Injustice and a second chance for a man named Jessie James Askew Jr.

In March of 1998, a young man walked into a Houston County courtroom. You’re thinking: Here we go again! Here’s another convict claiming he’s innocent. 

It’s the complete opposite. Jessie Askew Jr. was guilty as charged. OK, case closed; he pleaded guilty. Right? Wrong! He was denied an opportunity when his attorney, Rodney E. Davis, failed to inform him of a plea offer and escorted him to trial where he was convicted of armed robbery. There’s more. Rodney Davis also failed to inform Askew that if he lost, he would receive life without parole.

In October of 2019, former District Attorney Mr. Kelly R. Burke wrote an affidavit on behalf of Askew stating he “offered a plea of 15 years” to Rodney Davis. Mr. Burke went on to say, he believed that Mr. Askew’s sentence was the most disproportionate sentence his office had ever imposed and it’s the only sentence he regrets. Had he been more seasoned, he would have been able to “resolve the matter more fairly.”

Yet, Rodney Davis is on record saying, “There was no plea.” In a letter to his former client years later, he wrote, “As far as warning you about a life without parole sentence if you were convicted, I cannot say for certain if I warned you about that.

Askew is still incarcerated despite an affidavit from the man who prosecuted him and desires to see him released and despite having proof that he was never informed of a plea and he would lose his life if he lost trial and despite the state of Georgia passing House Bill 349 (HB-349) that allows judges to use discretion to deviate from sentencing guidelines that didn’t exist at the time of Askew’s conviction. 

A Dekalb County man by the name of Christopher Williams was released after 21 years as a result of this legislation. In fact, Williams and Askew have identical cases. The only difference being, Williams had a prior armed robbery conviction whereas Askew didn’t. 

So the question is, why is Askew still incarcerated? The problem is, District Attorney George Hartwig is refusing to look into Askew’s case. Shouldn’t he be interested in upholding the U.S. and Georgia Constitution? Especially when Askew wasn’t informed of a plea offer or the fact that he would be sentenced to life without parole for losing trial. Isn’t that a violation of his 4th Amendment right to effective assistance?

If Askew’s sentence was harsh, would that not be a violation of his 6th Amendment right of not being subjected to cruel and unusual punishment? How is it that George Hartwig would agree to give 20 to serve to Jordan Mahogany, who was convicted for four counts of armed robbery but refuses to entertain resentencing Askew? Also, Judge George F. Nunn Jr., who sentenced Askew to life without parole over 23 years earlier, also sentenced Mahogany. People of Houston County it’s time for Jessie Askew Jr. to come home.

HHJ News