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
