05/05/1991 - Exhibit Number 15
WAIVER CERTIFICATE
(page 459 and 856)


Wallace Fugate states he did not fill out nor sign the Waiver Certificate shown below. Nor did he go over it with Mansfield. All the printing you see, supposedly filled in by Wallace, matches other reports filled out by Mansfield.

Neither Wallace, nor his attorneys, were aware of this Waiver's existance (shown below) until it was presented during the trial. Nor were they aware there was a tape of the interview which could have proven Wallace never signed this Waiver Certificate.
(see Deputy Mize's Affidavit and Report where he was told he could destroy the tape.)

The handwriting shown on this envelope, addressed to one of Wallace's sisters, is Mr. Fugate's handwiting and how he has always written the letter "F" in his last name and his letter "L" has an opening in the loop. The signature shown on the Waiver Certificate is forged. This fact could have easily been proven if his attorneys had wanted to do so.



Wallace's age is wrong. He was 41 years old at the time, not 40.

He always called his ex-wife by the name of Pat, never Pattie, as he had a sister already named Patty.

The address is wrong as Wallace was living with his girlfriend, Connie Roach. He had not changed his address to the new location with the post office nor moved all his posessions out of the trailer at this address.


Sunday, May 5, 1991
[06-0421-01-91]


On Sunday, May 5, 1991, at approximately 9:27 am, SA MARC MANSFIELD and INVESTIGATOR RICKY MIZE of the Putnam County Sheriff's Department interviewed MR. FUGATE III at the Putnam County Sheriff's Department in reference to the present investigation. Prior to the interview SA MANSFIELD advised FUGATE of his Miranda Warning from a GBI Waiver Certificate. FUGATE stated that he understood is rights and signed the attached certificate. FUGATE essentially stated the following.

A part of this interview was supposedly taped (Mize states below) but never brought into evidence. Deputy Mize told Wallace about the tapes existance. There is no tape now and this interview never took place. The tape would have proven Wallace was telling the truth about what happened that day and the reason Briley told Mize to get rid of it. (See Mize's Affidavit)

It was an accident. We had been fighting. I was on PATTIE's property and I was not suppose to be there. I entered the house through he basement window. I took my knife and poked a hole in the window pane. I had just gone in the house to use the phone. I did not go there to steal anything or bother anything. I went on PATTIE'S property to fix my son's car. He told me he could not get it fixed. I had to take the starter off because it was not the battery that needed fixing, it was a starter that needed replacing. I then went back in the house. I was fixing to leave the house to come down to the Sheriff's Department when PATTIE and my son drove up to the house. I was inside the house and I could not get back out of the house. PATTIE and I started fighting. I had the gun on me. It was stuck in my pocket. When we got through fighting the fun fell out. I had the gun in my hand and the gun discharged in the house. PATTIE did not get hit. I had the gun in my left hand at this time and PATTIE grabbed for the gun. I had the gun out and pointed away from us. I was not pointing the gun at her. I do not even hunt and I damn sure was not going to kill anybody.

My son was in the house and he had a gun. I had the gun in my hand then when I saw my son. The first time I saw my boy he had his gun in his hand so I ran. My boy was pointing the gun right at me. I don't remember what my boy said to me when he was pointing the gun. My boy did not shoot at me. After I went upstairs and told PAT to take me down to the Sheriff's Department we started fighting. The gun was in my hand. You know she is dead and I think I need an attorney.

SA MANSFIELD noted at 9:35 am, the interview was terminated. SA MANSFIELD noted a GBI arrest record was completed on FUGATE. (See attached.) SA MANSFIELD noted a waiver of Constitutional Rights to a search warrant form was signed by MR. WALLACE FUGATE III regarding the van recovered. (See attached.) No other pertinent information was obtained at this time.

Also it should be noted that INVESTIGATOR RICKY MIZE recorded part of this interview utilizing a mini-cassette recorder. The cassette remained in INVESTIGATOR MIZE'S possession.
(see Deputy Mize's Affidavit and Report where he was told he could destroy the tape.)

ID date
Wallace Fugate III
W/M, DOB: 11-26-49
668 Madison Road
Eatonton, Georgia
No telephone
Self employed
SSN: 295-44-0875

Ricky Mize
W/M
Investigator
Putnam County Sheriff's Department
Eatonton, Georgia
Telephone: 404-485-8557
Special Agent M. O. Mansfield: 05-06-91
bga: 05-08-91

(see Van Waiver)
(see Arrest Record)
All have Wallace Fugate's signature forged. All signatures are by different people and all have wrong information on them.



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