;.lz u 1' l'. 1 bullet is longe than the.380 calibe bullet. Because of the diffeent pofile and size between the.38 calibe and the.380 calibe bullet, the x-ays of Ms. Riggs may povide evidence to suppot whethe the fatal bullet came fom the lama.380 o the Aminius.38 depending on the quality of the x-ay and the position of the bullet. Again, thee is no indication that the x-ay was eve examined fo such puposes. Well established foensic ballistic pocedues would have ensued that such an examination was conducted. Accoding to the Bibb County Coone's Office and the Geogia Bueau oflnvestigation, the x-ays ae not in thei ecods on this case, thus making a cuent examination impossible. The Released Aminius.38 Calibe Revolve 12. Finally, feel compelled to note one othe toubling aspect about the handling of the ballistics evidence in this case. The ecods indicate and Ms. Chavies confims that Jenkins' Aminius.38 calibe evolve was eleased to he on Septembe 30, This is unpecedented in my expeience. n my thity thee yeas of wok in this field, have neve known of a fieam being etuned to a defendant's family membe when that weapon was used in the couse of a seious felony. Conclusion 13. Based upon my eview of these mateials, it is my expet opinion that an insufficient investigation was conducted concening the ballistics evidence in this case and that impope ( ~~.a u... f.i:. l-. evidence handling techniques esulted in the loss of cucial evidenc'e necessay to detemine the calibe weapon which fied the fatal shot. futhe opine that the available evidence suppots the theoy that the fatal shot to Ms. Riggs was fom the Aminius.38 calibe evolve. The absence of a fouth.380 calibe catidge case is inconsistent with the bullet being fied fom the lama 5

63 .380 and consistent with the bullet being fied fom a evolve. Moeove, D. Ebele testified that the fatal wound was consistent with a wound fom a.38 calibe bullet. Because citical evidence- the fatal bullet and the x-ays- have been lost o destoyed, futhe analysis of the ballistics evidence is impossible. Executed this Jl_ day of Octobe, ~ ;~:~~.- :;...~ '": ~ ;";v: '":')'..-.,':: : 6

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66 c. u State of Geogia County of Fulton AFFDAVT OF JEFFREY WASH, JEFFREY WASH, having been duly swon does heeby say: 1. My name is Jeffey Walsh. am ove the age of eighteen and competent to testify to the mattes set foth heein. This affidavit is made upon my pesonal knowledge. '. t' 2. am poviding investigative assistance to Tey Mincey's counsel. As pat of my esponsibilities inteviewed Bobby Jones. met with Bobby Jones at Wilcox State Pison duing the summe of2001. He identified himself as the Bobby Jones that was with Tey Mincey and Tim Jenkins the night Russell Peteman and Paulette Riggs wee shot. 3. Bobby Jones told me that Tim Jenkins was not in the ca when Ms. Riggs was shot. He then went on to explain that he saw Tim Jenkins shoot Ms. Riggs with his evolve. Bobby Jones acknowledged that he testified diffeently at Tey Mincey's tial. M. Jones told me that he testified against Tey Mincey, and said that Jenkins was in the ca when Ms. Riggs was shot, to avoid the death penalty. 4. inteviewed M. Jones again in Octobe, He again acknowledged that Jenkins was not in the ca and shot Ms. Riggs. He efused to sign an affidavit. M. Jones told me that signing an affidavit that told the tuth would equie him admitting that he peijued himself at tial and that would damage his'chances at paole. He told me that huting his chances at paole was the only eason he would not sign an affidavit. swea the foegoing is tue and accuate to the best of my knowledge this 19th day of Octobe, FURTHER AFFANT SATH NAUGHT. Swon to and subscibed to befoe me this 19th day of Octobe, NOTARY PUBC, STATE OF GEORGA 1\lctay Pubiic, D~kc~b Cou,ty, Geogia,...,y Commission Bq:Jies Junl3 26, 2004

67 : -~ ; : ;..' u t. f'. E STATE OF GEORGA... COUNTY OF FUTON Affidavit of John Hanusz COMES NOW, John Hanusz, being duly swon and authoized, and heeby deposes and states the following: 1., John Hanusz, am ove eighteen yeas old and am competent to testify to the mattes contained in this affidavit. This affidavit is based on my pesonal knowledge. am a staff attoney at the Geogia Resouce Cente and licensed to pactice law in the State of Geogia. At the behalf of Amy G. Donnella, counsel fo Tey Mincey, accompanied Jeffey Walsh to inteview Timothy J. Jenkins at his home nea Macon, Geogia on Octobe 13, Afte knocking on the doo, we wee geeted by a man who acknowledged that he was the same Timothy Jenkins that accompanied Tey Mincey and Robet Jones on the evening of Apil12, M. Walsh and intoduced ouselves as individuals woking with M. Mincey's cuent counsel. Jenkins was eluctant to discuss the events on the night in question. He stated that once M. Mincey was dead, he would no longe "have to woy about what happened that night." n esponse to epeated equests to talk about the cime, Jenkins stated that he thought he told the lawyes who visited him last time that he didn't want no one coming back again. Jenkins became visibly fustated in the face of epeated questions about that evening and stated, "you don't know what it's like to see the blood flying fom that woman's head, and do." Jenkins then concluded that he had nothing moe to say about the incident. M. Walsh and then left Jenkins' popety. Futhe affiant saith not. SWORN TO AND SUBSCRBED BEFORE ME TillS, THE Jj DAY OF OCTOBER, ~~ Notay Public, State of Geogia My commission expies;.. o\a Unh' \.:leo... 0,alb co '7' 2,004 NotayPub~C: e~"'"'iesjune 26, M'l commission...,...

68 l. l;... ~ li STATE OF FORDA ) ) ss: COUNTY OF SUWANNEE ) AFFDAVT OF OUS :MEDARS! t l', OUS :MEDARS, having been duly swon, heeby depose and say: 1. My name is ouis Medais. am ove the age of twenty-one and competent to testify to the tuth of the mattes set foth heein. 2. was a juo in the 1982 case of Tey Mincey, who was tied, convicted and sentenced to death in Macon, Geogia. Since that time have elocated and am now a esident ofive Oak, Floida. 3. Afte evaluating the evidence pesented at tial, concluded that if we (the juy) voted, fo a life sentence, thee might be a chance that M. Mincey could be paoled afte seven yeas. f '- felt that a death sentence was the only way to be sue that he would neve be eleased. When saw the victim's husband and child in the coutoom, was deeply affected. Given the facts as we knew them at that time, thought that the death penalty was justified in this case. " -~ 4. have now eviewed the affidavit ofmichele Reagan dated 10/19/01, the affidavit of James McCook dated 1 0/19/01, the affidavit of Julie Chavies dated 10/15/01 and the affidavit of

69 E E ~ Kelly Fite dated 10/19/01. f these new facts had been pesented to me as a juo in this case, 1 u would not have consideed a death sentence to be an appopiate penalty fo Tey Mincey. l FURTHER AFFANT SA YETH NAUGHT. ~ -- ~. wmsmedars ~ Swon to, o affimed, and subscibed befoe me by ouis Medais, who is pesonally known to me, o who pesented the following identification: i>fjvef 1 S i C:eA ~e., on this the «o day ofoctobe, ~~~ ~~~,,, Th -~1: "1:~.\ eesa Faley Welsh b' ''f;~ MY COMMSSON CC73!260 EXPRES <{~... <)i;~ May 16, 2002 '' 1/f.,f';\ '' BONDED THRU TROY FAN NSURANCE. NC.

70 F F c u ' _ {"!,...' State of Geogia County of Bibb AFFDAVT OF SUSAN S. STRCKAND Comes now the Affiant, Susan S. Stickland, who, being fist duly swon by an office authoized by law to administe oaths, deposes and states as follows: 1., Susan S. Stickland (fomely Susan Schwed), am ove the age of eighteen. This affidavit is based upon my pesonal knowledge, and am competent to testify to the tuth of the mattes set foth heein: 2. sat on the juy that convicted Tey Mincey and sentenced him to death almost 20 yeas ago. At the end of the evidence, felt that M. Mincey should not be sentenced to death. But was a young woman then and the othe juos wee olde people, and some of them said he ought to be sentenced to death so he wouldn't get out of pison again. didn't think we should sentence him to death, but felt had to go along with the othes. 3. sti11 do not believe that M. Mincey should be put to death. t has been 20 yeas since we sentenced him, and have neve felt that he should be executed. t has weighed vey heavily on my mind eve since. feel that M. Mincey should be sentenced to life impisonment without the possibility of paole. That's what wanted 20 yeas ago, but didn't have that choice. feel that life without paole is the appopiate solution now. This Q day of Octobe, Swon to and subscibed befoe me this J1_ day of Octobe, /././~-- NOT AR Y PUBC Nota.i''} 'P:.~b!ic, D~Ke.lb Count\ Geo.gla My Commission expies JunG.:.6, 2004

71 {.!:' : ~.i.;. u l ~... Geogia Depatment of Coections Offende Quey - -_:... ;;. ' '. ~;,.,.,....,. Offende Quey Click hee to stat ove "~- Please use you bowse's BACK button to etun to list. ~ONES, ROBERT M Page 1 of3 l ~ :.. '~ - ~..i. :~!._,..1: ' -:;... ~ -..: , '.,; i ( i... '.'.....,...,. to/t6i<n

72 Geogia Depatment of Coections Offende Quey - Page 2 of3 t: u! 17 n c. ~ TENTATVE iparoe MONTH: N/A ~C'UA REEASE CURRENTY SERVNG DATE: - ~URRENT ~CTVE ~TATUS: KNOWN AASES A.K.A. JONES,ROBERT A.K.A. JONES,ROBERT M STATE OF GEORGA- CURRENT SENTENCES OFFENDER D NUMBER: OFFENSE: AGGRA V BATTERY!CONVCTON COUNTY: BBB COUNTY CRJME COMMT DATE: 04112/1982 ENTENCE ENGTH: 10 YEARS, 0 MONTHS, 0 DAYS OFFENDERD NUMBER: OFFENSE: ARMED ROBBERY CONVCTON COUNTY: t3bb COUNTY jcrjme COMMT DATE: 04/12/1982 SENTENCE ENGTH: ~.,FE OFFENDER D NUMBER: OFFENSE: MURDER CONVCTON COUNTY:!BBB COUNTY CRME COMMT DATE: P4/12/1982 ~ENTENCE ENGTH: t.fe ~TATE OF GEORGA - PROR SENTENCES PFFENDER D NUMBER: OFFENSE: NOT AVAABE!CONVCTON COUNTY:!UNKNOWN CRME COMMT DATE: 04/26/1977 SENTENCE ENGTH: NOT AVAABE OFFENDER D NUMBER: OFFENSE: NOT AVAABE!CONVCTON COUNTY: UNKNOWN ~RME COMMT DATE: P4126/1977 SENTENCE ENGTH: NOT AVAABE OFFENDER D NUMBER: On'ENSE: NOT AVAABE!CONVCTON COUNTY: ' UNKNOWN CRMECOMMTDATE: ~ 04126/1977 $ENTENCE ENGTH: NOT AVAABE OFFENDER D NUMBER: OFFENSE: ARME:P ROBBERY CONVCTON COUNTY:. JJBBCOUNTY!CRME COMMT DATE:. """"",..< i. ::... ~--..., _ ~c :: 10/16/01

73 c u ~. i ' i G i F ~~ Geogia Depatment of Coections Offende Quey - SENTENCE ENGTH: 16 YEARS, 0 MONTHS, 0 DAYS OFFENDER D NUMBER: OFFENSE: ARMED ROBBERY!CONVCTON COUNTY: ~ffibcounty!crme COMMT DATE: SENTENCE ENGTH: 6 YEARS, 0 MONTHS, 0 DAYS OFFENDER D NUMBER: OFFENSE: BURGARY ~ONVCTON COUNTY: ~ffibcounty (:RME COMMT DATE: ~ENTENCE ENGTH: ~YEARS, 0 MONTHS, 0 DAYS OFFENDER 1D NUMBER: OFFENSE: THEFT OF MOTOR VEH, PART CONVCTON COUNTY: 18mB COUNTY CRME COMMT DATE: SENTENCE ENGTH: 15 YEARS, 0 MONTHS, 0 DAYS ~TATE OF GEORGA.;. NCARCERATON HSTORY NCARCERATON N CAR CERA TON END BEGN 'p9/22/1982 factve 'p9/09/1977 'ps/30/1980 Page 3 of3. h" httpi/ 10/16/01. f-... t i; '"

74 : u p ; u ~- ~ '- ' U~A.Jl!SJ.A JJC}JCJ um:au u1 '-'V ~uuut vucmoe \,luey - Offende Quey Click hee to stat ove Please use you bowse's BACK button to etun to list. PHYSCA DESCRPTON JENKNS, TMOTHY Yage 1 o :t. ~ J c :. 10/16/01.

75 u u ueogta uepanment ot t;oectlons Uttende Quey -- Page2 of2 NCARCERATON NCARCERATON END. lb~~nv~t-9s~:e=g~n~--~bs-,o-vt-~ ~~~ l! l : E :: n. {'.. ~ (... ~ "!... " - -~ :. : /16101.

76 -. STATE i... BOARD OF PARDONS AND PAROES Atlanta. CJoo&ia ORDER OF COMMUTATON WHEREAS, TMOTHY JENKNS Seial Numbe Efl49]83 has been convicted of tbe followin& offense&: SENTENCE COURT OF BEGN OFFENSE CONVC'nON DATE SENTENCE Amed Robbey (23067) (count BibbSuPmo 91'2./82. Ufe (elf 4/1318l) 2) Auavated Battey (COUDt 3) 20 yean CODCWTDl UPON eview of this case, it is the find in& of the Boad that the best inteests of justice will be seved by commutin& the pison potion of said sentence(s) to time seved; now F THEREFORE: Unde the authoity vested in the State Boad of Padons and Paoles, it is HEREBY ORDERED: That the pison potion of the above-descibed sentence(s) be and the same is/ae commuted to time seved. (This ode does not affect any pobated sentences). t is diected that copies of this ode be funished to the Clek(s) of Cout in the county of conviction, and to the above named individual. GVEN UNDER THE HAND AND SEA of the State Boad of Padons and Paoles, this the 2.JJl day of~ (SEA) STATE BOARD OF PARDONS AND PAROES FOR THE BOARD:..c'J?.; ctyudw K.C. Richadson

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80 ~.".' ' " l~!. :~ u : " : "' ~ STATE OF FORDA... ) COUNTY OF BSCAMBA ) AFFDAVT OF JAMES D. ARSON. PH.D. Pesonally appeaed befoe the undesigned office duly authoized by law to administe oaths, James D. ason, Ph.D., who being duly swon deposes and states as follows: 1. My names is James D. ason. am ove the age of 18 and competent to make this affidavit. am a psychologist, and have been licensed in the state of Floida since hold undegaduate degees in Biology and Psychology fom Nebaska Wesleyan Univesity and a Ph.D. in Clinical Psychology fom the Univesity of Wyoming. As a psychologist, have had specialized taining in foensic psychology. have pefomed in excess of one thousand cout-odeed evaluations in the last ten yeas. Appoximately one hunded of these evaluations have been on defendants chaged with fist degee mude. am cuently in pivate pactice as a clinical psychologist in Pensacola, FloDda. A copy of my cuniculum vita is attached heeto as attachment The opinions expess in this affidavit ae fomed with a easonable degee of psychological o scientific cetainty. They ae based on mateials and 'infomation discussed in this affidavit. This includes evaluation and testing pocedues nomally and egulaly elied 'lpon by individuals in my pofession to obtain conclusions such as have fomed heein. 3. At the equest of counsel fo Tey Mincey, pefomed a psychological evaluaticln of M. Mincey which consisted of a complete neuopsychological battey, inteviev.- with mental status examination, and a eview of extensive medical and legal! ~ 1- - ''"'''''' ~ -' \< -.,...-. ',.,.~~" - ~.>,...,.) 0 ~...-,-<Ja..,_,.. "'"" - ~_,,,,...,_... -~~,.-,.,..,.,.,_,,._~,,.M"''"'"F'""""""''.-""'""',..._,.,...,..~,'Ot,...-,..,> "'~..-...,... "'"~ -.,...,...

81 ecods. The inteview and psychological testing lasted appoximately twelve hous and was conducted on August 20 and August 27, The wide vaiety of tests administeed ae outinely administeed by neuopsychologists to detennine neuological and intellectual deficits. These tests, which ae widely used and consideed to be standad neuopsychological testing devices, povide objective documentation fo the existence of bain damage. The psychological tests given to M. Mincey included the Wechsle Adult ntelligence Scale-Revised, Wide Range Achievement Test~ Revised, the Memoy Assessment Schedule, potions of the Wechsle Memoy Scale,. ~ l., : the Rey-Auditoy Vebal eaning test, the Rey-Osteeith Complex Figue Test, selected potions of the Woodcox-Johnson, Categoy Test (Booklet fom), Tail Making A and B, Sea Shoe Rhythm Test, Spacial Peception Test, Aphasia Sceening Test, Finge Tapping Test, Gip Stength Test, Gooved Peg Boad Test, Sensoy Peceptual Examination, Boston Naming Test, Symbol Digit Modalities Test, Bende-Gestalt, Benton Judgment of ine Oientation Test, Paced Auditoy Seial Attention Test, and the Wisconsin Cad Soting Test. 4. Befoe and afte my examination of M. Mincey, eviewed mateials with espect to M. Mincey's backgound. ncluded in my eview of backgound mateials wee: a) Affiditvh of Patida Minct~y. b) Affidavit of Ruth Mincey, c) Affidavit of Coa Rose Mincey, d) Affidavit of David Sweitze, e) Affidavi~. ~ ~ Ed gou, g) Affidavit of Ricky Seas, h) Affidavit of~ky Felton i Cky Felton itt,,f) Affidavit of ; ) Affidavit of ---~ _/ Dunvoo.J Shoes, j) Affidavit of Bobby Jones, k) Affidavit of Heny Thomas, 1) Affidavit of Julk 1 ;~a vies, m) Affidavil of Heny Mincey, n) Affidavit of Wynndale Woodall, o) hospital Rf:.l;ods fom M. Mincey's 1980 motocycle accident, p) hospital Recods fom an

82 ( -~ ~ ~: l~ u, t l -!; : -- automobile accident in 1975, q) testimony of M. Mincey's mude tial, ) Recods fom Cental State Hospital, s) Distict Attoney's notes fom convesations with Cental State Examines, t) Statements of Gealdine Willis to the Distict Attoney, u) M. Mincey's school ecods, v) vaious medical ecods, w) M. Mincey's bith cetificate, x) divoce ecods of M. Mineey's paents, andy) pison ecods; Based on my examination and testing of M. Mincey and my eview of elevant data have fon1ed expet opinions about M. Mincey's neuopsychological status and its elevance to seveal legal issues. 5. Summay of Findings: As a esult of M. Mincey's seious head injuy suffeed duing his motocycle accident in 1980, it is my opinion that at the time of the offense Tey Mincey would have met the citeia fo Oganic Mental Disode, Not Othewise Specified and pobably an additional diagnosis of Oganic Pesonality Disode. n addition, his histoy of dug use would justify an additional diagnosis of poly substance abuse. The dug use would have geatly magnified the impaiments caused by M. Mincey's bain damage. 6. Social Histoy and Backgound Mat~Jjals: Mitchell Tey Mincey was bon in Taylo Memoial Hospital, Hawkinsville, Geogia, on Apil 23, He is the youngest of fou siblings. The oldest child is M. Mincey's siste Paticia, bon in 1951, followed by sh1f.'\ Mat:>ha, bon in 1954, and bothe Wayne, bon in Thei paents ae Annie Shelt("l Mincey and Cleveland eonad Mincey. Cleveland eonad Mincey died in Febuw:y 1993, as a esult of 1ung and live cance. 7. M. Mincey was bon a few weeks pematuely and weighed only 5 pounds and 3 oun~o'e.s. He was so tiny and fagile-looking that the family daed not touch him, fo fea of. hu ~~~~g ldm. M. Mincey emained a small child thoughout his childhood. As he gew,. MT Mincey had a sevee speech linpediment,.and only his mothe could undestand what he

83 -' (j u ' ' u ~-~ " ' :' ; ~ was tying to say most o(the time, and even she had difficulty. He did not stutte o stamme, but his ponunciation was incompehensible. 8. The neighbohood childen teased M. Mincey about his speech impediment, futhe compounding the alienation he endued as a esult of his family's fequent elocations, descibed below. His speech poblem emained pevasive until afte he stated school, when it began to fade. Thee ae still some wods today that he C:annot ponounce popely. 9. M. Mincey's fathe, C.. Mincey, was an itineant Methodist Ministe in the South Geogia Methodist Confeence, beginning in 1957, thee yeas pio to M. Mincey's bith. When C.. Mincey joined the ministy, the family gave up thei home in Savannah and began tavelling to the diffeent towns to which he was assigned, in each place living in the pasonage owned by the chuch. The pasonages wee often un down and had leaking oofs and old funitue. The family was foced to upoot and elocate a geat deal. C.. eceived the wost chuch assignments with the lowest wages. Thus, the family often had financial difficulties. Befoe joining the ministy, C.. Mincey had woked the night shift at Union Camp in Savannah, Geogia, and made a easonable wage. t is vey clea that his wife was not at all suppotive of his decision, and she emained deeply unhappy with the life of a ministe's wife thoughout the emainde of the maiage. ' 10. M. Mincey comes fom a deeply toubled, unhappy family. His mothe was a bitte, angy peson who was extemely dissatisfied with he lot as a ministe's wife, and who was an indiffeent mothe to he childen at best. His fathe was also distubed, unhappy, and emotionally and physically absent fom all of his childen, but fom M. Mincey in paticula. n M. Mincey's ealy yeas, he was physically abused by his mothe, '~

84 G l ~ l ' ' " 1 '. : \. and late on, in his ealy teens he was essentially abandoned and left to his own devices. He suffeed physical abuse also at the hands of his olde, stonge bothe Wayne, and occasionally fom his matenal gandmothe also. Neithe of M. Mincey's paents wee able to show the childen any affection. 11. C.. Mincey was not a successful ministe. Although all Methodist ministes move aound faily often, he was tansfeed fa moe often than most. The maximum length of time a ministe could stay in one chuch in the South Geogia Confeence at the time that he was peaching was fou yeas, and most often appointments did last this long. C.. Mincey, howeve, usually stayed only one o two yeas in one place befoe the local chuch Boad of Stewads equested of the Distict Supeintendent that he be eplaced. Membes of his congegations descibe him as a toubled, angy man who offended and upset many membes of his chuches by his continual sacasm and unpleasant manne. Moeove, he was accused in at least two of his chuches, Jeffesonville and Peason, of making sexual passes at and/o conducting affais with female nmbes of the congegation. His tansfe fom Jeffesonville was equested and executed afte less than one full yea of his appointment thee, afte a female chuch membe epoted to he husband that C.. Mincey hm~ m~~k :; pass at he. The husband snhsf".-quently infomed the chuch Boad of Stewads. His at'f~if with at l~st one woman in Peason was common knowledge among chuch-goes thee. 12 C.. Mincey was often absent fom his home fo wok easons also, visiting chuch nelnbes and the sick, attending meetings and peaching. n seveal of the places to whkh he.... as assigned, he was esponsible not only fo the chuch in the town in which he live.d, bul also fo two o thee othe chuches in outlying ual aeas that made up his

85 ., '.. ~ l : : p,.:!... :!-~ f~ ' /, cicuit. Fequently he would be away fom home ovenight and sometimes fo as much as a week at a time. When in town, he often would not etun home in the evenings until afte the childen wee in bed. 13. When he was home, he did not povide his childen with the necessay love and suppot. His elationship with M. Mincey was the wost of all. He neve communicated with M. Mincey, except by yelling at him, aguing with him o denigating him and putting him down with hash citicism. Wayne was his fathe's clea favoite of the two boys, and C.. took Wayne's side in any disageement. Wayne could do no wong in his fathe's eyes, while M. Mincey could do nothing ight. 14. When M. Mincey eached the age of about 13, his fathe paid little attention to him. He dismissed him by calling him "nothing but a dope addict" and a "long-haied hippy". They had no eal convesations; if they began to talk to one anothe, the discussion apidly descended into an all out sceaming match. Afte the sepaation of his paents, M. Minct"-Y lived with his mothe in the taile in izella and would leave any time he knew his fathe was coming to visit. 15. M. Mincey's mothe administeed fequent whippings to he childen, most often 1'!Jith a switch which she would send them out into the yad to pick themselves. f they came hack with one that was too thick to hut much, she would send them back out fo a thim~~ one. M. Mincey was a hypeactive child, who found it vey difficult to sit quietly in one })lt..:-e fo any l~ngth of time, something which he was ~ed upon to do at least once and i?qllently two o thee times on a Sunday, when the childen wee made to go to chu cl:. He was made to sit on the back pew next to his mothe, and she would dig he

86 t,. l~ j \, : ~~ fingenails into him if he daed make a sound. f he cied out with pain o tied to get away fom he, he got a whipping when he got home. 16. f one of the childen did something wong and Ms. Mincey did not know which one it was, the mothe would stand all fou of them in a line and tell them she would whip all of them, to be sue of getting the eal culpit. Afte she stated whipping the fst one, M. Mincey always owned up to whateve it was that had been done,'. whethe be had in fact done it o not. M. Mincey fequently took the blame and the beating fo things he hadn't done, athe than tell on whomeve was eally esponsible. 17. M. Mincey attended a total of nine diffeent schools until the time that he dopped out duing his second attempt at loth gade. When he was going to school, M. Mincey was cutting classes on a egula basis beginning fom at least 8th gade, when M. Mincey was 15 yeas old, and inceasingly thoughout the emainde of his school caee. t was also in his 15th yea of age, while in the 8th gade in school, that he began to get involved with dugs, and hung aound with a goup of people who wee fo the most pat consideably olde than he and who intoduced him to and supplied him with a ange of illegal substances. He began smoking maijuana fequently, and quickly gaduated to amphetamines and valium. t 8. The Macon high schools which he attended wee ough, v~olent, and duginfeste-i pjaces. The pincipal and teaches wee physically assaulted, and students wee knifed and beaten. Dugs wee feely available, especially maijuana, speed, and lsd. M. Mincey und his school fiends sldpped class egulaly. M. Mincey and his fiends would dlin~ tituo and smoke maijuana vitually evey day and take othe dugs as and w.hen they he-a~~~~ available. M. Mincey took quaaludes, acid, THC, MDA, cystal meth, and Valium i 1-

87 u l -.. i u l t., t:!':...), ' p : : egulaly when he was in the loth gade. ate, he took PCP wheneve he could get it and also cocaine and babituates. He had a supplie in the izella aea fom whom he obtained. PCP egulaly, and it is also pobable that much of what was sold as THC was in fact PCP. He complained of flashbacks fom the acid, causing his visual field to stat "stobing," like light flashing though tees when you ae tavelling in a ca. 19. n July of 1980, M. Mincey was involved in a seious accident while iding his motocycle at a ltigh ate of speed. M. Mincey hit a ca and was thown 30 yads. His motocycle helmet was cacked in two by the impact, and M. Mincey was knocked unconscious. He suffeed head injuies as well as a boken collabone and abasions, and was in intensive cae at a Macon public hospital fo a week in a "lethagic" state. The ecods of his stay thee indicate a ceebal contusion and concussion. He also suffeed a gand mal seizue while in the X-Ray oom. This was the second time M. Mincey had been teated fo concussion. n 1975, he and a fiend wee involved in a ca accident nea McRae. Geogia, in which M. Mincey sustained sevee laceations of his am and face and ceebal concussion. He was eleased fom hospital afte staying fo one night. 20. As a esult of his accident in 1980, M. Mincey suffeed lasting damage, and his pesonality and behavio changed makedly. When he was fist eleased fom the hospit., 1 he was in consideable pain fom his shoulde and fom his head. His headaches we.. bad that he could not stand to even hea his gilfiend beathing next to him. He obt:~i: f,a vesciptions fo Quaaludes, and wheneve his head o shoulde hut him, instead of lyin? l."no in the dak, he would simply take a Quaalude to attempt to take cae of the pain. Ht'. ;,. )l Quaaludes this way constantly and continued to take them one afte the othe even afte1 ~Js pain lessened, and they wee no longe always necessay. This was the beginning

88 c D : u t : l 1; - of a new peiod of dug addiction fo M. Mincey, which apidly expanded to include speed,,, babituates, maijuana, PCP, acid, cocaine, and moe Quaaludes. This addiction continued until he was aested in Apil 1982, on the chages fo which he eceived a death sentence. 21. M. Mincey's pesonality changed consideably afte the motocycle accident, and M. Mincey's behavio became unpedictable afte the accident. He bad difficulty with both shot-tem and long-tem memoy. He would foget that someone ha~ told him something just moments afte they had done so, and he had difficulty compehending a long sequence of speech that he head. People often had to epeat what they wee saying seveal times befoe he undestood what they wee tying to tell him., People descibe him as "acting kind of dumb" afte the accident, and say that "his thinking slowed down." His fiends used to tease M. Mincey by telling him that the accident "scambled" his bain. He has had at least one blackout, while incaceated at the County Jail on his cuent chages. He appaently fell off a stool back'"wads afte he blacked out and hit his head on the floo. He was unconscious fo a, time aftewads. 22. He also could not emembe things that had happened months o yeas pio to the accident. An old fiend of his met him in a ba some time aftewads, and, in the middle of thei convesation, M. Mincey suddenly stated that, while his fiend looked familia, he bad ll\) Mea who he was. His fiend at fist thought that M. Mincey was joking, but then eau:.u::\1 he was completely seious. He told him his name and ecounted some of thei expeiences togethe ove the seveal yeas that they had been fiends, but though M. Mincey concentated had, he could not ecall any of it. 23. M. Mincey did not have the contol ove his emotions that he had befoe the accident and boke down cying on seveal occasions ove quite tivial and insignificant

89 ! 1. t j.... ~.. ;_ ~. 1",. 1 : ' l ~.- ' -' ~ ~, events. He also became vey depessed. He had peviously been a happy-go-lucky type pesonality, who did not appea to let anything get him down. Aftewads he became withdawn and woied about eveything. He said that he'd used up all of his chances in life, that he would die soon, and that it didn't matte as he had nothing to live fo anyway. n addition, M. Mincey became vey paanoid and often thought someone was watching him. 24. M. Mincey was also apt to do nonsensica1 things just out of the blue, fo no appaent eason. A fiend ecalls the time when he was in a ca with M. Mincey, pulling into the fiend's fathe's diveway afte visiting a fast food estauant. M. Mincey suddenly picked up the tash fom the ca and thew it out onto the diveway as they wee pulling in, ight in font of his fiend's fathe. The fathe was angy, and his fiend was simply bewildeed, as M. Mincey had always shown the utmost espect and politeness towads his fiend's paents and would neve have deamt of doing such a thing pio to the accident. 25. n 1982, M. Mincey was convicted of shooting a custome and a clek duing a convenience stoe obbey. A co-defendant epots that M. Mincey lost contol in the middle of the obbey when a man dove up to the gas pump. t appeas that they had not pl::tnned fn this occuence and that M. Mincey was unable to adapt to R change in the plan. Ealie that same day, M. Mincey had taken puple micodot SD. Shotly befoe the obbey. M. Mincey was noticeably unde the influence of SD. 26. M. Mincey was evaluated pio to tial by doctos fom Cental State Hospital. The Centnl State Hospital pesonnel mention in thei epot to the tial judge that M. M ince;; has a substantial dug histoy. M. Mincey's head injuies ae mentioned in the epo' t, but thee is no indication of what, if any, testing was conducted. Notes of a

90 ~ c u l: : l w l ~ i '.1.. c p convesation between the evaluating doctos and the Distict Attoney eflect that the Cental State doctos believed that M. Mincey had suffeed bain damage as a esult of the head injuies. They found his eflexes moe active on one side, indicating psychomoto deficits. They also noted that he may theefoe be susceptible to iational behavio. 27. Statement of Opinion: A eview of ecods indicated a positive histoy fo neuopsychological impainnents. Fist, ecods document childhood hypeactivity and elated school poblems consistent with a childhood diagnosis of Attention Deficit Hypeactivity Disode. t is epoted in seveal of the ecods that M. Mincey was hypeactive and had difficulty in concentating. Childen with this disode typically fmd school fustating. Such childen ae at high isk fo developing negative attitudes and impaied achievement motivation in school, especially when this disode goes unecognized and unteated. Such childen ae at high isk fo school management poblems, tuancy, failue, and futue dopout. 28. Duing M. Mincey's childhood, this disode was teated with the same medications as it is now and was well known to pofessionals. M. Mincey was at highe isk fo negative outcome of this disode because it went undiagnosed and unteated, which in pat may hwe esulted fom such fequent family moves that his teaches lacked sufficient histoy ~tnd developmental obsevation. Such childen need stuctue in the home and equie caefol paenting to minimize high isk featues. M. Mincey did not get t,his much needed stuc1ue. md paental attention. He was thus at highe isk fo negative outcome because of the inatteniveness of his paents and the disupted family dynamics in his home. '2S' Second, M. Mincey has a lengthy histoy of intense childhood, adolescent, and adult polysubstance abuse. M. Mincey used many diffeent dugs, including cocaine,

91 E l ".. amphetamines, quaaludes,"maijuana, TC, SD, and acid. Affidavits of M. Mincey's fiends indicate the hallucinogenic dugs such as SD and PCP wee M. Mincey's dugs of choice. M. Mincey's substance abuse poblem is not supisi.ilg in light of his family t.' -. u l' l~! ; ~ l.~. histoy of substance abuse, his undiagnosed and unteated attention deficit hypeactivity disode, and his dysfunctional family. Childen such as M. Mincey ae at high isk fo sevee substance abuse poblems. These childen tun to dugs and alcohol as a coping mechanism when appopiate help is unavailable. 30. Thid, the ecods document two moto vehicle accidents in which M. Mincey suffeed head injuies and which equied hospitalization. On Decembe 13, 1975, M. Mincey was involved in an automobile accident, and on July 14, 1980, M. Mincey was seiously injued in a motocycle accident. Hospital ecods fom the 1980 accident document a closed head injuy with documented concussion, contusion, and gand mal seizue. lt is also well-documented that afte this head injuy M. Mincey expeienced pesonality changes, memoy in1painnents, and i!t)pulsivity. These impaiments ae all consistent with bain damage caused by a closed head injuy like that suffeed by M. Mincey in the motocycle accident. 31. Psychological testing fom this evaluation eflected esidual signs of a closed head jnjuy. Among the indications of the esidual signs of the injuy ae a) achievement scaled s, :ocs which wee significantly highe than expectation when expectation is based on me.l~i.ue.d ability (intelligence), b) indications of compensatoy mechanisms consistent with attemp~ '> found in closed head injuy patients to compensate fo cognitive deficits (i.e., n.':j'f'o: : and concentation pocesses), c) conceteness, and d) difficulty focusing cnnccotation.

92 1... ' ; ~ l. l Now thiteen yeas post-injuy, my opinion is that M. Mincey has made a vey good accommodation and no longe manifests goss signs o symptoms of pio documented bain injuy o neuopsychological impaiments. Howeve, as stated above, cetain neuological deficits still emain. M. Mincey has a stong desie to go beyond his neuological deficits, and, as a esult, ove the last twelve yeas he has tained himself well to compensate fo these impaiments. Fo example, to get aound his shotcomings in memoy, M. Mincey studies in an almost obsessive manne so that he can foce himself to emembe. This kind of compensatoy behavio is typical of neuologically impaied individuals. 33. While today M. Mincey has leaned to get aound many of his impaiments, at the time of the offense in 1982, it is my opinion that his cognitive functioning was compomised by changes caused by his documented closed head injuy. The closed head injuy would have alteed M. Mincey's cognitive and pesonality functioning esulting in additional impaiments of impulse contol, inceased fustation, impaied judgement, impaied memoy and concentation, and inceased iitability. 34. Futhemoe, ecods fom numeous souces consistently document continued subst>tnce abuse, including hallucinogenic dugs, duing this citical post-accident peiod. ong :~m substance abuse, such as that seen in M. Mincey's case, aggavates the imla"'ln0nts noted above. Thus, the on-going dug use made much wose M. Mincey's poblem~ ;vith impulse contol, judgment, memoy, concentation, inceased iitability, and fust:'iltoll which wee caused by the head injuy. 35. The pesonality and cognitive diffic~jties which M. Mincey expeienced as a esult vf the head injuy and long tenu dug use wee magnified and compounded again on

93 T u " _, ( l.... '.:.l : l. _ t : "" {'". the day of the cime. ReCOds indicate that M. Mincey took SD on the day of the offense and was visibly unde the influence of this dug at the time of the offense. SD causes hallucinations and makedly impais cognitive and peceptual functions. When a peson like M. Mincey, who aleady suffes fom cognitive deficits, takes SD, the inlpaiments that ae aleady pesent ae magnified by the effects of the dug. Thus, M. Mincey's aleady sevee impainnents caused by the head injuy wee damatically inceased' on the day of the cime by the use of SD. 36. t is my opinion that the head injuy that M. Mincey suffeed in his motocycle accident alteed his cognitive and pesonality functioning esulting in impaiments of impulse contol, inceased fustation, impaied judgement, impaied memoy and concentation, and inceased iitability. Futhennoe, believe that these impainnents would have been significantly exacebated by the cumulative affects of long tenn polysubstance abuse and additionally exacebated by acute effects of documented ingestion of psychedelic dugs ingested at the time of the incident. Diagnostically, M. Mincey would have met the citeia fo Oganic Mental Disode, Not Othewise Specified and pobably an additional diagnosis of Oganic Pesonality Disode. Additionally, M. Mincey would have met the citeia fo Polysubstance Dependence. 37. Relevance to egal ssues: Given the constellation of M. Mincey's neuological impainnents as aggavated by the long tenn dmg use and use of SD on the day of the offense, it is my opinion that M. Mincey's ability to contol his behavio and actions on th. day of the offense was seiously impaied. n addition, the stess of a obbey would i 1- ~ ~ have aggavated M. Mincey's deficits and impaied his ability to act in a ational manne.

94 '" 38. t is my undestanding that duing M. Mincey's tial, the distict attoney i' -,. ' -~ i. il 1- _; l., i -~ i :. ~!_ i \! f '. attempted to minimize the effects of the head injuy by pointing out that M. Mincey had a ecod of anned obbey dating to befoe the motocycle accident. The agument of the distict attoney is incoect and misleading. Recods and obsevations of his co-defendant, M. Jones, indicate that duing the pio amed obbey, M. Mincey maintained his composue and did not hut anyone. Afte the head injuy and the esulting cognitive impainnents, M. Mincey was unable to act ationally in the high stess situation of an amed obbey and simply lacked the mental capacity to contol his behavio. M. Mincey's codefendant, M. Jones obseved that M. Mincey's behavio at this obbey was diffeent fom duing the pe-head injuy obbeies. M. Jones desciption of M. Mincey becoming confused, losing contol, and essentially decompensating is extemely consistent with someone who suffeed fom oganic bain damage. As the doctos fom Cental State Hospital acknowledged, in such a situation M. Mincey would be highly susceptible to "iational behavio." Theefoe, it is my opinion that M. Mincey's head injuy was a significant facto in the case --a facto which when consideed establishes that M. Mincey's actions on the night of the offense wee the iational impulsive actions of a bain damaged individual and not the actions of a cold, calculated, and pemeditated mudee. Futhe affiant saieth not..: l~

95 f~ \~ PSYCHOCXJCA : t ~ ASSOCATES, P.A. 600 E. Covenml'1lt Steet Pensnwl~. Floida ~2501 Tell'phone?04-H1-50~ ~ Fax 901-.J.H-0268.: PERSONA DATA: Name: Addess: Phone: Place of Bith: Date of Bith: ACADEMC VTA James D. ason, Ph.D. Psychological Associates, P.A. 600 East Govenment Steet Pensacola, Floida (904) Gand sland, Nebaska Decembe 21, 1943 ACADEMC DEGREES: Dooee F 1\. f1.1\ Ph.D. Majo Biology/Psychology Psyt:hology Cljnical Psychology nstitute Neba5lta WP.sleyan Univesity Univesity of Wyoming Univesity of Wyoming l Blue t<ey Beta Beta Beta Ps~ chi Men's National Hono Fatenity National Honoay Biological Society National Honoay Psychology Society AC~])j:_Ml C HON_Q~S: 1.: icensed as a Psychologist in State of Floida in 1973 icense Numbe: PY f james l) b )(,.,~ Ph.D; W~ ~; t..h: ~. Ed.D. Tit...,.1 '.>>' on,ph.d.,;,'. -~ -,; ;-,n.psyd. M.... ':::'' \ M.A. Ka~f'l ;. :; ~;o...t, PhD. S1~phm 1: l..ou, Psy.D. D: :..a M Rll.nchad, PhD.

96 ACADEMC VTA Jame~ D. ason, Ph.D. Page 2 v l t WORK EXPERENCE: Cuent ndependent pactice in Clinical Psychology, including: a) Senio Patne of Psychological Associates, P.A. a pivate goup pactice and consulting fim in Pensacola, Floida. b) Pivate Case load: Evaluation and Teatment of a boad ange of Psychological Disodes. c) d) Vocational Rehabilitation Vendo: Evaluate Vncational Rehabilitation clients Consult with staff on case-by-case basis Development Sevices Vendo: Evaluate developmentally delayed and etaded clients unde auspices of HRS in State of Floida. e) OfficP of Disability Deteminations Vendo: Evalunte mental disabilities to aid in detemination of eligibility of SS disability benefits.! : ' Diecto of the ntensive Teat~ent Units of the Child Developmental Cente (akeview Cente, nc. peviously the Escambi a County Comm11n i ty Menta 1 Health Cente) Developed and diected a mu 1 t i db~cipl1hay pd"tlal hospitlliz,~'ltion pogam fo seve-ei y emotionally distubed chi Uh en with a. staff of 11. Staff Psychologist (akeview Cente, nc. peviously the Es :;ambia County Community Mental Health Cente). Psychologist woking with cisis intevention, dug abuse, alcohol abuse, juvenile cout consultation, and community consultation.

97 : ACADEMC VTA James D. ason, Ph.D. Page 3 _: ~ f"' Psychological nten (Nofolk Regional Cente, Nofolk, Neb~ska) ntenship was divided: npatient psychiatic and Community Mental Health Cente outpatient teatment. This A.P.A. appoved intenship povide~ taining in a wide ange of assessment pocedues and teatment modalities. Chief Consulting Psychologist, West Floida Community Cae Cente. Povided diect and indiect sevices to this psychiatic hospital in Mi 1 ton, Floida. Chief Consulting Psychologist, Road Camp 5 (An Escambia County Road Camp Pison): Povided Psychological Evaluation, Consultation to medical staff and diect sevices to inmates. Am~l-ican Ps~'chological Association - membe Fl o id,~ P::;y.hologi ca 1 Association - membe; Adviso Counci 1 P~nbamne Cll~pte of Foida Psychological Association - Past Pasid~nt N. P. N. P. - membe ( N P- 1' n 1. og is t s, Psyc.o1ogists) CONS!JTANT Psychiatists, Neuopsychialists, and Dep.n tment of Health & Human Sevices, Social Secuity Administation, Office of Heaings & Appeals, Re~ion V, Atlanta, GA. Fc.,d::tf;s D., ason, J.D., Swanson, E.M., and RanH.n, M.W. (1969) T.,.;o s:.hlies of childhood taining. Ameican Jounal of 9.!.t',~~P-~J'-~l!t~lf ~n:;cm, J.D., and Foulkes, U. (1969) duing sleep, deam ecall, syd1_<?.j2_hni~!q9.y, ~ a.t~< ~ : J.D., Matin, R., and Fitzgeald, class, ep'> ted paental behavio and ~ Y~QOiogica~_epots, 28, Electomyogtam suppession and oientation time. B.J. (1971) d linquency Social status.

98 1 l ll l l._-.. ~ tj '; - l: l. TERRY MNCEY GD & CP FE ' i l ~ l. l -,. DSCPNARY REPORTS. ~

99 u Reseved on 9/24/87 at V~-.hs,.. " Dw.t to,..nc.oect time in sec' ' bjscpnary 'REPORT pat c ~-~ SGNATURE ~~~~ ~2~2 NSTTUTON NAME CODE # TPM/ MAX DATE ;lids= --- lt. ~- '".,. Offende: Mincey' Tey Name: ast, Fist, M.l.. Offense Data: A. Chage Failue to follow instuct ims 32 Code Plea Finding Maxim.sn Secuity Chage s 6 EF D Numbe COde Plea Finding Appax hs. Date Time of Offense. Signatue of Repoting Official l : B. Factual Statement: c:\ , at appax hs. Office Chales Feemn instnted inmte Miocey, T EF-1~2, G- J-13, that if you e!o'.e a tay fan the focd cat yoo ae instucted to place the fxxl t~ back oo the focd cat afte finishing you meal. Failue to do so will esult in a disiplioazy ep-m!mate Mincey, T. did not bing his tay back to the focd cat afte finishi.ni his neal. Theefoe, i!'m!te Mincey, T. failed to follow instuctioos. C. Chages seved on accused: hs ~q.? 2 Z~. mo. dy. y. time Signatue of tcial ll. nvestigative Repot: A. Summay of nvestigation Based \.!XX1 my investigation find that i!j1!3te Miocey, T, EF'-!W342, -l-!3, did efuse to bing his focd tay back to the fco;l cat. Theefoe, find the disciplinay etxltt to be factual. l. (' l :. \ ~ Sgt. e. ~ Title Signatue 9 ::2:::..3 ::8:.:..7- md. dy. yea C. Advocate's Name: V. Waden's Disposition Recommendation Geatest High ~W' V. DisposiUon of Disciplinay Committee A. Justification fo findings: mate stated be wu,ld not j!jql oo aeyoe sinking sh i 11" 8. Action Recommended: 15 days loss of mil, stoe, visitatioo. eceation, libay, tele!xjoe pobated 30 days effective C. T.P.M. extension: -.. ~-- solation:_ D. nmate advised of his ight to appeal _ve_s_no_ dl. /. ~J--<---9 -""--28""'---87 Membe Membe ~tue of ~m, mo. dy. yea V. Waden's Recomm9ndation: ~ed 0 Di~ ~ified ~~ V. Commissione's Decision: 0 Appoved 0 Disappoved 0 Modified mo. dy. yea Signatue mo. dy. yea TPM Distibution: ---- days cc: solation da~ Withdaw TPM? (Y/N) 1. DOC 2. Be ot P. & P. 3 'Retum to Waden 4. Retun to nmate S. nstitutional file 6. nmate copy canay geen goldenod blue pink white DOC Fom No (Rev )

100 DSCPNARY REPORl' u PART ;.~ lnvestgaton l. DATE CONDUc.ED:.. l ~. 2. NMATE statemen =-~n:..o!2:..,._f,..~..)...j..v...::a..;;::...,; 'i_f.:,_jn~.:. ~.;_~ ~z. ""'"+ 3. OTHER FAC'S ABOOT THE m:::oet'n' ( St.MvlAAZE ) l l: 4. STAFF /NHATE WTNE'SS TEST-nNY ( S{M.1ARZE ) 5. PHYSCA EVDENCE:--J:. ~~t...:...~ ( BASED UPON WHAT ) :. he. -1 / l, ;H ~{.~? c:..c. J..-J l- -- ' ~ :. : ~ 7. Ae!ON TAKEN:

101 l ~ ' l". l. l-~ l ~ ' l ' f. NSTTUTON: '.A DA~USTC AND CASSFCA',..:ENTER -- ~~~ THE FO..l.a'n:NG ST OF TEMS MUST BE READ 'O EAai NMATE BY THE NVFSTGATNG OFFCA WRNG THE nnestgaton.. 1. A DSCPNARY HEARNG. W t.ul' BE CONDUCTED Ul'1l' 24 HOURS AFTER YOU AFE SERVED WTH A DSCPNARY REPOR. 2. YOU MAY ~ N 'VOOTNG (STNG REASONS) FRCM THE SUPERNT:NDANT THAT THS HEARNG BE CONTNUED FOR A PEROD OF ( 5 ) DAYS N ORDER THAT YOU MAY PREPARE YOUR CASE. THS EXTENSON S AT THE DSCRETON OF THE SUPERN'EN DENT. 'HS REQUEST MUST ACCOMPANY THE NVESTGATON REPORT. 3. YOU -my REQUEST THAT AN EMPlOYEE APPON'ED BY THE SUPERN'ENDEN' Ac AS YOUR ADVOCATE N THE DSCPNARY HEARNG OR YOU MAY REPRESEN' YOURSEF N THE HEARn."G.. 4. YOU MAY REJUEST WTNESSES ON YOUR BEHAF, BUT YOU MUST ST EACH WTNESS BY NAME AND WHAT THE TESTD10NY OF EACH WTNESS MGHT BE. 5. YCU 00 NO HAVE TO MAKE A STATEl1ENT CONCERNNG 'nils DSCPNARY REPliRT, Bu THE DSCPNAFY o::::mm'tee MAY 'JX)GETHER WTH OTHER EVDENCE DRAW AN ADVERSE NFERENCE FROM YCUR SENCE. 6. THE OlARMAN OF THE DSCPNARY a::m1'tee W ADVSE YOU OF THE DECSON OF THE CCM'1T'EE AND YOUR RGH' 'O APPEA ANY AciO~ TAKEN 1m THE CXl-1M'TEE THE Al3CJ'iJE RJES HAVE BEEN READ TO ME BY THE NVESTGATOR AND CERl'FY BY MY SGNATURE THAT UNDERSTAND THE SAME. ADVOCATE RB;;.}UESTED ~,~~~~osa&~ ~oo~-+j \.:> WTNESSES REJ;JUFSTED: ( NAME, CE NUMBER AND STATE D NUMBER ) AND WHAT THE TESTJJ'lONY OF EACH S KEY 'O BE. (~. : SEC. # 11 f ~ SGNATURE NVES','GATOR s SGNATURE

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141 l.. ; - - -, - PERFoRMANCE REcORDNG SHEET l~ (._;,. '..... DATE NFORMATON.. SJGNAnJRBS ln..fttl6lo. 1<2\\..."""- -. '-"' -.J ~~ &.t~.-....c..l. -.A ~' "'"cl '_i~,-~ ~ ~ """'"'.~... t1. ~--- "'" J (!i-, \\.a. t..)a.uj,-.,..q t- ~ _, ~ ~ ~ ~ N.:...!. '-""-.l...1 fu. ~ ~~ ~~ N,. ~--tj ~~"".la-\..- -~"' ~ ~..tt.. ~~ -~ """-u.. _A,..-..."--. ~ 'nt:~.'. f\ XA.,....a.... ~PD..~ 1"'-.S....,.,. \. ~~..... b~.tj.~ 11~"\~0\ 'ScJ..> ~~-~ '\..... ~~~. \~.. ~ - :A.}. ~. -~ - '- -.\a..t.1 ~ o.lu~. ~- ~.1"b l \. \~...:.. ' oli.a... -~~~-"' 1\o...,,... _&.._.A _..., n._~ _.... ~-...\-.: \.... ~ ; \...a.... ~... t\.j ~..u.. ~ "' '!!A.u. "* \... -.u.t. ~ ~"y t.. ~"' l ~\....""-t.. T'... b..al c ~. \~ ~.1. ~...t..to...,.sa.:;a\ -~"' ~... u... \.A~ ~ o...t t '-... ~ _.. \...'\ ~._,..Q. ~ J-' 'l..:l. -'~ <.:-S....\ ~ ~ ~~ --~"- :~..,_: -' ~..... b. \..:.:.\,....,., ~...! : \. l'.i. -""'~. c. a.. -. P..t:.S.. \l...t, "'"' ~.,. ~-. '-'' wl\.. c '') t-~ C. = --=-~ ~.\.u "'..Jf"oo~~~ -~ '""" ~... ~-~- ~.. ~\l ~~~,...,.~~ '\~ o...s.....l~~... -*'.\.l..._ +. ' :>.\\C\h ('C)\ o.t>. a: c.~... u.t\. :~~ ll1(~'~ 'CA' JN ('..,_... ln. ~ ' ~ \ V:lo..,.::. l... l ~1 'f,w.:;l;: Reauat~ ~\"',...~,. ~ J... ~\ """... u.... j)~,_,,,.. -~ 1\Jia. ""-1... _l..a. \-.. -~ t. t' ~ ~... _.._je J. '"'_.. l " '\,.... J..,~ "~ ""~ '-~\".:1,.. 'U!"oof\ l ~~. \. -:~.. ':A t. ~.-. ~'t\.~... \.,.,......, ~ """' \.,..." l ~\j \\«. ll' i_ e...li' -~' \\...t.. - A...,..j(\. ~ ~n......\.j...c.. ~ ~ \.\ d. ~ \. 1. \lo_~... ~' \.\. ~.A... --~ 0. ~""- '-- \ "--"' ~.i-~~- ~..J.-,.. '-.S...l u.. u ~""' ~ ""... \.."..,.,:J..,.\.,.,. ~..j,., ~.. ~ -"" ~~._:...~. ~~~ 3.. ~ '"-,...}.,.. -.~_.; ~ "''...\.-.. '""-1\'U ~ ~. "'U:'-....A v.-.,, ~"'w..a~..a ~~tc...tl u 'l".\. a,._..1_~.j ~ ~"" t. \:... ""' '~ ~"-~.!t- A.... ~-... '\i -...,~~...lj..u. ;....:. A...iow.. ~ " ~ \ ~... ~.\. ~.t.iv. \. ~~...1 Al.l-...!t.U..._...Jh~ i.'4.,.... "'"'..,.,'. u... ~ '. 1"\.1. ~.... ~.J. e-..l.... ~\tl...,. ~- ~ "\-'*.-.1. ~ ;A ' ~-. ~\~"' ' ~. ~lf"\.fll\~u.'"'..;{..._ ~ M -"'.1... ~\o ~ ; ;... ' _M ~~ "'-'t' -~....: ci..o:..,... ~~o..... ~- ;.. ~~.J...l \t... ~..., ~,\ '" -...J~,.,. \.~~. ~\X..~ ~- ~..,. ". '... " ".. <-. ~ <f,...tl, """"'~ f"'- tl...~\ -~ \l.. """"'"..t.t... - ~"-l "'--- --~ t-... ~..1..a..,. ;"l, ---~ ~ ~\ta..t..t.j. :..... ~~ ~:~ Q-l J..'\.e..AA- ~ "' ' ~ '..J...i t ~w ~ u., ' u. : -~

142 ~.. l : ~. ( ~. (;-; i l. l. l.. l. l. : ' PERFoRMANCE REcORDNG SHEET NMATE NAME:._.n...,t..?e.,..'...-='41-'""'c:-~-.!c:;::~=~---..J s.. " DATE NFORMAnON SGNA lures ~,,,\t., ln.w..t..u. t'\.....-a...a..i - w\~~.. ~J.u... ~J 1"'-l.~ -..&. t..1,. \""'\.;;. u- ~~b......t..o ~-U-\... t..:...--~- (..tll.. " l..a... :~.:0.,.\.!... ~.J 6...A ",... ~...:A-~-... _!... \.~ l..l _.. ~ J...t\~.-t ~~ ~ "'.. "'- ~ -..ll- - ~ ~ A,~ ~ ~.J..t1... -~ \..,. y. H.t. ~"-.~.J..,..._,u 1..f, -- ~ -/\ t _!..J -~.J...._e.... ~ ;J l}'fol: ~ ~..t v..-..:if,..., ~.J..:... A. J ~-...l ;.... A ~ ~... d l. ~ "'""".Ac.v. -~ ~ ~ ~... ~..l..t l &. 1\..1 1 o.- Jl...,.J...c.,.. J..1. ~ ~ "-'-.lj AS1C....Jl.... J ~. l\..l..k...c~~ t...,. w - 'l;...a. ( t\ t... ~ ~ l,......c...,.. _...k_. \ \... ~n. \f'\. o...a ::>~ u~ \......:..- ~~ ~.JJ.A~ -.._ l~h.ta,\.lo M~M~... u11"'.:a..j ~... ~l ~ o...l~ ~..3. J -'""-' "-....l- _..,...o.. J l ~"',...,....:b -...\ ~ ~ ~ '...k 0.. ~.1"'4..1>. _,_... ~ "V.... -"' ~. ~ 1'\~ \.a. ". _H.. b\o-.u _.:k~..-n.. - ~ ~ ~ : '.....:...\.0 ~ \ \.ln......i \&Alo \....J.J.. "').. '...Q.... J... no\ c.-.j- -a._~ "'"'-l."'t.. "" ' ~u~. '1. \-u.\ \ \D\ ~~:...~.)...~~ \~ ~~~. ~.,.. l.. '~\~ ~ l.v.. -~.,! \... ' J..._.\ ~,,.. ~ ~'-' ':Y'.. ~ "' ~ ~ _, ~(\... 0~ 'i.. _,.,b.. 1'\... '.ll...b. "'..J ~\Ct.. - ~'... l,... ~ +v _,. ~ -"--... ~...! S,..~ ""' 'Cl...ttS ~~.. V..... ~ v...a. ~~!... '... "-:..-.."'... :~ ,,\... 'l _h \.., ~.\ "~.. )..,... 'u... -~-..}~h..:~,. ~ ~~ t~'-u\\ \, '.,..o\_~~ ~~ a-... \.;..., ~~u.)... ~ "'"'- ~ &\\.~~ ~._ ~ ""'...&... 1\...t..."'-l~,., c".l _. ~..... \... ~.\...~ ~ &..a. '. ~.},. ~, ~ ~-~ ;.. 1.a.. - -~ ""' ~ -... ~. ~ ~&...u-.. ~-~~ '-~ ~~ a.\ ~. '1. _.. ). """ '1'-.\C::..~ ~ ~~: :A.i... ~ ~ t..\mt ~u ""...A. c -:::-.. \.,.., UJ.J.... \\l.\\.('f.")' ~~~~H...a. ~... ~ cl.i..'~,,..-.l~ "" ill 1\. }.. ~~ illo v.: ""-..a.. t~\ _ f\.~ l\ ~..l '""' C"..:: l..!-..._-.._,.\ "N~... li...±\... '""'-.. \J..."""" -.. ' "~...~ej... -~ ;_.a_..1. itl.:~'all a...-. " lou c _:~'."" ~.l..:l-\.... " ''""... ~ ~... oi- fll.-l. ~~ t... ~~ dal " :,t-,, ~ ~.'~' 1 ~ flo..._,.,a...,_.,.":..j... ~,4,. t\\.. _.o J faio '... ~. tu"._u_,.... ~~ ~ h.~ t." 6...o..:..~ ~~Wt d-~ {'\ ~~-...t-... V'\,-A ~ c c.msc QOV)l :~ -. " '... - '.'. ~ \.lll.

143 : ' 1..; l l' ~.-.. l '!. "" PERFORMANCE RECORDNG SHEET lnma'm NAME: A j tj ~ NMATE NUMBER {,()fj :~. DATe NFORMATON SJGNA 'URP.S ~ J'l.!11 1 1::>'\ fl"t 'N~ -o.~ C..U\.4 N~ t+.-.aj~u v~;4... s _l6~~ /~'"71-i~~~ts. fa')uju,.e.. j ~A'\h ~ ~ w~' c:.uv,.. aa.t- N.l...OoV\.:tt;' - '-' ( j ~ ~;...,_ ~.d...t>..~il.-.. _,.., - - i. :.1/_.d( t!j... "5: lf._ea...;._y.;, - f?!.~lf~ 'if'l_t o' ~\.,., ctj.f "'-"-s.n~ai.,..,.,...u...,-~" v.ia.t.t1 u.t-.., i:,~ tl!~. J Ql~~ otu~_~j~ f -... ijo.j ~- t.a,,... "{Al- _ltd. WC...S.N ~ c:j~.._.b\j: ~1\ ~- 'wa,\ ~ dd \Nl).~ V'-'.iv.. t- ;'1-..h.!.v.. ~t.~, J.~ Al~..,.;/J'j ~ _A-M_~ ~... f AU..11/Jl~ ~-- OJ Mo.N"~-\&... ~~; l ~.... ' -. li~,,; ' '!. (.. ;- -..,... ~ --...i '.. -~,. l. _ l l - ; \ ,.... '. ;- ~-t.'}-:.....

144 t GENN MEMORA United Methodist Chuch l: ~. ( i l Octobe 8, 2001 Re: Tey Mincey To Whom t May Concen: As got to know Tey in the fist months about 4 yeas ago, was stuck by his awaeness of how his cime had boken the social fabic in his community. He had many stoies to tell of the victims, escues, and how they had been connected to him o to his family. He appeas to have sincee eget fo decisions that obbed anothe of thei life and he, of his adult life. He is not the ebellious young man who planned a obbey gone wong. The man we see today is humoous, thoughtful, and ceative - he has made me an afghan and one Chistmas knitted scaf and cap fo me. When the pison Scabble game boad woe out and with some estiction about puchasing a new one, he made his own game boad and tiles fom plastic.. He has calmed me down when became exaspeated at some of the pison ules (especially about books o being told that my clothing is not appopiate when it is something wea to chuch on Sundays!) explaining to me that someone has abused these pivileges and so estictions became necessay. know Tey has seached to find a way to give his life meaning and pupose. He has poposed that death be administeed in such a way that his ogans could be donated to give life to othes. would tust him to speak meaningfully and tuthfully to olde childen might bing to visit him. don't know what value thee would be fo the State of Geogia to kill this man. suspect he will find a way to make his life meaningful and good if allowed to live, even though he would be in pison fo the est of his life. Sinceely, 4ti.~ Ellen. Mintzmye John A. Simmons, Senio Pasto + Cynthia V. Vaughan, Associate Pasto 1660 Noth Decatu Road, N.E. + Atlanta, Geogia phone fax

145 Octobe 21, 2001 To whom it may concen: have been fotunate to know Tey Mincey since 1982, when we began coesponding by mail. And since 1984 have visited him numeous times at the state pison in Jackson, Geogia. We met as epote and convict~ but ove time we became fiends. We emain fiends today. am not a eligious man, but do have a deep, humble belief in God's gace; and can say without esevation that an ab.iding example of God's gace in my life has been, and continues to be, Tey's fiendship. fi pay that though the mecy of those who can decide and act in such mattes, that he will be spaed his impending execution. n Apil of 1982, when Tey Mincey, Bobby Jones, and Tim Jenkins wee aested fo the Mini-Foods obbey that left Paulette Riggs dead and Russell Peteman badly wounded, was a 23-yea-old police-and-couts epote fo my hometown pape, the Macon Telegaph. Thoughout that sping and summe coveed thei posecutions: the indictment, the heaings, the guilty pleas of Jones and Jenkins and, finally, Tey's tial and sentencing. This is how fist head of Tey Mincey. And in those two decades since 1982 have gotten to know a Tey Mincey apat fom the news stoies and the pess eleases, the testimonies and coutoom aguments, the biefs and the judicial decisions that have built what appeas and eappeas in public ecods about him. n nineteen yeas, believe ~ have come to know his chaacte in a way that could neve be captued by news epots and cout filings, and this is my attempt to shae that with you. hope you will bea with the length of my lette. have efeshed my memoies and impessions by eviewing ou 19 yeas of coespondence. As you can imagine the case would be with any fiendship so lengthily documented, it has been had to decide what should include. Ultimately have pobably included too much, and hope that you will blame me, not Tey, fo imposing too much on you time. But believe it is bette that you should have too much, than too little, as we ae talking about my fiend's life. Back in 1982 fist contacted Tey afte his tial in August. He was in the Bibb County aw Enfocement Cente jail, and wote him a lette asking him if he would wite me. had spent the sping of that yea eseaching a seies of stoies about Geogia's pocess of death penalty appeals, intoduced myself to Tey (favoably, hoped) as someone inteested in heaing about his expeiences. Ou fist convesation took place on, think, abo Day, in Tey called me fom the Bibb jail. At fist was a bit intimidated, fo Tey had a "steet'' tone of voice - bluff and assetive, spinkled with jailhouse lingo - which made me way. had coveed the Macon "cops and couts" beat fo two yeas, and had enough expeience to know that impisoned people often sought out epotes fo thei "cause," and that they could be demanding and manipulative. was convinced that many ciminal defendants wee psychologically unpedictable. 'd had my shae of them call me up and ty and get me inteested in thei cases. On top of all this, Tey was a convicted mudee who was something of a mystey. He had not testified duing his tial, so had no idea what to expect.

146 But as listened, Tey's active intelligence filteed though his "steet" talk and got my attention. We talked about hobbies, places in Macon, people we both knew, impessions we had of his tial. And could tell immediately that if his mental aletness and ange of chat was any indication, Tey was obviously neithe the bain-damaged dug addict no the cold, single-minded felon that he'd been depicted as at tial. Fo example, his attaction to motocycles was not astounding in itself; but that he ecalled in petty minute detail whee and how fa he had taveled (8,756 miles in two months) on his favoite (a Kawasaki KZB ), and so on - that was petty impessive. Tey seemed to have a stoytelle's gift fo details, and he filled his anecdotes with them. He included things like how he'd met his stepnon-to-be playing chess with he son, o how he used to speed his motocycle ove the ake Tobesofkee bidge at owe Thomaston Road. When looked beyond the slangy diction, and listened to what he was saying, he definitely had an inteesting pesonality, an active mind. To a epote like myself, these wee the things that caught my attention, and made him inteesting. So, although at this point neve imagined becoming Tey's fiend, did make up my mind to go fowad with the coespondence. Tey seemed like a good souce fo "inside" infomation on jail and the death penal.ty, and he did not seem to have any paticula agenda in mind. As his lettes aived it was clea that my impession of Tey's intelligence was coect. On pape the postuing was less noticeable than the fantic onus~ of commentay and details, questions, eflections, and opinions. liked the way he esponded to my pomise "not to ty and lay any eligion on you." "That makes me wonde what you eligious beliefs ae. So let me know what you think about it," he wote back. Clealy, this wasn't the aveage convict lette, full of self-pity, complaints about unfainess, and demands fo attention. He genuinely seemed as inteested in witing to me, as was in witing to him. Within a week o two we also tied to aange a visit at the Macon-Bibb County aw Enfocement Cente. But Sheiff Ray Wilkes blocked media fom meeting with Tey, and as things tuned out it would be almost two yeas befoe we sat down and talked face-to-face. But in the meantime, Tey wote detailed answes to my questions about jail outine in the Bibb County aw Enfocement Cente, and he was sometimes disamingly open with his feelings about his cicumstances. n an ealy lette he wote, " ty to take it in stide but inside it all eally huts. The pessue of the tial was hell and my neves wee shot when cane back to jail each night]. had to take pills to calm myself fo a couple of days until could actually cope with it." Fom the time we met in 1982 Tey has adheed to his lawyes' advice that he not discuss the details of the cime. The tial, he told me, was "like eliving a nightmae." n the ealy yeas, Tey indicated to me that he was so ovewhelmed by what had happened that he found it had to imagine how he could eve begin to make amends o elieve the buden of guilt, which included not only what had happened to the cime victims, Peteman and Riggs, but thei families and even to his own. n one lette he ecounted how his fathe had decided to move fom umbe City to Tennessee "to foget the past and get a new stat whee my case isn't teaing up the newspapes," and how he, Tey, was "sad that was the cause of thei moving."

147 l. l. '... n Mach of 1983 Tey wote about emose: "Maybe eveyone doesn't want help but know a few such as me do want help. Remose is a wod neve felt o thought about until got myself into this. How anyone can be happy with what happened with beats the hell out of me. can't change what has happened but know that can ty to help in the pevention of it happening again. don't have the expet knowledge to wite a book but 'm going to ty and use enough fist hand knowledge to make notes so someone can make something useful to help people." A ecuing topic in his yea at the Bibb County Jail was Tey's (mistaken) belief that he could take educational couses once he enteed the state system and was tansfeed to Death Row at Jackson. He wote, "My fi'st list of books when hit Jackson will include a collegiate dictionay and a good thesauus." l l.. Tey woked had at leaning to tansfe his ideas to pape. He put a lot of effot and detail into answeing my questions about what life was like behind bas. Futhemoe, when asked him to descibe the convicts in the jail and what impessions they made, he included himself in his desciptions, often citically. He also talked about ange, and how his own ange ove small things was a buden to him. n Mach of 1983 he wote, " get mad when ty to explain fo someone how to help themselves ean a quicke elease, and they just listen but neve do anything to help themselves." Tey and finally met face-to-face on Decembe 12, came down fom Athens on a "special visit." Tey was in H-House at the Geogia Diagnostic and Classification Cente in Jackson, and we had finally succeeded in finding a way to have me added to his list of visitos. What emembe most is that we "ovedid" the visit. We spent nealy six hous togethe talking and getting to know each othe bette. Anyway, my visits with Tey have always been less eventful fo the details than fo the pupose they have seved us both - in Southen tems, we visited not so much fo the convesation as "fo the company." think we both used the fist few visits as a way to see whethe the peson we wee witing was the same "in peson." And, once convinced that was the case, we settled into a comfotable outine. At fist we both smoked, and would bing cigaettes and we would smoke and talk about newspape stoies, movies, books that had sent him. As we both quit smoking - he fist in 1985 o so, then in we caied on the same outine, substituting soft dinks and snacks fo cigaettes when the pison installed vending machines in the visiting aea. ove the yeas, we have tended to use the visits as times fo catching up on'ecent events and simply enjoying one anothe's company. have laughed a lot with Tey in ou visits. With his eye fo detail, he tells good stoies about his "neighbos" and the daily life on the Death Row cellblocks, and he always intoduces me to the othe inmates in the visitation aea. He loves SCRABBE and "tivia" questions, and he jokingly calls me his hied, unpaid eseache as ty and hunt down SCRABBE ules o use my libay expeience at locating answes to questions. (He went so fa as to design his own SCRABBE gameboad and tiles, and my wife made a fiend fo life when she used a Micosoft speadsheet to pint the tiles out fo him.) Tey once invested a fai amount of time in playing chess, but as he esignedly admitted to me, "'m too compulsive to be a good playe. seem to be peoccupied and can't totally focus my attention on boad stategy - thus causing moe losses." He also cochets, as do many inmates, to ty and poduce some sot of income and to make gifts fo fiends. As a esult, have come away

148 l_ l.., l' i l l. l. l: ' l' with pobably moe thc~fn my shae of cochet, including thee geat afghans - one of them lage enough fo a queen size bed - which only stopped when complained of no moe closet space. At the outset, offeed to find and send books to Tey. n the fall of 1983 found a small, second-hand bookstoe in Athens that would mail books out to Tey fo me, pe coectional ules about souces of books sent to inmates. n the ealy yeas sent him novels that he liked (ouis 'Amou, Robet udlum, eon Uis) as well"as vaious books had ead by and abbut pisones- Noman Maile's Executione's Song, Jack Abbot's n the Belly of the Beast, and so on. He was also eceiving a numbe of books fom family and fiends. n 1984 he sent a catalog of ove 150 books he had ead that yea alone. As time went on, ecommended fewe books because Tey would do his own picking of titles fom book clubs. Some of his favoites, that am awae of, includ~: Chaim Patak's histoy of the Jews, Wandeings; Tho Heyedahl's Kon Tiki; Alfed ansing's Enduance; Adventue novels by Fedeick Fosyth, Ken Follett, Clive Cussle, and Eic von ustbade; Westens by ouis 'Amou; James McPheson's civil wa histoy, Batt1e Cy of Feedom; Hamme of the Gods, a histoy of ed Zeppelin (his favoite ock band); D. Jack Kevokian's Medical eseach and the death penalty and Pesciption: Medicide; eonad Scott's Vietnam novels (Chalie ~ke, The ast Run) and Richad Macinko's Navy SEA novels (Rogue Waio); The Fobidden Zone by Michael esy, a book he fist became inteested in fo its sketch of Captain Teadwell, who an the executions at GDCC until he etied; Anything by the Bitish militay histoian John Keegan (Histoy of Wafae, The Mask of Command, The Face of Batt1e, Wold Wa, etc.); A Bight Shining ie: John Paul Vann and Ameica in Vietnam, by Neil Sheehan; Geald Posne's Case closed : ee Havey Oswald and the assassination of JFK; Swallowing C1ouds, a book-long essay on Chinese food, cultue, and language; Elaine Pagel's The Gnostic Gospels and Adam, Eve, and the Sepent. To my confessions he listened patiently, and he said something which shall neve foget: He said it seemed stange, afte yeas of elating to me as though wee somehow of a diffeent, bette class fom him, to see that had taveled some of the same oads. He said, "With a twist hee o thee in anothe diection, we could be sitting in each othe's places, you hee and me out thee." And with a small wam smile and a two-handed handshake he welcomed me to a matue wold whee would have to live with egets and make my way fowad. Soone than eithe of us expected, think, he would actually demonstate to me how it was done. n 1988 the Butts County Supeio Cout denied Tey's petition fo habeas copus elief and the Geogia Supeme Cout followed suit. Tey's state habeas appeals had been denied. n ealy 1989 he became involved with D. Jack Kevokian, who was campaigning to give death-sentenced inmates a way to "pay" fo thei cimes though ogan donation. Tey had been a dive's license "dono" befoe he was impisoned, and afte he was sentenced to death he had looked into the possibility that lethal injection would make ogan donation possible. When he leaned that injection still damaged ogans (like electocution), he had dopped the idea. Now, Kevokian was witing condemned pisones and newspapes ecommending his own band of "deep a,nesthesia" be

149 t/. substituted fo letha injection. When Macon Telegaph epote Randall Savage wote Tey asking how he felt about it, Tey was quick to espond. Tey coesponded with Savage despite the objections of people (1awyesi fiends) who thought that endosing ogan donation an counte to his own inteests. He did so despite disliking othe stoies savage had done on Tey's appeals. n a lette fom Januay 1989 Tey t61~ me he would answe Savage's questions because "this idea is a good one that needs all the positive publicity it can get." n the yeas between 1985 and 1988 he was eceiving money - mostly fom his fathe - and he was cocheting afghans to sell. Tey has always fetted about asking fo money; in his ealiest lettes, it was appaent that he agonized ove his povety and his eliance on his family fo suppot. He insisted on sending me money fo books that would have gladly paid fo out of my own pocket. But by 1989 he had exhausted most of the known outlets fo selling afghans, in pat because by then most of his family - including his mothe - had stopped coesponding o visiting. An exception was Tey's fathe. Then in late 1989 his fathe was diagnosed with teminal cance. At aound the same time he leaned that his execution date had been e-set fo the coming Febuay n Decembe Tey wote: " have no idea how my Dad will fae... Rose is my stepmom and she thinks should get a job. Obviously, if my Dad dies will neve see any help fom he. t's a totally depessing situation... "The fact that my mom, 2 sistes & 1 bothe, 1 stepsiste, 1 stepbothe, do not help, do not wite, etc. is an even wose situation. "'ve disposed of all my stuff except the vey basics... 'm just tying to wite to keep myself distacted. My dad is in teible shape... did not even tell them about the execution] date because saw no eason fo making them woy about me." Tey's execution ode was eventually vacated, and it was about this time that Tey began coesponding with Mai Ohta, a young Japanese exchange student. Mai aived as - in my opinion - a fiend of inestimable value to Tey at this time when he despeately needed hope. n June 1990 Tey wote of his fathe's having come down "so could see him a last time." Tey wites of how his fathe's avaged physical appeaance was a shock and how, though " kept my composue though ou visit, but cied all the way back to his cell]. 'm not eally sue how will deal with this in the long tem. t's tough. When he needs my help most 'm unable to do anything at all." But still, amid his legal stuggles and woy about his fathe's fatal illness, he took the time to inteupt his elations of his own woies to counsel me to "take you time and wok though" some gilfietd and wok issues was stuggling with. "You my fiend ae in the eal wold whee poblems ae always thee," he eminded me in a lette that summe. " don't have those types of poblems." Tey seemed, by the summe of 1990, to have woked his own way though a vey dak time and emeged a changed man. Dealing with his own situ.ations, he was no longe tenacious to a fault. Fo example: When it came time to paint G-House he

150 l ~.:. l. ' c: wanted to get on the paint cew in ode "to insue my cell is 100% pefect." Howeve, when some othe inmates had thei own ideas about using the paint cew to finagle exta sack lunches, Tey ended up excluded. His final comments to me on the situation wee that pisones wee "eally the same as people in AA. We have a poblem we must face each and evey day and lean to be in contol." By 1991 he was witing that he was studying Japanese, and eceiving tanslation efeence guides fom Mai and he family. n Apil had been accepted at the Univesity of Akansas fo additional gaduate study, and my moving away fom Geogia was imminent. n May we had a visit whee Tey seemed paticulaly withdawn. When got home wote and asked why, and his esponse was that he did not mean to seem moody o depessed, that he had in.fact simply been feeling quiet. "Just thinking of how fotunate am with fiends like you, Mai et cetea, makes me feel so good and also puts me in a seious type mood. ife does that to me." Ove these past ten yeas, have seen moe and moe o.f this type of seenity in Tey, moe evidence to me how he has changed. His behavio at othe times of depession is cetainly consistent with this analysis. n the time that he has been in pison, when Tey has been depessed, feaful and losing hope, he has often eacted by tying to educe his possessions ~nd/o distance himself fom his fiends. And when in 1992 Mai's omance bloomed with he futue husband, Bill Wei, Tey eacted with ealistic happiness fo he. Duing this yea, unsupisingly, he took a chance at econnecting with some women fom the pe peiod, but it opened old wounds so he ealistically dopped his attempts. n the long un, Tey went about doing what he was doing with fewe illusions and (my peception) moe acceptance: He set to wok suppoting himself as best he could, financially by making afghans, physically by execising and alteing his diet to teat his allegies, mentally by eading and studying Japanese,. socially by witing. n 1993, Tey suffeed multiple setbacks: His fathe died Febuay 9th. Of his fathe's death, he wote he was confused and chaotic, "looking fo cues," "doing some seious thinking on what have to do," and "open to suggestions." dopping his appeals would do as much ham, o moe, than doing nothing at all.. A news agency contacted him fo comments on Kevokian, who had been jailed again, and Tey seemed to be egaining balance as his focus changed fom his own poblems to those of othes. He took an oppotunity to wite the waden asking that convicts be allowed to donate blood. As he began to fo~us on extenal things he could do to be useful, he noted the change in his attitude. He put some enegy into helping a Vandebilt divinity student who was seeking his input on Kevokian and the ethics of euthanasia. Confonted by people actively appeaing to invite him to use his mind and pen on behalf of wothwhile issues, Tey decided it was bette to take an active ole in combating his depession, and he again swallowed his pide and asked fo "5 o 10 o 15 dollas a month." Witing about his coespondence with Melissa Donahue, the Vandy gaduate student, he again taught me a thing o two about managing expectations. had maied my wife in 1993 and much of my coespondence with Tey now included bits and pieces of my whining o uncetainty, especially about having taken on a wife with two young daughtes who became my stepdaughtes. And what Tey was able to tell me about his evolving elationships with people was of help to me. in adjusting my own expectations, a big accomplishment in my own gapples with my newfound oles as husband and paent.

151 \' l... (. '. l ' (Tey's "success" in pison- his minimal conflicts o disputes with othe inmates - has been facilitated, think, by his genuine inteest in and espect fo othe people's ideas and beliefs. This has minimized his conflicts with them, o shot-cicuited them. Thus he has neve been the souce of touble to the institution that some pisones, bent on manipulating o contolling othes fo some peceived advantage, have been.) "As get olde," Tey wote in Januay 1994, " see less and less in common with my much younge associates and fiends. So guess 'm going though anothe stage in life with no idea what to do about it. But 'm tying to keep my sense of humo. t's '94 and 'm tying to take a slowe appoach to eveything and hoping that style will enable me to deal with things bette." And in his next lette, specifically in elation to the coespondence he was caying on with Ms. Donahue, he wote that he expected thei coespondence to cease once he'd given he what info he could fo he theses, but that he had adopted a new attitude to this sot of "beak" in a elationship. "'m pleased could be of help egadless of how limited it was. Am becoming too cynical? Pobably. 've leaned fom many past expeiences that you can't make fiendships out of nothing, and it takes common inteests. And 've also had my shae of those who mean well and attempt to boost my spiits by asking me to help them with tem papes. My stepbothe and stepsiste ae two pime examples. The papes came out well but that's all the contact we've had since the mid-'80s. But 'm telling you this because need an outside souce to keep scoe fo me concening if my analysis of this comes tue o not... do my best to be ealistic and matue in ecognizing that life does not wok that way i.e., that any chance encounte can o must esult in an enduing fiendship], but those tempoay connections can be good, and when the sepaation does occu it does not have to make eithe paty sou on the othe." n 1994 and 1995, Tey often wote about changes going on in the pisons. Changes in the coectional system by the goveno led to swift and fequent tunoves in administation and ules. on occasion, Tey let these ules bothe him and cause him to do things like educe o stop his book equests. n 1994 he descibed poblems with inmate stoe stocks but announced his intention to be pesistent, having leaned in the pas.t that continuing his witten appeals had paid off: "Due to my tenacity got us, J, and K cochet hooks and blue yan and peanut butte. You could not believe all the excuses head ove the yeas, but kept at it. 'll continue the same way on the oxy-10," which he thought the stoe should cay fo acne suffees as well as fo "black gu~s who get ashes fom shaving with azos." By the fall of '94, Tey's fiend Mai Ohta was maied and pegnant and Tey made sue that emained up to date on all the details, as was also an "expecting" paent. He kidded me about my enty into "the 'dad' business" and made sue that, like Ma-i, undestood that all childen should be intoduced ealy to ed Zeppelin! (Ove the next few yeas, though the bith of Mai's fist boy, Tao, and he second, Shogo, whethe wanted to o not eceived fom Tey all the details of the young boys' gowth and thei escapades duing Mai's visits to GDCC. n a typical passage fom a 1997 lette, he fetted about how_tao fell duing a visit and got a bad buise on his head. " fea it may have damaged the undelying bone because it swelled up so fast and was blue as soon as we picked him up. 'm waiting fo an update now. Mai will moe than likely dismiss it as just a outine expeience fo a kid, but it has me woied sick.") f

152 \..! i l.. l.' \ My daughte was bon ±n Januay 1995, and aound the same time my fathe became vey ill. My visits and lettes dwindled as my family esponsibilities gew, but Tey was typically willing to give me moe slack than felt justified in taking. Heaing of my dad's illness, in typical Tey fashion he withdew his equest fo some aticles and a book, telling me not to woy about him while such things wee impeative. And when my dad died in Mach of that yea, Tey wote a shot and vey touching lette. At this point, in the mid-1990s we settled into a outine of elying on occasional lettes. With a new baby in addition to my two stepdaughtes, my family life equied a lot moe of my time. Tey and adopted a "keep in touch" attitude - was typically fogetful in emembeing to send money to him, but would tell him to not woy about asking. He would wite with small equests evey five o six months: Could help him locate ten'nis shoes that he used to be able to ode but which wee no longe available; could send 25 dollas to help out with magazine subsciptions that wee about to expie: and simila small things that had pomised to help out with. He kept me up to date on his othe coespondents, and shaed his thoughts and feelings on the executions of people that had been fiends of his on Death Row. Aound the same time, some of Tey's elatives in southeast Geogia had begun to wite and visit him. Since his fathe's death, Tey had spent a lot of time eading ove navy histoy (his fathe had been a WW2 naval vetean) and looking into family histoy. cannot emembe whethe he contacted these elatives as pat of his genealogical inteests, o whethe he had aleady been in touch and they ageed to help him out. But, when moved to New Hampshie, Tey and decided that it made sense fo him to emove me fom his "egula" visito list in ode to enable some of his cousins to visit without seeking "special" visits. And although his uncle Heny has been getting olde and not quite as able to tavel as he was, Tey and that wing of the Mincey family have been petty egula coespondents these past five yeas. n Mach ;97 Tey's siste Masha had esumed witing him afte moe than ten yeas of no wod. His esponse: "'m petty bitte about how they tuned thei back on me, but want family unity and will ty to wok towad that no matte what." As it tuned out, Tey's willingness to wok things out has led to a econciliation of sots between Tey and his mothe. By 1998 he wites of how his mothe is helping him with his genealogical seaches, and although he does not expessly say whethe he and his bothe ae on speaking tems, he does mention with some pide that he has a new niece via Wayne and his wife..! - (' n mid-1998 Tey mentioned how he was getting a lot of lettes fom a nephew, Wayne J., who was "building 270 days in the Califonia Youth Authoity System." Tey wote, "He wites a lot but that's because he is in jail with nothing else to do. He will build a lot of time, too. His wods make that clea. Just 'like me, he does not see the pesonal flaws and can't alte them until he admits them to himself. But 'm going to wite and maybe can be of some use without peaching to him about what he has to do." Finally, as mentioned above, one of the ways Tey has chosen to spend these past few yeas is though genealogical investigations. Just as he thew himself behind ogan donation lobbying in 1989, he has devoted a lage amount of time these past five yeas to eseaching his "family tee." He has put a lot of effot into constucting a chat which includes a couple hunded ancestos, based on inquiies he has made to elatives. Much of the incentive fo this has been, again, the desie to contibute something useful..

153 ' l ; l : " l.: ( t *** have not tied to build a case fo what Tey could do wee his death sentence commuted. fankly am not sue what he would do. He has said the pospect of living in pison the est of his life is a feaful pospect to him. believe that he would do his best to make, in his own wods, "something useful." Still, should you talk to Tey today know that he will tell you that he admits his esponsibility fo the events of Apil 12, He not only admits, he accepts the esponsibility fo his ole in the cime, and he is pepaed to accept the sentence he was given. But it is my belief that, should his sentence be commuted, he will move fowad as he has fo the past nineteen yeas - tuning his emose into his mission, taking what life puts in his path and making the best he can of it. Remose: Meiam-Webste's dictionay defines it as a "a gnawing distess aising fom a sense of guilt fo past wongs." Tey once told me that his tial was "like e-living a nightmae." believe this is why you find Tey lobbying to die unde Kevokian's deep anesthesia -- to peseve his ogans fo donation. t is why he lets the Macon Telegaph publicize his effots, even though he knows that, like clockwok, the mention of a condemned pisone in a newspape is like a bellwethe that summons the "lettes to the edito" which sceam at posecutos to explain why he still lives and to uge legislatos to educe appellate eview. Remose is why Tey taces family lineage fo a family that, as often as not, has tuned thei backs on him, o wites a nephew in juvenile detention in the hope that he can make a lasting impession by his own despeate example. n Tey's own wods: "Maybe eveyone doesn't want help but know a few such as me do want help. Remose is a wod neve felt o thought about until got myself into this. How anyone can be happy ove beats the hell out of me. can't change what has happened but know that can ty to help in the pevention of it happening again. don't have the expet knowledge to wite a book but 'm going to ty and use enough fist hand knowledge to make notes so someone can make something useful to help people." And, lastly, his change fo the bette: Tey has spent nealy twenty yeas eflecting upon his life and his actions, and with much wok he has let go the immatue mindset and eactions that led him to do so much damage to the wold aound him. He told me many yeas ago (above) that "a few such as me do want help." Death Row inmates don't have access to the coections system's educational facilities, but that hasn't stopped Tey. stop to wonde at what he could have done with his Japanese language had he had access to something as simple as tapes. O a compute. Ganted, he fofeited those things many yeas ago when he impulsively ended up with a gun in his hand, in a ca with Bobby Jones and Tim Jenkins. But believe Tey Mincey is no longe the eckless, angy young man of Apil Paticulaly in the yeas since his fathe's death, he seems to have undegone a damatic, tempeamental change in the way he manages ange, the way he handles fustations, losses, and anxieties. The "old" Tey tended to be tenacious to a fault, detemined to foce his will and way though poblems with ange. But.to talk with Tey today is a diffeent expeience. He seems to have been vey successful at leaning to use patience and a sense of humo. When we ae talking about something and he stats to get agitated, he is awae of it, and instead of

154 l... l.. l. (. 1. giving his ange the ~ein he waves it off, laughs, sighs, whateve. This is not the same Tey who, at 22, had to go back to jail at night and take sedatives to calm down fom the anxiety of "eliving a nightmae." Whethe it's a new mail office who intepets the ules diffeently to Tey's disadvantage o a cellblock neighbo who won't bathe, Tey accepts what life puts in his path with a sobe, ealistic mindset. When a cellblock neighbo gets on his neves, he makes an effot to appoach the peson.and see what, if anything can be done. f nothing, he ecounts this to me with a laugh and a "what the hell... " f he and the pison staff have a disageement, he puts his agument down on pape instead of caying it in a chip on his shoulde. He no longe expesses the "all-o-nothing" attitude of an immatue young man, but commits himself to doing what little he can. Maybe it just means occasionally talking to a peson athe than building a wall between them. These ae the details that fo the past ten yeas have seen moe and moe fequently in Tey's stoies about life on Death Row, and they epesent to me a league's diffeence. He has changed. *** To close, would like to shae with you something came acoss in the couse of my wok at the Univesity of Geogia ibay. As mentioned, manage an histoical eseach collection about Geogia and its people. n 1996, fo the 300th bithday of the state's founde, Geneal James Edwad Oglethope, the Geogia Histoical Quately published a collection of essays and testimonials, James Edwad Oglethope : new pespectives on his life and legacy. happened to pick up this book the othe day, looking fo an answe to a eseache's question about the life of Oglethope. And as was eading this collection, discoveed two inteesting passages. The fist was a seldommentioned but authoitative fact about Oglethope, the founde of Geogia; the othe was a quote fom a commemoative semon held at an English chuch once attended by Oglethope. n the fist, Si Keith Thomas of Oxfod Univesity told how the 26-yea-old Oglethope killed a man in a "night-house of evil epute," in Apil 1722 "when ovecome with wine," Then as now, mude was a hanging offense but, "Somehow," Thomas wote, "he got away with it." The second passage is fom the book's epilogue, by the Reveend John Ashe, Vica of Godalming, England. t is a commemoative semon entitled "Oglethope's ife as God's Gace in Action." Ashe wote: "Founding the colony of Geogia gave people an oppotunity fo a new stat-pehaps a second chance afte failue; and that is a pinciple which lies at the heat of the Chistian gospel. The Chistian gospel wites no one off as useless. Chist offes us all a second chance-o even a thid o fouth o fifth. ndeed the wods of Jesus suggest that we should give each othe a 'second' chance as many as 'seventy times seven' times... To find ways of giving people a second chance, of helping them to ebuild thei lives-these ae Chistian actions. Thee is a saying about helping othes: 'Give a man a fish and you feed him fo a day; Teach him to fish-and you feed him fo life." Geneal

155 f.: l.; Oglethope might be said to have fed people fo life-by ceating new oppotunities fo them to stat again." Second chances - that is the poud legacy of the Geogia that call hone. That is what want to tell my daughte as she gows up. Second chances. ceating new oppotunities. Feeding people fo life with mecy, not with the old feas and unyielding wathful ange of that old man met on Highway 16 that day in 1984, that day when made my fist visit to Death Row to visit Tey Mincey. And pay that you, as tusted sevants of Geogia, will conside this legacy when you conside the fate of my fiend. Respectfu:J_ly, l Keith Hulett 155 Pebble Ceek Dive Athens, GA 30605

156 Octobe 22, 2001 Geogia Boad of Padons and Paole, l.. t '. t: ("' My name is Jennife Weathes. have been coesponding with Teny Mincey fo about two yeas and my gandfathe and have had seveal visits with him. My gandfathe, Heny Mincey, is Teny's uncle, which makes Tey and cousins. He is extemely intelligent and often talks of subjects that don't know much about. He loves to ead and likes tivia questions tying to stump me and eveyone else fo fun. am manied with two childen and he always asks about my childen and family. He is vey inteested in meeting my husband and pay that one day he will. On visits with my gandfathe, who will tum 82 yeas old next month, Tey is always concened about his health and well being. He is vey gateful and appeciative of ou time togethe and of being able to see his uncle who is unable to dive. On many occasions Tey has expessed emose fo the ole he played in the events that took place 19 yeas ago. don't see him as anything but a kind, caing and intelligent peson, who have no doubt would futhe educate and bette himself if given the chance. Thank you fo the oppotunity to addess the boad. Sinceely, (J~~ ~nife Weathes

157 M. WalteS. Ray The State Boad of Padons and Paoles Floyd Veteans Memoial Building Balcony evel. East Towe 2 Matin uthe King, J. Dive SE Atlanta, GA i l _: Dea M. Ray,. This is a equest to have Tey Mincey's death sentence commuted to life impisonment. This option was not available when he was oiginally sentenced. Having known Tey fo almost 5 yeas, it does not make sense to me how it would seve the state of Geogia to execute him. He knows his conduct as a young man was epehensible but has ehabilitated himself duing his 19 yea stay on death ow. He has used his time wisely in self examination, self education and an outeach into the community making fiends. He has had an exemplay ecod while on death ow. He has been given no oppotunity to make etibution to the families whose lives he toe apat. Ou system punishes pepetatos, but has no egad fo the victims of cimes. nstead of killing mudees. why not make them wok and suppot those they have banned? What message do we send to ou childen. What ehabilitation occus fo the felon? s the state of Geogia fo ehabilitation? f so, you need to eally look at this case. Tey is no teat to society and would even be an example to othe inmates if taken off death ow. Sinceely. ~~~ Astid K. Jackson 807 ull wate Road Atlanta, GA ( ~ ( _

158 Septenbe26,2001 l._ j!. i ' l l {. l: i l. Ms. Amy G. Donnella Attoney at aw 301 Chamounix Rd. St. David, Pa U.S.A. Dea Ms. Donnella: am witing this lette to you today in the hope that it might help you and those concened know a little moe about my old fiend, Tey Mincey. Though ou daughte in Noth Caolina, Mai Ohta-Wei, Tey and became acquainted with each othe some ten yeas ago, and since then we have been coesponding egulaly. ealize the cime Tey committed was a gave mistake and am cetain that he ealizes it also. ealize also that do not know all that goes on aound him in pison. Fo me, howeve, he seems to be a most nomal peson, a good citizen, except fo the fact that he committed this cime. Though my daughte, povided a few books of the Japanese language fo him, and he made a geat effot and taught himself the language well enough to undestand and wite some simple sentences. Ou.family has eceived the things he made with yam and othe mateials, which to me is a vey good poof of his effots to impove his life. He has fequently impessed me with his knowledge about affais in Japan, including spots. am sue that he is knowledgeable about othe pats of the wold as well. Fom what leaned about him, believe Tey is a good peson, and do pay that his sentence be educed and that he be allo'wed to continue to be my fiend in pison. Sinceely yous, oioohta Pofesso (Ameican Studies) Tezukayama Gakuin Univesity Osaka, Japan Enc. One of Tey's envelopes

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