{"id":92702,"date":"2025-01-17T10:01:14","date_gmt":"2025-01-17T10:01:14","guid":{"rendered":"https:\/\/tvbrazilusa.com\/2025\/01\/17\/a-georgia-prosecutor-has-long-regretted-sending-a-man-away-for-life-can-he-fix-it\/"},"modified":"2025-01-17T10:38:07","modified_gmt":"2025-01-17T10:38:07","slug":"a-georgia-prosecutor-has-long-regretted-sending-a-man-away-for-life-can-he-fix-it","status":"publish","type":"post","link":"https:\/\/tvbrazilusa.com\/pt\/2025\/01\/17\/a-georgia-prosecutor-has-long-regretted-sending-a-man-away-for-life-can-he-fix-it\/","title":{"rendered":"A Georgia Prosecutor Has Long Regretted Sending a Man Away for Life. Can He Fix It?"},"content":{"rendered":"<p> <script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-8864793242727901\"\r\n     crossorigin=\"anonymous\"><\/script><br \/>\n<\/p>\n<div data-testid=\"companionColumn-0\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Kelly Burke took a few labored steps to the witness stand and looked toward a large video screen in a rural Georgia courtroom. There, he saw the face of a man, beamed in from a nearby prison, whom he had sent away 25 years earlier for life without parole.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke, a former district attorney, hadn\u2019t seen the man, Jessie Askew Jr., since the sentencing in 1998. He had insisted at the time that Mr. Askew, then 24 years old, deserved to die in prison. On this spring morning in 2023, Mr. Burke planned to tell the court it was the biggest mistake of his career.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Both men had changed since then, though Mr. Burke\u2019s transformation was more dramatic. Once an imposing 6-foot-7, he was now a hunched cancer patient who relied on a motorized wheelchair. Complications from the disease had left him thin and unable to swallow. And he was deeply troubled by a self-inflicted wound to his conscience.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cGood morning, Mr. Burke,\u201d Mr. Askew said, representing himself because he couldn\u2019t afford a lawyer. \u201cWould it be fair to say you remember my case?\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-1\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cVery much,\u201d said Mr. Burke, whose trouble swallowing caused saliva to build up, making him at times hard to understand.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Askew was hoping to persuade a judge to overturn his sentence for an armed robbery in 1997. Mr. Burke was his only witness.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke had already outlived his doctors\u2019 expectations. After almost 20 years of trying to get Mr. Askew\u2019s sentence reduced, he knew this was likely his last chance to help.<\/p>\n<h2 class=\"css-1u37br4 eoo0vm40\" id=\"link-30b67779\">An Angry Prosecutor<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">In September 1997, Mr. Askew and his cousin, wearing masks and carrying unloaded shotguns, burst into Morrison\u2019s Fresh Cooking, a restaurant where Mr. Askew once worked. They herded Mr. Askew\u2019s former co-workers into a cooler and fled with nearly $5,000 from cash registers, but they were quickly arrested.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-2\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke, then 38, was the new district attorney for Georgia\u2019s Houston County, a community dominated by agriculture and the Robins Air Force Base. During his campaign, residents and police had told him the justice system was too easy on people charged with crimes. That sentiment was widespread, prompting lawmakers across the United States to enact sometimes draconian new sentencing laws. Mr. Burke agreed that tougher punishment was needed, though he had never prosecuted a case before he was elected district attorney.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-3\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The holdup at Morrison\u2019s angered Mr. Burke. No one had been injured, but the crime had terrified workers who could not have known the shotguns weren\u2019t loaded. And Mr. Burke was certain of Mr. Askew\u2019s guilt. Despite the mask Mr. Askew wore, his co-workers easily identified him. His cousin was wearing the same worn-out striped shirt Mr. Askew often had on at work because he couldn\u2019t afford other clothes.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">During the trial, Mr. Burke said, he offered a 15-year sentence if Mr. Askew pleaded guilty. If he didn\u2019t take the deal, Mr. Burke recalled telling Mr. Askew\u2019s lawyer, he would file what he called a recidivist motion. He was referring to a new law saying that people could be sentenced to life without parole for their fourth felony if the crime was a serious offense, such as armed robbery. Mr. Askew was eligible because the robbery was his fourth felony; the first three were nonviolent crimes.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">According to Mr. Burke, Mr. Askew\u2019s lawyer, Rodney Davis, turned down the deal. Mr. Davis, who declined to comment, testified a decade after the trial that prosecutors never made an offer.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Whatever the truth, the trial proceeded and Mr. Askew was found guilty. (His cousin, who had fewer prior convictions, pleaded guilty in exchange for a 10-year sentence.)<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-4\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke ultimately blamed his own inexperience for his failure to explain his plans to Mr. Askew\u2019s lawyer clearly. The law Mr. Burke had planned to enforce was just one in a batch of new statutes meant to lengthen sentences. Mr. Askew\u2019s lawyer appeared confused in court, arguing against a different statute from the one Mr. Burke cited.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Because of the misunderstanding, Mr. Askew and his supporters didn\u2019t realize when they arrived at his sentencing in March 1998 that he might never go home again.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Before revealing the sentence he sought, Mr. Burke listened to Mr. Askew\u2019s relatives and pastor testify for mercy. They described the 24-year-old as the son of working-class parents who toiled long hours for their children and raised him and his four siblings in church and sports. After dropping out of high school, he struggled to keep even the low-paying jobs he could find. Like many young men who can\u2019t see past the weekend, Mr. Askew dreamed of fast money. He tried harder when the birth of his daughter brought a jolt of reality. But it meant he needed more money now and grew desperate.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Witnesses said he was a good person who had the drive to overcome his past mistakes. Even some of the former co-workers he had robbed spoke on his behalf, testifying that he doted over his baby, whom he often brought to work because he had no child care.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Dora Clarington, Mr. Askew\u2019s aunt, said her husband, a barber, had a job waiting for him; Mr. Askew dreamed of opening a barbershop with his brothers, Nortrell and James.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-5\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Nortrell Askew spoke of his immense gratitude to Jessie for saving him from drowning when they were boys. Nortrell said they wanted to use the barbershop to find ways to empower local young people to build better lives.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI got a lot of dreams,\u201d Jessie said crying on the stand, \u201cmainly raising my little girl.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">When Mr. Burke told the judge he was seeking life without parole, a gasp rose from Mr. Askew\u2019s supporters. Mr. Burke turned, surprised by their surprise, and saw shocked faces.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cHis family appears to be fine folks, but Jessie isn\u2019t,\u201d Mr. Burke said, his voice still sturdy and clear. \u201cAnd so the law has a remedy for Jessie Askew.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Under the law, the court had no choice but to impose life without parole. After watching the judge pronounce the sentence, Mr. Burke told a reporter, \u201cMr. Askew will never breathe another breath of free air.\u201d<\/p>\n<h2 class=\"css-1u37br4 eoo0vm40\" id=\"link-1c5cf4dc\">\u2018I Take Full Responsibility\u2019<\/h2>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-6\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">In early 2000, The Atlanta Journal-Constitution began reporting on the rise in sentences of life without parole in Georgia. A reporter called Mr. Burke to ask about the Askew case, noting that his sentence stood out as harsh considering that he had not physically harmed anyone.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke told the reporter that Mr. Askew should have pleaded guilty. \u201cHe didn\u2019t want to admit to his family that he did it,\u201d he said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Time in the job began to change Mr. Burke\u2019s perspective. A year later, he prosecuted a man for stabbing a person to death, but couldn\u2019t seek life without parole because the crime didn\u2019t meet state guidelines. In 2002, Mr. Burke won a murder conviction against another man who ended up with a chance at parole.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In his second term, Mr. Burke came to believe that life without parole ought to be reserved for people who commit horrific violent crimes \u2014 not someone who robbed a restaurant with an unloaded gun and was caught when people recognized his shirt.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">He began to feel he had gone too far and hadn\u2019t considered how poverty and desperation affected Mr. Askew\u2019s life. Mr. Burke believed his own immaturity played a role in the case, too. He realized he had pushed for life without parole because he was angry that Mr. Askew demanded a trial.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-7\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke decided that pushing to reduce Mr. Askew\u2019s sentence was his responsibility. But Georgia, which doesn\u2019t give its governor pardoning powers, has no second-look law to allow for disproportionate sentences to be reviewed. Experts consider such laws critical in addressing disproportionate sentences imposed in the tough-on-crime 1990s.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">So, in 2005, Mr. Burke tried a simple plan: He checked the trial records for errors to overturn Mr. Askew\u2019s conviction. Seeing none, he contacted the parole board, which told him they couldn\u2019t help Mr. Askew because of the \u201cwithout parole\u201d part of his sentence. Mr. Askew remained in Telfair State Prison.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">A thought pursued Mr. Burke: I was too damn hard on him.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In 2009, Mr. Burke sent a message to Mr. Askew through his uncle. Mr. Burke wanted to tell Mr. Askew he had been too harsh and wanted to help him be resentenced.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">For more than a decade, Mr. Askew woke up every morning in a dorm surrounded by other men condemned for life, but he never gave up. He stayed out of trouble, worked as a medical orderly and earned certifications in trades like forklift operation and industrial painting. Through a prison program, he worked with young people at risk, trying to prevent future incarcerations with his \u201ctestimony.\u201d He was overwhelmed to learn that Mr. Burke, who knew nothing about his transformation, also saw his worth.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">With Mr. Burke on his side, Mr. Askew finally saw a path toward his own freedom. He asked his lawyer, L. Elizabeth Lane, to arrange for Mr. Burke to testify on his behalf in a habeas corpus hearing, a proceeding that challenged the legality of his incarceration. But she told him in a letter that Mr. Burke declined to \u201cgo on the record.\u201d Mr. Askew was confused and hurt, and his habeas corpus petition was denied in 2011.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-8\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Years later, Mr. Burke would testify that Ms. Lane never contacted him. And Ms. Lane would turn in her law license as she faced disbarment over her handling of a different case. She didn\u2019t respond to calls and emails requesting comment.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">After Mr. Askew hired a new lawyer, Mr. Burke swore out multiple affidavits in hopes that they could sway the current district attorney or bolster a legal filing. Mr. Burke said in the affidavits that he took \u201cfull responsibility\u201d for the sentence Mr. Askew had received. But the way forward wasn\u2019t clear because Mr. Askew had exhausted his appeals, and while Mr. Burke had changed, the law had not.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke asked his two succeeding district attorneys<strong class=\"css-8qgvsz ebyp5n10\"> <\/strong>to support resentencing Mr. Askew, but they declined.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In 2017, Mr. Burke was diagnosed with skin cancer that soon migrated to his spine. By 2021, it had ravaged his body and nearly taken his voice. He saw the disadvantages young Black men like Mr. Askew faced and hated that he pushed for the system to destroy his life. He feared he would die before he could find a way to help.<\/p>\n<h2 class=\"css-1u37br4 eoo0vm40\" id=\"link-13394ee4\">Jessie Askew\u2019s Only Witness<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">In March 2021, a friend of Mr. Askew emailed Mr. Burke. Was he still willing to help Mr. Askew?<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI continue to believe his sentence is, in hindsight, too harsh,\u201d Mr. Burke responded two hours later. \u201cI\u2019m sorry I had a part in it but I will do whatever I can to change it. Please tell Jessie that I am praying for him and his release.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-9\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Askew, who later started to represent himself, was overcome and wrote an email to Mr. Burke. For many years, he had been angry with Mr. Burke, but he came to see him as an honorable man. Mr. Askew realized they were both trying to overcome mistakes they had made when they were less mature.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cGod bless you forever,\u201d Mr. Askew wrote, apologizing for his \u201cstupid\u201d crime \u2014 the worst mistake of his life. \u201cFrom the bottom of my heart, I want to say thank you for all you have done and your mercy.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">It was two more years before Mr. Askew could ask Mr. Burke about his regret under oath.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The hearing on Mr. Askew\u2019s habeas corpus petition was held on April 4, 2023, before Judge Howard C. Kaufold Jr. Mr. Askew, in a small room at the prison, noticed that Mr. Burke was the only witness who had shown up. Mr. Davis and Ms. Lane, his previous lawyers whose testimony he said he had requested through letters, weren\u2019t there.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-10\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">An assistant state attorney general, Ronald Daniels, began by asking Judge Kaufold to dismiss Mr. Askew\u2019s petition, saying he didn\u2019t have any appeals left and had already failed with a habeas petition that raised some of the same issues as the latest filing.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-11\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The judge said he would allow the proceeding to go ahead and decide on the state\u2019s motion to dismiss later, clearing the way for Mr. Askew and Mr. Burke to start.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cMr. Burke,\u201d Mr. Askew, 49, said into the web camera, \u201cwhat sentence did you believe was fair?\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cFifteen years.\u201d Mr. Askew had been in prison for 26 years.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cDid you have frustrations that my attorney appeared to be wasting your time?\u201d Mr. Askew said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cYou and your attorney, as far as I was concerned, were wasting my time,\u201d Mr. Burke said, citing the hard evidence against Mr. Askew. \u201cIn hindsight that was the wrong position for me to take, and I regret it because I think I violated your rights.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke testified that during a break in the sentencing, the judge had privately tried to convince him to withdraw his motion for life without parole because it wasn\u2019t fair.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cBut I stood stubborn,\u201d Mr. Burke testified, still frustrated that he hadn\u2019t listened.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">To Mr. Askew, the moment felt unreal. Here he was, condemned for life, compelling his former prosecutor to say he had violated Mr. Askew\u2019s right to due process by purposefully enacting a disproportionate sentence.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-12\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke\u2019s testimony was crucial to his case for freedom. But it wasn\u2019t the only evidence that Mr. Askew needed the judge to hear.<\/p>\n<h2 class=\"css-1u37br4 eoo0vm40\" id=\"link-62b00251\">The Cost of a Broken Car Window<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Askew was eligible for life without parole after the Morrison\u2019s robbery because he had pleaded guilty to three other felony cases in 1994, the year he turned 20: forgery, burglary and criminal damage to property. Nobody had been hurt in any of the crimes.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Askew\u2019s uncle and close friend, Bernard Askew, was the victim of the forgery. In 1993, when Jessie needed money, he signed Bernard\u2019s name on a check. The uncle was away in the Army and Jessie didn\u2019t know how to reach him, but he was sure he would have been told yes. Bernard learned that someone had passed his check from his bank, which called the police before he knew who was responsible.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Bernard said in an interview that he considered it a misunderstanding between loved ones and not a crime. He hated that it had played a role in his nephew\u2019s sentence. \u201cI\u2019ve got a burden on me,\u201d he said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The burglary conviction came after Mr. Askew broke into an unstaffed concessions stand at a city park in the summer of 1994, hoping to get snacks or money.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-13\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The criminal damage to property charge stemmed from an incident at S&#038;E Auto, a used car lot. Trying to steal a radio, Mr. Askew broke the passenger\u2019s window of a 1986 Honda Accord.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">While Mr. Askew was preparing his petition, a fellow prisoner, a self-taught legal adviser pointed out that he had pleaded guilty to criminal damage worth more than $500. But the adviser said there was no way a car window cost $500 back then. That meant the crime was actually a misdemeanor, which meant Mr. Askew had two prior felonies, not three. He wasn\u2019t eligible for life without parole. Crushed, he realized that he should\u2019ve been home long ago.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cDid you know,\u201d Mr. Askew said in court, \u201cthe actual damage was $100 as opposed to in excess of $500?\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI didn\u2019t know that, but it wouldn\u2019t surprise me,\u201d Mr. Burke said, impressed by how well Mr. Askew was doing during the hearing. They hadn\u2019t gone over the questions.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Both Mr. Burke and Mr. Askew knew that if one of the three prior felonies was in fact a misdemeanor, then the sentence was never legal.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-14\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">As Mr. Askew prepared to wrap up, he thought he saw a familiar fire in Mr. Burke\u2019s blue eyes. They were all he recognized through the years and toll of disease. The last time Mr. Askew saw that fire was in the hearing in 1998, when Mr. Askew thought Mr. Burke made him look like a monster.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cIs there anything that you would like to add?\u201d Mr. Askew said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cYes, sir,\u201d said Mr. Burke, turning to look at the judge. \u201cI\u2019ve been in hospice twice. And I\u2019m convinced that the reason I\u2019m back is to make sure this court is aware of my feelings about the sentence of Mr. Askew.\u201d He paused to accommodate the excess saliva.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cMy biggest regret in my 40 years being an attorney is that Mr. Askew got treated the way he did because of my actions.\u201d<\/p>\n<h2 class=\"css-1u37br4 eoo0vm40\" id=\"link-21721027\">The Decision<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">More than a year passed while Mr. Askew awaited the judge\u2019s decision.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Most victims of Mr. Askew\u2019s crimes knew little about his situation. Reached by phone, the founder of S&#038;E Auto, Stephen Wiley, said he didn\u2019t remember the broken window. He said he could replace a window for less than $500 \u2014 even today. \u201cThey need to let him go,\u201d Mr. Wiley, 82, said.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Deitra Robinson was one of the Morrison\u2019s victims who testified for mercy in 1998.<strong class=\"css-8qgvsz ebyp5n10\"> <\/strong>On the phone, she said she was surprised to hear Mr. Askew was still serving life without parole. \u201cThat\u2019s terrible,\u201d she said. Ms. Robinson added that she didn\u2019t think any of the victims had wanted Mr. Askew to die in prison.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-15\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Two days before Thanksgiving, Judge Kaufold announced his decision. He granted the state\u2019s motion to throw out Mr. Askew\u2019s petition.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The judge ruled that Mr. Askew never had a right to the hearing at which Mr. Burke testified. Because Mr. Askew had been aware of Mr. Burke\u2019s regrets before his last petition was turned down in 2011, the judge wrote, he should have been able to get him to testify back then. Judge Kaufold wasn\u2019t swayed by the evidence that Mr. Askew\u2019s lawyer had never contacted Mr. Burke.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">So the testimony Mr. Burke gave at the hearing in 2023 didn\u2019t matter. He had failed to help Mr. Askew, again.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The ruling was crushing for Mr. Askew. He called his mother, broken to have to tell her. He could hardly talk through the tears. \u201cMama, the judge denied me,\u201d he said. \u201cIt\u2019s not fair.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">He hated that he still couldn\u2019t be with his family, including the daughter he had doted over at Morrison\u2019s. He had envisioned her life much differently. He tried to speak hope into existence through her name: Justyce. Today, Justyce\u2019s kids want to know if their grandfather will ever be free.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-16\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke, 66, was disappointed, but not deterred. Though his cancer was in remission, his condition hadn\u2019t changed and he was worried once again that he would die before he could successfully help. But he had an idea: \u201cI think Jessie needs a constitutional appeals lawyer.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Burke wanted Mr. Askew to sue him, in his capacity as the former district attorney, for violating his rights. Such suits are notoriously difficult to win, but then, prisoners almost never go to court with the prosecutors on their side. Mr. Burke said he is willing to do whatever he can to help, with whatever time he has left.<\/p>\n<p class=\"css-798hid etfikam0\">Alain Delaqu\u00e9ri\u00e8re<!-- --> contributed research.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.nytimes.com\/2025\/01\/17\/us\/georgia-prosecutor-sentence-regret.html\">Source link <\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>Kelly Burke took a few labored steps to the witness stand and looked toward a large video screen in a rural Georgia courtroom. There, he saw the face of a&hellip;<\/p>","protected":false},"author":1,"featured_media":92703,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[1],"tags":[32509,32510,32511,32507,6279,32512,32513,32508],"class_list":["post-92702","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-amnesties","tag-commutations-and-pardons","tag-content-type-personal-profile","tag-decisions-and-verdicts","tag-georgia","tag-jessie-askew","tag-kelly-burke","tag-law-and-legislation"],"_links":{"self":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/92702","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/comments?post=92702"}],"version-history":[{"count":1,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/92702\/revisions"}],"predecessor-version":[{"id":92704,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/92702\/revisions\/92704"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/media\/92703"}],"wp:attachment":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/media?parent=92702"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/categories?post=92702"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/tags?post=92702"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}