What new evidence was discovered? One is a white male whom had confessed to the crime and the police had arrested this guy, charged him with the crime. A white female witness whom lived downstairs in the apartment where the crime happened at. She had seen a white male with blond hair running away from upstairs and away from the apartment. She gave police this information. Then number of witnesses at the mortuary witness him there touch observing him. He ran out into the parking lot to his truck. He was arrested, charged with the crime. He confessed to the crime. The police said they had no doubt that he had committed the crime because of his confession matched the crime. When they reviewed all evidence. He also admitted to touching fondling the victim body, face, breasts, stomach, vagina, etc. He gave both head and pubic hair for the police had found white male blond hair that was not the victims’. They were not looking for a black man at all. This white male was allowed to go home to come back. Something that a black man could never do in the south. He even took a polygraph examination. The white suspect stated to the police that he knew that he would fail the test because he would be nervous. He also stated that while at the funeral home he felt her breasts, stomach, vagina area, neck face. He stated that he didn’t know why he did this. Also told the police that nothing could be proved unless police found the pistol that was used. To this very day the pistol hasn’t been found at all.
During my trial I was the only black person in the courtroom besides one female reporter Mrs. Dec Amstrong. If you ever watched an old movie of the 50’s, where a black man is on trial for rape, murder of a white female, then you know what my trial was about. The all-white jury, the D.A. Office, they were totally in control of Columbus Georgia. The jury pool is always made up of people the D.A. knows, church members, club members, as well as the public defender, controlled by the D.A. Office. Back then, an old white man, who called me ‘boy’ throughout the whole trial William S. Cain, sr. ; he would not object to an all-white jury, even though he knew it was not legal at all. If he had objected, it would be ground for new trial. But by him not objecting to it, the courts said it was legal; allowing my conviction to stay. He and other lawyers in Columbus Georgia agreed with the D.A. Office not to challenge the make-up jury pool, nor asked to have a case moved to another town to be sure of a fair trial. This secret deal is only to hurt blacks on trial for crime against white people.
Getting new lawyers wasn’t easy. The courts ruled that my trial lawyers did a great job; yet anyone could tell you he was ineffective assistance of counsel. He could not name one person he talked to for my defense. He didn’t challenge state evidence. He never told me of any evidence. Nothing at all. I won’t lie, for years I wanted to see William Cain in any court room. I wanted to kill him; then I could die for murder if I did. His death… But God changed my heart; I have no ill will for anyone. I’m in prison, not because of the crime, but because I had an ineffective lawyer. Me being a nigger in the south, I never knew of any evidence before my trial, nor while doing my trial, only years after. The white suspect has been at different funeral homes, taking pictures of young white blond female bodies and fondling them. Police next began to develop a theory that the victim had been sexually assaulted after being shot. Suggesting that the crime committed was not rape, but necrophilia. The reinvestigation established that he had a prior history of molesting corpses of young white females at local funeral homes. Investigations found further support of this version of the crime from the medical examiner, Dr. Webber, who told the police that the victim could have been sexually assaulted after being shot and the heart could have beaten several minutes even though. There was probably no brain activity; this would account for the bleeding in the victim’s vagina.
Now, there has been semen found on the victim’s bath robe as well as in the victim’s vagina and also white male blond hair. There was never anything mentioned about semen evidence that was found, nor that white male hair was found. So, why is that? Semen evidence is the most important evidence of the crime. ‘The smoking gun.’
I was arrested on January 30, 1977 for two counts of armed robbery. That same day, I was also charged with another white female murder Mrs. Ann Whitman. Then the rape, robbery, murder of Mrs. Wright. Listening to my sorry racial ass Lawyer who meant me no good; he got me to plead guilty to two counts of armed robbery, sentence 2 to 12 years. Then to plead guilty to voluntary man slaughter, 20 years. Me, not knowing the law, trusting the lawyer, the state used those cases against me to sure the jury would sentence me to death.
I was given other lawyers. All just went through the normal motions; not caring whether I’m innocent or not. Most felt I was guilty, so no one fought to prove my innocence.
I have now bypassed the Georgia Supreme Court appealing to the Federal District Court. Georgia is delaying my case. The Superior Court Judge John D. Allen, would not rule to allow an investigator to come look for lost evidence free of charge. At first he agreed to it, but later nothing happened. The ex-D.A. would not touch my case after May 2011. May 2011 hearing the D.A. Office admit to holding more evidence, when I brought up the semen evidence. They said in court on record that they had determined that semen on the house coat belonged to the husband. Also the blond hair was the husband’s. But there is no record of that. So again new discovered evidence they hold back on. Everything does establish my innocence very much.
Christmas was just another day. No special meal. I didn’t get what I wanted; freedom. But life goes on, that’s for sure. I do get very frustrated at times. Get pissed like when my case was in 11th circuit court of appeals. The court rules that it doesn’t matter that I didn’t have blacks on my jury. Outcome would have been the same. Then they rule that a white death row inmate should get a new trial, because he didn’t have a female on his jury. Again doors close in my face, yet watching the door open for others with issues less important than mine. So, I came to believe that I’m not here because of the crime, but because I’m a poor nigger. They love killing niggers in the south; it’s called modern day lynching. When the tea party does get in control of this country, it all will come to light for sure. Often I wish that I never came off death row. Execution would have been better than suffering in prison the rest of your life. Each day passing by, by not knowing you’re going to get a knife in your back, get robbed or caught in the middle of a war gangs is throughout the system. The food is so bad; a dog wouldn’t eat it. Often old and spoiled. You get sick, however you have to pay $ 5.00 just to see someone. Then pay for medical too. The only things they care of is, how much money they can make of an inmate in every way. Hell can’t be much worse than this, that’s for sure…!
Peace,
Johnny
