
In 1997 I was charged with armed robbery on a multi count indictment (#97-c-23657) in the Superior Court Of Houston County , Georgia. After I was convicted by jury in January of 1998 .
The District Attorney" Kelly Burke" disclosed to the court that , The State would be seeking ""Life without the possibility of parole under O.C.G.A 17-10-7 section A."
And went on to say , that Mr. Davis (Jessie Askew Jr trial counsel )was put on notice of this before trial. Way before this trial started , we had some discussion about a plea offer that did not require nearly that kind of time.
Rodney Davis replied , Your honor , if I may object , "There was no discussion of a plea offer!"
Mr. Burke added , "There was never anything written, we had some discussions!"
Rodney Davis reiterated , "Nobody has discussed any plea offers with me!"
The Assistant District Attorney" Mr. Rockefeller" interjected , "If I may speak your Honor , since I was the one who did the discussions."
"What we discussed was that if Mr. Davis withdrew his trial demand that we would happy to discuss a plea offer.""
The judge sensing that I was not properly informed of Life without parole said . " Well ,what I,d like to do is ,take a minute or two and look again at what the statue which The State say's that there basically no alternative."
And the Judge was right about what he sensed , not only was not informed about life without parole. I was never informed of any plea , for I was under the impression that I had no other alternative but trial.
In a letter to me dated November 28th 2005. Mr. Rodney Davis stated , "As far as warning you about a life without parole sentence if you were convicted. I can not say for certain if I warned you about that"
After I was denied my motion for new trial , I hired Elizabeth Lane to represent me in a habeas corpus in 2003. And I asked her on many occasions to ask Mr. Burke if he would consider resentencing me under a lesser sentence.
She responded with a letter in which I still have till this day saying." She talked to Kelly Burke , and he said he didn't want to go on record an admit that there was a plea offer. And she advised me and my parents not to ever get in contact with Kelly Burke.
Well , after I was denied my habeas corpus petition. My family reached out to the former District Attorney in 2013. And not only was he willing to go on record but wrote an affidavit on my behalf and said. Well , after I was denied my habeas corpus petition. My family reached out to the former District Attorney in 2013. And not only was he willing to go on record but wrote an affidavit on my behalf and said. "It was intention to work towards my release upon completion of 15 year's had he remained District Attorney. Because he felt like this was the most disapprotionate sentence his office had ever imposed based on age , and non-violent criminal history up to that point and the circumstances of the case."
In June of 2013 legislation was passed in the form of House Bill #349 which gave judges discretion to override sentencing guidelines as they fit.
In December 2018 a DeKalb County court rentenced a man by the named of Christopher Williams in a extraordinary motion for new trial hearing .
As he became the first man in the state of Georgia to be resentenced under House Bill #349.
Which is ironic ,, ironic because Christopher Williams and I have identical cases.
We were both charged with armed robbery. None of the victims in either case were physically injured. Both codefendants received a plea of ten years to serve. And both of us was sentenced to life without parole.
The difference between the two is , although Christopher Williams was not armed , he had a prior armed robbery conviction , where as I had no prior violent history.
I WROTE AND ASKED MR BURKE WHY WAS HE TRYING TO HELP ME NOW BUT WOULDN'T HELP ME WHEN MY ATTORNEY MRS ELIZABETH LANE CONTACTED HIM ABOUT ME?!! MR BURKE STATED SHE NEVER ONCE CONTACTED HIM ABOUT ME, PERIOD. MR BURKE WROTE ME AND SAID THAT IF WHAT I WAS ALLEGING MRS LANE DID WAS TRUE THEN THAT IS AWFUL AND I SHOULD TELL THE COURTS. I THEN WROTE AND SENT MR BURKE EACH LETTER MRS LANE WROTE ME AND MY PARENTS STATING SHE CONTACTED HIM. HE COULDN'T BELIEVE IT !!!
What my State habeas corpus attorney Elizabeth Lane did was criminal, underhanded, deceitful and unbecoming of a officer of the Court. She purposely lied and DECIEVED me and My parents for whatever reason and it has costed me 11 extra years in prison. Instead of contacting Mr Burke who was already working towards modifying my sentence Mrs Elizabeth Lane flat out LIED!! IN CALIFORNIA IT'S A CRIME FOR A LAWYER TO LIE TO THEIR CLIENT !!
I HAVE EVERY LETTER TO PROVE MRS LANE LIED AND DECIEVED ME AND MY PARENTS!
I do swear that this is the truth the whole truth and nothing but the truth , and I have all the documents to back up what I am saying.
Jessie James Askew Jr