According to Wallace, he had not seen the waiver Mansfield and Mize are talking about before July 20 and the meeting did not go as either testified.
According to Deputy Mize, the meeting WAS TAPE RECORDED. If this tape had been produced during the trial Wallace could have disproved he had made this statement, or even signed this wavier.
Mize stated in an Affidavit given 4 years later, on December 29, 1995 [Petition's Exhibit #37], "HE TOLD ME WE COULD NOT USE IT. THE DISTRICT ATTORNEY [Joe Briley] TOLD ME I COULD REUSE THE TAPE OR THROW IT AWAY".
All the printing you see matches other reports filled out by Mansfield with a slightly different forged signature, also the Arrest Report. (COMPARE) [Exhibit #15]. Not only is the signature not Wallace's the information given is wrong.
Wallace also says Mize did not sign anything while he was in the room. Mansfield did tell him if he would sign the waiver on the van it would be put it in his record and he needed to cooperate with them on this matter.
WHY WASN'T MANSFIELD AND/OR MIZE ASKED ABOUT PRODUCING THAT TAPE DURING THE TRIAL, or even asked about its existance by Wallace's attorneys for his defense?

Witness having been first duly sworn
Testified on

Page 457


Q. And your name, please?

Page 458

A. My name is Marc Mansfield.

Q. And where are you employed, sir?

A. I'm employed with the Georgia Bureau of Investigation.

Q. And how long have you been employed, sir?

A. I've een employed with the Georgia Bureau of Investigation since December of '87.

Q. All right, sir. Did you have an occasion on the 5th day of May, 1991, to talk to the Defendant in this case, Marvin Fugate, III?

A. Yes, sir, I did.

Q. Wallace Fugate, III. Where was that?

A. It was at the Putnam County Sheriff's Department.

Q. All right, sir. And who was present, if anyone, when you talked to him?

A. Investigator Ricky Mize at the Putnam County Sheriff's Department.

Q. All right, sir. And prior to talking to him, did you discuss with him his rights under the Miranda decision?

A. Yes, sir, I did.
Wallace stated Mansfield did not discuss his rights when he and Mize talked to him.

Q. Did you relate to him what his rights were under that dicision?

A. Yes, sir.

Q. I hand to you State's Exhibit Number 15. I ask you if you can identify that, please, sir?

Page 459

A. Yes, sir. THAT'S THE WAIVER CERTIFICATE THAT MR. FUGATE AND MYSELF WENT OVER AND HE FILLED OUT AND SIGNED THIS CERTIFICATE. And also it was signed by Ricky Mize of the Putnam County Sheriff's Department.
Wallace did not fill out and sign this waiver.

Q. All right, sir. And did you -- did you ascertain if he under that?

A. Yes, sir, I did.

Q. And then he signed it?

A. Yes, sir, he signed it.

Q. And then Investigator Mize witnessed it?

A. Yes, sir.

Q. Okay. Did you make Mr. Fugate any promise to induce him to make a statement to you?

A. No, sir. I did not.

Q. Did you - did anyone, to your knowledge, make such a promise of any leniency or any benefit to get him to make this statement?

A. No, sir.

Q. Did you threaten Mr. Fugate in any manner to obtain a statement from him?

A. No, sir. I did not.

Q. Did anyone, to your knowledge, make any threat against him to induce him to make a statement?

A. No, sir.

Q. As best you could tell, did he make the statement of

Page 460

his own free will?

A. Yes, sir, he did.

Q. And voluntarily?

A. Yes, sir.

MR. BRILEY: Questions on the --


THE COURT: Thank you. You can proceed, Mr. Briley.

MR. BRILEY: I would tender into evidence State's Exhibit Number 15.

THE COURT: State's 15 is offered in evidence.

MR. BELLURY: I have no objection to that.

THE COURT: State's 15 is in evidence without objection.


Q. Where -- give us -- what were the physical surroundings of the place you took this statement?

A. The statement was taken in Investigator Ricky Mize's office which would consist of two desks, several chairs there in his office at the Sheriff's Department.

Q. All right, sir. And did -- what statement, if any, did he make to you about you had gone through the Miranda

Page 461

right with him?

A. He provided me with a statement basically -- would you like me to go into the statement?

Q. Yes, sir, please.

A. He BASICALLY said that it was an accident, that they had been fighting. That he was on Pattie Fugate's property, and admitted to us that he was not supposed to be on the property. And he told us that he entered the house through a basement window, and he took his knife out and poked a hole in the window pane to get in. He said he had just gone in the house to use the phone. He did not go in there to steal anything or didn't bother anybody. He told us that he went on the property to fix his son's car, that the son had told him that he couldn't get it fixed, so he was going to fix it for him. He said he had to take the starter off becasue the -- it wasn't the battery that was messed up, it was the starter that needed fixing. He said he then went back into the house, stated that he was fixing to leave the house to go to the Sheriff's Department, that's when he noticed Pattie and their son driving up. He said he was inside the house and could not get back out of the house. So when they arrived, Pattie and himself started fighting. He said he had a gun on him. He said the gun was stuck in his pocket, but when they got through fighting, the gun fell out. He said the gun was in his hand and the gun discharged in the house. He said that

Page 462

Pattie did not get hit. He says, "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." He even made the statement to us that, "I don't -- I do not even hunt, and I damn sure was not going to kill anybody." He also said his son was in the house and he also had a gun. He said he had his gun in his right hand when he saw his son. He said when he saw his son -- his boy ahd his gun in his hand, so Mr. Fugate ran. He said his boy was pointing the gun right at him. "I don't remember waht my boy said to me when he was pointing the gun. My boy did not shoot at me." He said, "After I was upstairs and told Pat," referring to Pattie Fugate, "to take me down to the Sheriff's Department, we started fighting. The gun was in my hand." And then he made the statement to us, "You know, she is dead, and I think I need an attorney." And at that time, the interview was terminated.
(Tape would have proven Wallace did not make this statement but something Mansfield and Mize made up themselves.)

Q. All right, sir. Did you then have an occasion to go out to the residence after this statement was made to you?

A. No, sir, I did not.

MR. BRILEY: He's with you.

THE COURT: Cross-examine.




Page 463

Q. Agent Mansfield, the statement you have just relayed here is not word-for-word what was given to you, is it?

A. The majority of it's word-for-word. Most of it was just what -- how he relayed it to us.

Q. I understand. But I mean, that was just not an absolute verbatim -- IF you had a tape-recording of it, it would not be necessarily be word-for-word of what you just got through saying, nor word-for-word, necessarily with what you just read from?
Why didn't Bellury ask about the tape instead of just say "if you had a tape-recording" made that day since he did indeed know about its existance?)
A. Not exactly word-for-word, no sir.

Q. That's basically what he said?

A. Yes, sir, the majority of it is.

Q. But there are some words in there that might very well be your -- your words instead of his words?

A. Yes, sir.
If Mize hadn't destroyed the tape for Briley all this could have easily been proven to be only Mansfield's and Mize's made-up stories.

MR. BELLURY: Okay. That's all.

THE COURT: Redirect?




Q. Have you added any words in there that would change the meaning of what he said?

A. No, sir, I did not.
Yes he most certainly did change and add words to what Wallace said. Get a copy of the tape and listen to it!

MR. BRILEY: Thank you, sir. That's all.

Page 464

THE COURT: Recross?

MR. BELLURY: No further questions.

THE COURT: Do you want him to remain sequestered, Mr. Briley?

MR. BRILEY: No, sir, that won't be necessary, Your Honor.

THE COURT: Mr. Bellury, may he be excused? Mr. Bellury, may he be excused as a witness?

MR. BELLURY: We have no objection to that, Your Honor.

THE COURT: Agent Mansfield. You're excused with the thanks fo the Court. You can stay or go as you desire. Thank you very much.

MR. MANSFIELD: Yes, sir.


Witness having been previously sworn
Testified on

Page 651


Q. State your name, please.

A. Marc Mansfield.

Q. You have been previously sworn?

A. Yes, sir.

Q. Mr. Mansfield, did you have an occasion to - I believe I asked you previously, did you have an occasion to interview the defendant, Wallace Fugate on May the 5th in Putnam County?

A. Yes, sir, I did.

Q. Did you say you did?

A. Yes, sir.

Q. I call your attention - do you have a copy of the statement he made to you?


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