05 LC
14 9197S
The
House Committee on Appropriations offers the following substitute to HR
108:
A
RESOLUTION
Compensating
Mr. Clarence Harrison; and for other purposes.
WHEREAS,
in the early morning hours of October 25, 1986, a woman was attacked as she
walked to a bus stop in downtown Decatur, Georgia. The woman was grabbed from
behind, struck on the head, and dragged to an unknown location where she was
sexually assaulted. The woman was subsequently dragged to two other unknown
locations and again sexually assaulted and her wrist watch was stolen; and
WHEREAS,
physical evidence was collected from the victim, including the clothing that she
was wearing and other evidence that was capable of showing DNA; and
WHEREAS,
in June of 1987, Mr. Harrison was tried for rape, kidnapping, and robbery in
DeKalb County, Georgia. Mr. Harrison maintained his innocence from his arrest on
November 5, 1986, and throughout his trial, but the victim identified Mr.
Harrison from a photographic line-up and a witness who lived in the neighborhood
where the attack occurred identified Mr. Harrison as a man who had come to her
door on the evening of the attack and circumstances suggested to her that he was
the assailant; and
WHEREAS,
Mr. Harrison was convicted and on June 26, 1987, he was sentenced to life in
prison for rape and 20 years each for kidnapping and robbery to run consecutive
to the life sentence; and
WHEREAS,
in September 1998, Mr. Harrison sought DNA testing but the laboratory conducting
the analysis was unable to produce results due to previous testing of the
evidence; and
WHEREAS,
despite being told that all of the evidence in his case had been destroyed, Mr.
Harrison continued to try to prove his innocence. In 2004, with the consent of
the DeKalb County District Attorney and Mr.
Harrisońs
attorney, further DNA testing, which was
not
available in 1987, was performed, and the test concluded with 100 percent certainty that Mr. Harrisońs DNA did not match the DNA from the semen obtained from the victiḿs rape kit and therefore he was not the perpetrator of the crimes for which he had been tried and convicted; and
available in 1987, was performed, and the test concluded with 100 percent certainty that Mr. Harrisońs DNA did not match the DNA from the semen obtained from the victiḿs rape kit and therefore he was not the perpetrator of the crimes for which he had been tried and convicted; and
WHEREAS,
based on this new evidence, the 1986 indictment against Mr. Harrison was nol
prossed on August 31, 2004; and
WHEREAS,
Mr. Harrison was immediately released from custody after serving 17 years, nine
months, and 26 days in prison; and
WHEREAS,
during his imprisonment, Mr. Harrison was divorced by his wife and virtually
prevented from seeing his two children throughout his incarceration; he missed
the birth of his first grandchild; his mother and one sister died; and he
suffered from medical conditions including a worsened back problem that causes
him now to have to walk with a cane, migraine headaches for three years for
which he received no treatment, and due to a delayed diagnosis of kidney cancer,
he had to have a kidney removed; and
WHEREAS,
Mr. Harrison has suffered loss of liberty, personal injury, lost wages, injury
to reputation, emotional distress, and other damages as a result of his nearly
18 years of incarceration and expenses in trying to prove his innocence; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other
damages occurred through no fault or negligence on the part of Mr. Harrison, 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 Corrections is authorized and directed to pay the sum of $1 million to Mr.
Clarence Harrison as compensation as provided above. Said sum shall be paid from
funds appropriated to or available to the Department of Corrections and shall be
in full and complete satisfaction of all claims against the state arising out of
said occurrence.