April 3, 1992 – (TRIAL) State of Georgia vs. William Jonathan Mayo
Presiding Judge: Robert E. Flournoy, Jr. (deceased), Cobb County Superior Court
Prosecutor: Van Pearlberg, Cobb County, Sr. Asst. DA (still in office)
Defense Attorney (court appointed): Frank Guy Smith (deceased)
Co-defendants Tyrone Wilson and Dale Thomas (real name Odell Thornton) pled guilty to armed robbery and became witnesses for the state against William Mayo. Tyrone Wilson and Dale Thomas each received twenty-year sentences for testifying that William was the mastermind of the crime that they committed. William was attempting to mentor Wilson and Thomas and to show them that they could have a better way of life than what they were living in Chicago by furthering their education. During their trip to Atlanta William showed them around Morehouse College and the Atlanta University Center. William wasn't aware that Wilson and Thomas were drug dependant not interested in furthering their education -- but were only looking for any opportunity to support their drug habits.
THE ALIBI
Patrick Burnett was an associate of William's who lived two houses away from the house where the robbery occurred. William had stopped there to pick up some belongings he had asked Burnett to keep until he could return to Atlanta. William thought certainly Burnett would testify that he was at his home when the robbery occurred but instead he gave false testimony that William did not come to his house on the day the robbery occurred. It was discovered 12 years after William's conviction that at the time of Burnett's testimony he had a Dekalb County indictment for Credit Card Fraud under an alias name. Unknown to the jury Burnett was also on probation in several metro Atlanta counties for other financial felonies.
THE ALIBI'S ROOMMATE
Claude Benjamin Jenkins aka Brandon Hill was a roommate to Patrick Burnett. Jenkins also testified for the prosecution but under the alias name of Brandon Hill. He gave false testimony that William called him and asked him to vouch for his whereabouts on the evening of the robbery. Unknown to the jury Jenkins had an open case in Cobb County which went un-prosecuted until supporters of William Mayo brought the hidden warrant to the attention of the authorities in 2004. Jenkins/Hill was also on probation in various other metro Atlanta counties. As a career criminal with an extensive criminal history Jenkins/Hill too has never served any substantial jail time. Jenkins/Hill has and still enjoys protection from Cobb County's District Attorney's Office even after admitting under oath on September 13, 2004 that he perjured himself during Mayo's Trial. The Cobb County D.A.'s office insists that Jenkins' admittance of perjury is "immaterial" to William's case. However, the Honorable Judge Dorothy Robinson states that : "Giving false statements is the way that perjury is defined." and that his testimony under a false name in William's case "Could be material if you have charges pending against you and if you have a criminal record and you can be impeached by it if you testify in your real name. That would certainly be material." Still, the Cobb County D.A.'s office has made no move to investigate this matter.
William was represented by state appointed attorney Frank Guy Smith (deceased). After only forty-five minutes of deliberations William Mayo was found guilty of all five counts by a jury of eleven whites and one black Charges: 2 Counts of Armed Robbery, 2 Count of Aggravated Assault and 1 Count of Burglary.
Immediately following the verdict Judge Robert E. Flournoy, Jr. (Deceased) sentenced William to 2-Life Sentences for the armed robbery charges; 2-Twenty year sentences for the aggravated assault charges; and 20 years of probation for the burglary charge. William never received a sentencing hearing, he was sentenced on the spot.
January 1993 – Motion for New Trial
Judge Robert E. Flournoy, Jr. (deceased), Cobb County Superior Court
Defense Attorney (court appointed): Brian DuBuc
Judge Flournoy denied the one page skeleton motion filed by Attorney Dubuc who filed the motion without reading the trial transcript.
September 1993 – Extraordinary Motion For a New Trial
Cobb County Superior Court, Judge Robert E. Flournoy, Jr.
Attorney: Daniel Henderson, Atlanta & Attorney: Steven Hart, Atlanta
State Attorney: Van Pearlberg, Cobby County District Attorney Office
The two perpetrators of the armed robbery (Tyrone Wilson and Dale Thomas [aka Odell Thornton]) came forward to tell the truth for the first time that William had no involvement or knowledge of the crime they committed and was innocent of the crime he had been convicted of. Judge Robert E. Flournoy, Jr. (deceased) -- was the same Judge who oversaw the original 1992 trial; ignored the new evidence and denied William’s motion for a new trial by simply stating “I remember the case and Motion for a New Trial Denied!”
December 1995 – State Habeas Corpus Evidentiary Hearing
Tattnall County, Reidsville – Georgia State Prison, Judge Cavender
Attorney: John A. Pickens, Atlanta
State Attorney: Attorney General
Tyrone Wilson and Dale Thomas testified for a second time that William Mayo had no knowledge or involvement in crime they committed and gave an open apology to William and his family for the pain that was caused.
July 1998 – Federal Habeas Corpus Appeal
Federal Court, U.S. Northern District of Atlanta, Judge Richard Story
Attorneys: John A. Pickens and Jay Strongwater, Atlanta
On July 21, 1999 Federal Magistrate Hagy have his report and recommendation to deny William’s Federal Habeas Corpus action. On August 9, 1999 the appeal went before Federal Judge Richard Story for final review and disposition. Judge Story adopted the magistrate’s opinion and denied the Habeas appeal in May, 2000. Judge Story refused to grant an application for Certificate of Appeal ability to the 11th Circuit Court of Appeals.
October 2000 – 11th Circuit Court of Appeals
Attorney: Michael K. McIntyre, Atlanta, GA
Attorney: Clyde Bennett - Dinsmore & Shohl Law Firm – Cincinnati, OH
After a $35,000.00 effort the 11th Circuit Court of Appeals refused to hear William’s case.
Click to hear Tyrone Wilson's June 2000 radio interview on Tracy Live.
June 10, 2005 – 2nd State Habeas Corpus Evidentiary Hearing
Calhoun County Superior Court – Judge Wallace Cato
Attorney: Linda S. Sheffield, Atlanta
State Attorney: Mark Gilbert, Attorney General Office
The 2nd State Habeas Corpus Evidentiary Hearing ended up being a hoax. After months of Attorney preparation, witnesses being tracked down arrested & subpoenaed, and approximately 70 supporters traveling in from Cincinnati, Ohio, Philadelphia, Pennsylvania and as far away as Tucson, Arizona; Judge Wallace Cato dismissed the Habeas Corpus proceeding within fifteen minutes after it began without hearing any of the new compelling evidence we were ready to present.
Click below to read Professor James Clingman's eyewitness account of the events that transpired this day.
July 19, 2005 – Filed Motion for Reconsideration filed on dismissed Habeas Corpus
Attorney: Linda S. Sheffield, Atlanta
July 21, 2005 – Written Order Dismissing Habeas as a Successive Petition
Judge Wallace Cato, Calhoun County Superior Court
August 18, 2005 – Filed Notice of Appeal, Calhoun County Clerk of Superior Court
Attorney: Linda S. Sheffield, Atlanta
Attorney: Wayne S. Tartline – Belli Weil Grozbean & Davis, LLP, Atlanta
August 22, 2005 – Filed Application for Certificate of Probable Cause
Georgia Supreme Court
Attorney: Wayne S. Tartline – Belli Weil Grozbean & Davis, LLP, Atlanta
February 13, 2006 – Denial of Habeas Corpus Application for Certificate of Probable Cause
Georgia Supreme Court
Chief Justice Leah Sears was the only Justice to dissent.
PENDING
May 12, 2006 – Petition for Writ of Certiorari (pending)
United States Supreme Court
Attorney: Douglas J. Davis – Belli Weil Grozbean & Davis, LLP
DISTRIBUTED for conference of September 25, 2006
