hr161_LC_38_0913S_hs_4.html
09 LC 38 0913S

The House Committee on Appropriations offers the following substitute to HR 161:


A RESOLUTION

Compensating Mr. John Jerome White; and for other purposes.

WHEREAS, in 1979, a man forcibly entered the home of a 74 year-old woman in Meriwether County and robbed, beat, and raped her; and

WHEREAS, a young man named Mr. John Jerome White was convicted of the crimes, largely on eyewitness testimony, and sentenced to life in prison; and

WHEREAS, he was paroled in 1990, but subsequent convictions caused him to be returned to prison to serve out the life sentence; and

WHEREAS, DNA tests conducted at the urging of the Georgia Innocence Project led authorities to identify the actual perpetrator of the crimes, a man with whom law enforcement was familiar and who was in the lineup at the time the witness mistakenly identified Mr. White as the perpetrator; and

WHEREAS, on December 10, 2007, Mr. White was released after his 1979 indictment was nol-prossed; and

WHEREAS, Mr. White, now 48 years old, lost almost three decades of his life and is now the longest serving of the nation's exonerees due to post-conviction DNA testing; and

WHEREAS, Mr. White has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his 28 years of incarceration and expenses in trying to prove his innocence totaling $3 million; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. White, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $709,090.00, to be paid out in a 20 year annuity to Mr. John Jerome White as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

BE IT FURTHER RESOLVED that all payments and all obligations of the state for any and all future payments for such annuity shall cease upon the date of death of the beneficiary, Mr. John Jerome White, and no such annuity shall be assignable under any circumstances. All payments shall cease upon any further felony conviction.