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LC 14 9197S

House Resolution 108 (COMMITTEE SUBSTITUTE)
By: Representatives Benfield of the 85th, Watson of the 91st, Talton of the 145th, Crawford
of the 127th, Henson of the 87th, and others

A RESOLUTION

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Compensating Mr. Clarence Harrison; and for other purposes.

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WHEREAS, in the early morning hours of October 25, 1986, a woman was attacked as she

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walked to a bus stop in downtown Decatur, Georgia. The woman was grabbed from behind,

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struck on the head, and dragged to an unknown location where she was sexually assaulted.

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The woman was subsequently dragged to two other unknown locations and again sexually

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assaulted and her wrist watch was stolen; and

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WHEREAS, physical evidence was collected from the victim, including the clothing that she

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was wearing and other evidence that was capable of showing DNA; and

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WHEREAS, in June of 1987, Mr. Harrison was tried for rape, kidnapping, and robbery in

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DeKalb County, Georgia. Mr. Harrison maintained his innocence from his arrest on

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November 5, 1986, and throughout his trial, but the victim identified Mr. Harrison from a

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photographic line-up and a witness who lived in the neighborhood where the attack occurred

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identified Mr. Harrison as a man who had come to her door on the evening of the attack and

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circumstances suggested to her that he was the assailant; and

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WHEREAS, Mr. Harrison was convicted and on June 26, 1987, he was sentenced to life in

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prison for rape and 20 years each for kidnapping and robbery to run consecutive to the life

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sentence; and

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WHEREAS, in September 1998, Mr. Harrison sought DNA testing but the laboratory

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conducting the analysis was unable to produce results due to previous testing of the evidence;

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and

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WHEREAS, despite being told that all of the evidence in his case had been destroyed, Mr.

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Harrison continued to try to prove his innocence. In 2004, with the consent of the DeKalb

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County District Attorney and Mr. Harrison's attorney, further DNA testing, which was not
H. R. 108 (SUB)
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LC 14 9197S

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available in 1987, was performed, and the test concluded with 100 percent certainty that Mr.

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Harrison's DNA did not match the DNA from the semen obtained from the victim's rape kit

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and therefore he was not the perpetrator of the crimes for which he had been tried and

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convicted; and

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WHEREAS, based on this new evidence, the 1986 indictment against Mr. Harrison was nol

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prossed on August 31, 2004; and

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WHEREAS, Mr. Harrison was immediately released from custody after serving 17 years,

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nine months, and 26 days in prison; and

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WHEREAS, during his imprisonment, Mr. Harrison was divorced by his wife and virtually

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prevented from seeing his two children throughout his incarceration; he missed the birth of

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his first grandchild; his mother and one sister died; and he suffered from medical conditions

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including a worsened back problem that causes him now to have to walk with a cane,

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migraine headaches for three years for which he received no treatment, and due to a delayed

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diagnosis of kidney cancer, he had to have a kidney removed; and

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WHEREAS, Mr. Harrison has suffered loss of liberty, personal injury, lost wages, injury to

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reputation, emotional distress, and other damages as a result of his nearly 18 years of

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incarceration and expenses in trying to prove his innocence; and

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WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages

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occurred through no fault or negligence on the part of Mr. Harrison, and it is only fitting and

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proper that he be compensated for his loss.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF

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GEORGIA that the Department of Corrections is authorized and directed to pay the sum of

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$1 million to Mr. Clarence Harrison as compensation as provided above. Said sum shall be

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paid from funds appropriated to or available to the Department of Corrections and shall be

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in full and complete satisfaction of all claims against the state arising out of said occurrence.

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