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Jerry Banks, a black man, was sentenced to death for the murders of Marvin W. King and Melanie Ann Hartsfield, both whites.  King was a local band director and Hartsfield was a 19-year-old ex-pupil of his.  While rabbit shooting in a wooded area, near Stockbridge, GA, Banks came upon their two dead bodies.  He then hurried to a nearby road, flagged down a motorist, and told the motorist to call the police.

Police withheld witness statements from people who happened to be near the scene of the murders when they occurred.  At least one of these statements was from a law enforcement officer.  All witnesses reported they heard several gunshots fired in rapid succession.  Banks's gun - a broken, single-action shotgun - could not have fired those shots.  Police also withheld the name of the motorist who backed up Banks's claim of finding the bodies.  In addition, they withheld the name of another suspect who happened to be a law enforcement officer.

Police confiscated Banks' shotgun for test firings.  Two shells found at the crime scene did not match shells from Banks' gun.  About a month later a third shell was found at the crime scene that did match a shell from Banks' gun.  Banks was subsequently convicted.

It was later determined that the lead investigator in the case, Phillip S. Howard, had a history of falsifying evidence.  He had even “tampered with and manipulated evidence involving [shotgun] shells” in another case.  Howard said he found the third shell the day before he took Banks' gun for test firings.  However, credible evidence indicated that the shell was found after the test firings.  It was believed that the third shell came from the test firings.  At the time of this finding, Banks was facing a third trial.  The DA decided to drop charges.  Banks was released in 1980.  (TWM)  [4/08]

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