Johnny Lee Gates

April 2011

2011-07-04T05:59:00.001-04:00

I was transferred on January 27 to Macon State Prison. Then on January 28, I was taken to the Columbus County Jail to have my February 1st Court date. My hearing on extraordinary motion for a new trial and DNA testing. The judge heard and listened and will set another court date soon, to hear more. I will send him (the court) more exhibits to show that new discovered evidence would help to prove my innocense.
I do feel good about everything and am looking forward to going back, because the judge is truly listening and wants more exhibits.
I'm well, doing okay. Just taking one day at a time. I'm closer to Columbus, but this prison is worst then Hays. But I'm alright and will be alright, as I'm just living one day at a time.
My next court date is set for 19th of May 2011, at 10.00 a.m. I don't know how things are going to turn out. I can only hope and pray for the best. I do know that I stand alone in the belly of the beast.
I had settle out of court for life without parole, agreeing that I had all my constitutional rights, that I was not giving them up, to keep fighting my conviction. Just a few days ago I found out my lawyers lied to me and tricked me saying the DA agreed that I have all my constitution rights if I accepted the life without parole.

January 2011

2011-01-25T06:23:00.001-05:00

Finally some positive news. I'm going to court before the same judge, on February 1st, 2011, at 12:30 pm on the 7th floor, Judge John D. Allen.
1. Extra ordinary motion for a new trial
2. Motion requesting DNA testing
3. Motion to compel court order
4. Motion to vacate and set aside verdict
5. Motion for evidentiary hearing and facts
This is what I wanted. I must now ready myself for this hearing for this is my big chance to turn things around, win my freedom or a new trial, or cut my sentence. Finally the door has now been reopened for me by the will of God...
I will let you know what happened in court for sure. This is a hearing on all my motions. I must prove to the judge that I should have all these things, to be set free.

May 2010

2010-05-23T04:46:00.000-04:00

Another day in the belly of the beast of this southern Georgia prison. I’m still waking up each morning with a strong will to fight for my freedom. I just mailed to Columbus GA Superior Court my legal motions and briefs, hoping the Court will give me another day in court.
There’s no such thing as justice. Not in this country, nor in the world. It is one of human greater mythic words. If you think it’s not, then you tell John the Baptist, tell Jesus Christ, tell the black man, black people. You hear of terrible crimes in the world (what a tragedy). The world doesn’t know that black Americans are essentially people of tragedy. Tragedy, irony and paradox have been the core of our existence. It’s impossible for white Americans to see black men in a tragic light.

Black men have always been seen as guilty of any crime, especially crimes against whites.
In the 90’s a white female screamed that a black man carjacked her car with her two children inside. A white mob went looking for black males, dragging blacks out of cars, homes, etc. It was a hoax. She drove her car into a lake killing her children.
A white male called the police saying his pregnant wife was shot and killed by a black man. A mob gathered, blacks were dragged from homes, cars, off the streets, beaten, etc. Another hoax. The husband killed his wife and shot himself. These two examples of many, just in the 90’s. Black man is accused, just by word or mouth.
In prisons, there are so many innocent people of every race, but black men outnumber all others. That’s my word. Justice fakes illusion of reality.

I was arrested in 1972 with an illegal arrest warrant. The indictments were not legal. Evidence, that was in my favour was destroyed and suppressed. All the courts never step into undoing the wrong. Of course not, it was a black man charged and sentenced to death. In their eyes, everything was right. Just kill the nigger. Has it been a white charge with this crime, he would have gotten off death row by a new trial. If it’s been a white crime against black, he would have been found not guilty. In case found guilty, on appeal he would have been found not guilty or got a mistrial. That’s the white men’s justice. Even the defence lawyers won’t touch, nor challenge it. If you say, you see blacks set free, after doing 10, 20, 30, 40 years in prison... Yes, in most cases white fearless college students take up the case as a class project. You call that justice? It is not. A man spent 30 years on death row in a southern state; only when a prosecution attorney was about to die from cancer confessed of the suppressed evident that proved a black man was not guilty. That’s justice?

Justice... myth to fight against, like the dummy the whites see me as. It would be even more of a tragedy for me to be as so many blacks have been taught; to be happy and be a good nigger. The belly of the beast won’t kill me nor destroy me. I’m above all that you throw at me. I refuse to be your slave, you have turned blacks against blacks, turned families against their owns’. But this man here can stand alone, sees through the myths, fake illusion you depicted. I won’t cut down or down size every black man or boy. They depicted him as a child or of pathos. This one man knows the fundamental truth is always one big white lie.

February 2010

2010-02-19T08:10:00.001-05:00

This is a new year, yet nothing seems to change. Stabbing and killing still goes on in prison. Society is kept in the blind about most of what goes on in prison. January 29th, made 33 years that I’ve been locked up. Now it’s been 7 years that I’ve been off-death row. Being off is not a reason to celebrate. How can an innocent man celebrate when he is still locked up with a slower death sentence (life without parole)? You have a weaker voice now, less people listen, less people care. You are more alone than ever before. You find yourself not only fighting the system, but fighting against those who said “take care”. They want you to be silent. To be happy and make no noise at all. Yet they go home every day to family, loved ones, have children, celebrate holidays, etc.
I’m not seen as human, not supposed to have these things in my life. I should be like blacks in slavery time. Cattle that have no emotions, feelings, no means at all. I face discouragement every day from inmates whom given up on lawyers and others. But I refuse to listen to their voices. The struggle for me is not over. I’m not free at all. I’m still working on my case to get back in court. I have great issues. No lawyer is taking my case now. They don’t want to be the one to help, set a man free who deserves it. It doesn’t bother me. Jesus was left alone at his darkest moment, I guess this is mine...

I heard from a childhood friend a few months ago. It brought true joy to me she told me she believes in my innocence very much. Even while it was just a short note it meant a lot to me, to know someone out there in that cold heartless world does care.
One loses touch with emotions and feelings in prison so often. I have not and I will not. The beast if out to destroy everything a man is supposed to be. A man in Georgia prisons on visitation days are not allowed to hold a female hand. Not allowed to touch or share one quick hug or kiss. They block movie channels and magazines with females. Lock you down for talking to a female guard or staff member, but support gay homosexual activity. If you are caught, you will only end up a few days in the hole. I refuse to go down that road. A lot of guys got aids and are taking it back into the free world. I’m not against gays at all; I’m only speaking about the beast and the injustice which goes on inside it.

October 2009

2009-10-26T09:00:00.002-04:00

Hello, here’s an update about what’s going on recently. I went to court last year. My motion was turned down. I came back to hell hole. I had to take up daily life.
This prison is turning crazier every day. Gangs growing. A lot of fights, stabbings and more stealing. The guys are so young, hard headed, and difficult to talk to. They won’t listen. I stay to myself more and more.
The 20th of November I will be 54 years old and still in prison. I do give thanks to God for allowing me to see this day and for keeping me safe. Yet, being locked up all these years hasn’t been easy. Being lonely isn’t a good feeling at all. There are passing days, weeks without mail. There’s no one to feel close to.

A few weeks ago I accidently discovered that I’ve illegally been in prison for 33 years. This goes back to the first day of my arrest. The police officer had given an affidavit to a judge in order to get the judge to issue an arrest warrant for my arrest. This is illegal, because he swore that he knew to the best of his knowledge that I had committed these crimes. How did he know? Was he there? Who told him? Where did he get this information? He never gave the judge any answer to those questions. So, that makes the warrant for my arrest illegal, my trial illegal, conviction illegal, sentence to death illegal, being held in prison now illegal.
I hope that my lawyers will take up my case again and fight for my freedom and to clear my name because my fourth amendment rights had been violated totally.
Just imagine, state of Georgia tried to execute me, set dates for me to be executed, only because of my illegal arrest.
My life is taken away from me all these years by police, judges, D.A’s. All above the law. No one will go to prison, no one will say “I’m sorry”. They don’t give a damn at all. It’s just a game to them. Political game and I’m just a pawn in the games they play. The prison is just a business to make money out of inmates, out of their families, friends, who ever. They don’t care, except for the money.
Life, what’s life really about? Nothing seems real anymore. Everything is artificial, a delusion. This is a fucked up world and life. So I just got to be real. Have to keep staying strong. Survive the best I can. What else is there?

August 2008

2008-09-03T08:09:00.001-04:00

Here, in the belly of the beast it is hot. Sweating day and night. Right now the prison is cutting back on everything. Less food, cutting back on soap and toothpaste from once a week to once every two weeks, one razor a week, one roll of toiletries a week, deodorant once a month. A prison soap doesn’t last 3 days. It’s a small bar, small tooth paste as well.
Now there are 2 men at a cell here, 8 men sleeping in the TV-room. The Georgia-prisons are over crowded. They don’t release anybody. Just pack them all in. It’s a business now, making money of inmates, charge inmates $ 5.00 each time for medical and dentist. Disciplinarians $ 4.00, also store prices raised.
A phone call is high as hell. When you first come to prison they take $ 1.00 each month.
So cutting back on everything, yet they say that they have no money. Accept cookouts for the officers, new ice boxes for them, etc.
This prison is close security; less movements, less things to do. They want to destroy your spiritually and mentally. They do succeed in it with a lot of guys; some turn gay, some lose mind, some care about nothing anymore. Lose faith, even in themselves. I’m still that wild lion which they can’t tame. A black warrior who’s awake each morning, ready for the battle again.
Pen pals help so much; they take you outside these walls, give you something to look forward to. Someone to talk to, share laughs with.
Life is still true hell in prison, where no one should ever want to come. Easy to get here into the belly of the beast but truly hell trying to get out. This is hell on earth, the more when you are innocent!

June 2008

2008-09-03T08:08:00.001-04:00

In June 2008, I sent notice of appeal and my case appeal sit in the Georgia Supreme Court, it is still pending. I hope they will accept to hear my case (# S08H1599).

April 2008

2008-09-03T08:05:00.000-04:00

Since I’m off death row, i haven’t stopped fighting for my freedom. Lawyers told me that all doors are closed for me. Yet, I’ve never been willing to accept that. Talking with other inmates, read law books for hours at a time. Got frustrated and mad at times. Often, when I thought I went forward, I got knocked backward or a U-turn. It seemed like it that the lawyers were right that all doors are closed to me. Still, didn’t want to give up.
January 2008. Another guy and myself came up with a total different way of looking at my case. All these years it has been handling about criminal law. The lawyers who worked on my case are criminal lawyers as well. They don’t meddle with civil action. I found cases and laws which deal with civil action. Also those which dealt with indictments. After looking at my own indictment, I found out that it is a void indictment. There’s no essential element in it, while they need it in order for the indictment to stand. No lawyer has ever challenged my indictment in court.

In January 2008 I filed a motion to arrest of void judgment with an affidavit. The court accepted my motion and set a hearing date for March 13, 2008 to the challenge. I was over excited that I was given a hearing.

By coincidence my pen pal from Holland and her husband were coming from abroad to USA for a vacation in that period and visit me at the same time. I was very pleased about that too. I was thrilled that I could finally meet them and that they were even able to join the hearing together with my sister and two other friends (since 27 and 30 years), to support me. The two visiting days were really great and wonderful. I enjoyed it so much. I didn’t had a visit since more over than 2 years. It felt so good to get my mind out of prison for couple of hours these days.

Unfortunately my March 13th hearing didn’t take place, because the D.A. didn’t gave the prison notice to have me transferred to court. Everyone was very disappointed and so was I. The judge set a new court date for April 30th, 2008. My friends were not there this time. I was alone again, like I was 32,5 years ago. However, I do believe that I did well. The judge denied all of my motion though. That wasn’t a surprise, because a superior court cannot rule on matters of law. Only the state supreme court and federal courts can rule on matters of law.

December 2007

2008-01-06T05:35:00.001-05:00

I no longer wait for my lawyers. I've now decided to fight myself and try to get back in court.

Letter to Board of Parole

2007-10-12T13:40:00.000-04:00

To: Georgia State Board of Pardon and Paroles
Re: Motion for pardon of sentence of life without parole
Johnny Lee Gates
State of Georgia

My name is Johnny Lee Gates, prison number EF521727, I.O. number #385231. I am housed at Georgia State Prison Reidsville Georgia, with the sentence of life without parole, for murder, that I received November 12, 2003 in Columbus, Georgia Muscogee County by Superior Court Judge, John Allen. Judge Allen had declared a mistrial November 12, 2003, during a mental competency trial. Attorneys for both sides then agreed to allow life in prison without parole. Mr. Gates attorneys agreed to it, only to spare their client’s life.
Johnny Lee Gates was arrested for murder, rape and armed robbery of Mrs Katharina Gertrud Wright, January 1977. Mr. Gates had confessed to this and other crimes, because of fear. Threads made against him by police officers. Mr. Gates was on drugs at the time. He was showed number of times, pictures of the crime scene and of the victim’s body, as well being told over and over again what he had done. Mr. Gates was not allowed to see an attorney, nor make a phone call. Mr. Gates was represented by ineffective assistance of counsel who advised him to plea guilty, to voluntary manslaughter of the shooting death of Mrs Ann Whitman, a crime that Mr. Gates didn’t do. There was enough evidence that pointed to someone else. Mainly the victim’s own words to who shot her.
Mr. Gates was given a court appointed attorney, public defender, Mr. William Cain sr. Mr.Cain failed as an attorney during trial of murder, rape and robbery of Mrs Wright. Failed to impeach state key witness with prior inconsistent statements made to the police with substantially undercut his identification of petitions at trial. Failed to challenge the make up of an all white jury. Failed to call key witnesses that saw a white male running away from the victim apartment, who had given statement to the police. Failed to call key witness who worked at the mortuary, where the victim body was, whom saw a white male foundling with the victim body. Failed to question arresting officer about this male, who went before the Grand Jury, to seek indictment against this male, stating that he had no doubt that this male had committed crime, because of this person confession to the police, given information of the crime that only he knew. Failed to challenge evidence of the crime. No black male pubic hair was found, no fingerprints was found day of the crime nor day after crime. Failed to challenge of the fingerprint that was found day after Mr. Gates arrest, that was said, was Mr. Gates. Failed to ask of the semen and Mr. Gates blood, that was tested that the crime lab found to be in seclusion. There was no match of Mr. Gates blood with the semen, as well Mr. Gates blood type is O- and B+ was found at the crime. That was not the victim, nor Mr. Gates. Failed to call witnesses for Mr. Gates defense, to who could have testify in his behalf. Failed to challenge the confession, for the confession didn’t match the crime and the evidence of the crime.
Please read Judge Allen’s statement of Mr. Gates mental competency trial, where he said the evidence doesn’t match. That it doesn’t make sense, even said that the state has violated Mr. Gates constitutional rights, due process by destroying all of the evidence of the crime in 1979, even before Mr. Gates appeal to the Georgia Supreme Court, January 2003. Judge Allen went to say that it seems that he has an innocent man in his courtroom. Counsel for Mr. Gates did no investigation of the case, talked with no one of his family or people who knew him. Counsel could not give one name of a person he had talked to. No record he kept with names of people he talked to counsel, only asked Mr. Gates once to take the witness stand and Mr. Gates took the stand. Counsel out right lied about of Mr. Gates refused to take the stand going to save his life. As well lied that he told and shared with Mr. Gates all he was doing and of the evidence that he had. Counsel William Cain sr., was often calling Mr. Gates “boy” doing the trial, and threatened Mr. Gates as blacks were threatened in 1950’s, of a crime against a white person, white district attorney, white public defender, and all white jury. White Judge, only black person in the courtroom was Mr. Gates. It was a modern day lynching of Mr. Gates.
Mr. Gates, is appealing to you, the Georgia State Board of Pardon and Parole, for pardon of the sentence of life without parole. Grant Mr. Gates relief of this unjust sentence, allow Mr. Gates to leave Georgia or country for good, not to even return.

Sincerely
Johnny Lee Gates
EF521727, #385231