Vote Barack Obama and Mrs.Michelle Obama for the President and First Lady of the united States of America! Who along with our Adminstration are not  Anti Christ Fugitives From Justice!

Vote Barack Obama!!!!! Macon Ga.Entire Bibb County Government Directory(Except Me and Barack Obama and our Adminstration) along with my family/extended family and Olgethrope Community  Victims and Witneseses with their Right's and Immunity(due to personal witnesses protection cause of Retaliationby law enforcement-prosecuting attorney -governmnetal agency-mayor-judges-and more everybody name's not listed victims can't committ crimes against themselves) are not participating in Bribery-Breach of peace-Treason (for messing with me and Barack obama along with First Lady Mrs.Michelle Obama)-Committing Genocide Against the late Mr. and Mrs. Mattie Lee Gibson Harris and her family and her late father Alex Harris Sr. both lived in Olgethrope Community .a.k.a.my Family/Extended family and Olgethrope Community-and more!

Macon Georgia Mayor-Mayor Municipal Corporation-Judges-Governor-Cheif of Police-Governmental Agency-Prosecuting Attorney-Sheriff- and more(Except Me and Barck Obama and our Adminstration-My family/Extended family and Olgethrope Community) tried using the local Media Contacts and Lists and Audience and customers to murder me due to their illegal Wiretap Act Electronic Communication's
The Wiretap Act makes it illegal for police to intercept wire,electronic, or oral communications with a device unless a judge issues a wiretap order, there is an emergency ,or a party to the intercepted communications consents.The decision to apply an interception order must be approved by a designated high ranking prosecutorial official . Orders are available only for the investigation of serious crims such as espoonage,sabotage,treason, kidnapping, extortion,murder,robbery,counterfeiting,and dealing drugs.There are restrictions on the use and disclosure of information obtained under zn interception order.The information may only be used for law enforcement purposes and may be disclosed only to another law enforcement officer when appropriate to the other's duties or when giving testimony in court.A wiretap order is not required to conduc communications surveillance when.(1) the conversation is overheard naturally(i.e. ,without the aid of a device,) I've been cussing out the Macon Georgia Law enforcement-prosecuting attorney-governmental agency-judges-their family and friends- their informant's -their partners and stakeholders-their snitches from late 2007 til 2012 its not my fault the law enforcement-prosecuting attorney-governmnetal agency-judges didn't tell them they would become a party to the crimes-conspirators-fugitives from justice-false witnesses-Aiding and Abetting-Concealing person from Arrest- and more.They should have told them that city-state-National -and global been getting ,but they didn't know I 've been working with Barack Obama and his adminstartion the entire time they've been aiding and abeting their Ex mayor's Jim Marshall and Jack Ellis and Current Robert Reichert and their governor's and more beyond a reasonable doubt!I've also been working with Media Networks such as BET,ESPN,ESPN 2,CNN, VH1,MTV,WSBTV, and more!I've also been working Hip, Hop, Hoollywoood, and more as well!It's about how in the world Macon georgia keeps Kidnapping ME AND MINES AND MRE AND USING THE CRIMES COMMITTEED BY MACON GEORGIA JUDGES-PROSECUTING ATTORNEY -GOVERNMNETAL AGENCY-AND LAW ENFORCEMENT AS EVIDENCE IN CASES WHERE THEY'RE FALSELY ACCUSSING INNOCENT PEOPLE OF CRIMES SUCH AS aNTWAIN FAIR AND ANTWON JOLLY, ATLANTA GA CHILD DEATH'S, NEWLY DISCOVERED EVIDENCE TO HAVE OLGETHROPE COMMUNITY MURDERED VICTIMS CASES RE-OPEN, GETTING-ME -MY FAMILY-EXTENDED FAMILY-OLGETHROPE COMMUNITY IN WITNESSES PROTECTION, AND MORE!Macon Georgia black community thought i was stupid forgetting black's are party to crimes-conspirators-fugitives from justice-aiding andabetting-concealing person from arrest-violation of oath of office and immunity- and more along with other races which is factual.The other sck part about it how they've been kidnapping Virginia Harris a mental ill. individaul for years while at the same time concealing her late father a united states veteran first degree murder Alex Harris Jr. in 1965 Bibb County Superior Court Judges-Prosecuting attorney-law enforcement and more-Transco Plant Railroad merged into Flordia Railroad,Norfolk Southern railroad, and georgia Southern Railraod ,and more with Newly Discovered Evidence from my 2000 illegal arrest/kidnapping-sentnce and conviction and more and the same applies for the first degree murder's of uncle and cousin smith's .They're facing numerous of charges especially for two kidnapping made in 2011 adding in the other crimes committed by the dummies who feel and thick they're above the LORD thy God ,Jesus is LORD, and the Law!They're not!

Macon Georgia Media Contacts and lists  (Except me and Barack Obama and our Adminstration,BET,MTV,VH1,CNN,WSBTV,ESPN,ESPN2,CMT,and more) FEMA's Core media list consists of the following:
1.Newspaper
2.City and regional magazines
3.local trade and business publication's
4.state bureaus of national wire services
5.local radio and television stations
6.local cable stations
7.public broadcasting station's
8.public information officers at military
 The specific contacts that an emergency management Agency    (macon Georgia Emergency Management is mandated by Macon Georgia Fire Department party both the 1988-1989 Sexaul Abuse of a Minor a ward of the court under age 12 and the 1999 Kidnapping  and more)typically deals with are metro esk and city reporters, public affairs reporters, business reporters, news assignment editors, and public service announcement directors.
 Audience and Customers (Except Me and Barack Obama and our Adminstration,My Family/Extended Family ,and Olgethrope Community)
To effectively communicate disaster information ,emergency managers,must clearly identify their various audiencesare both partners and stakeholders . basic emergency management audiences include the following:
1.General Public
2.Disaster Victims
3.Business Community
4.Media
5.Elected officials
6.Community officials
7.First responders
8.Volunteer groups

Note:I'm one of the victims from my family/extended family and Olgethrope Community.I have not put everyhting up on the internet along with everything posted on the Internet /Wiretap Order Electronic Communications can will be only used against the Macon Georgia Entire Bibb County Government Directory(Except Me and Barack Obama and our Adminstration),Macon Ga/Middle Ga. Media Contacts and Lists and Audience and Customer's (Except me and Barack Obama and our adminstration, My Family /Extended Family , Olgethrope Community, BET,VH1,MTV,ESPN,ESPN 2,WSBTV,CMT, and more),and more in the court of law and as far their mental treatment goes !(smiling and laughing!!!)

1.The thing with the taser they have to reset the taser for a person weight and size so they don't kill them !In numerous of case they don't especially with the inmates death's in Forsthy Ga/Monoroe CountyGeorgia.

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Home » news links » johndamos's news links

Cops taser leaves young woman brain dead.
Constitution, Civil Rights, Civil Liberties
submitted by johndamos on February 21, 2012 - 11:32pm

click to view article  from www.wcti12.com
"FLORIDA -- A young woman was left with severe brain damage and in a vegetative state after being tasered by a police officer."

This site includes video.

And the girl was already handcuffed when she tried to run, so this fat asshole was too lazy to run after her and grab her.

I warn you if your have any sense of empathy for fellow human beings, you will become furious watching this fat-assed sonofabitch, asshole, pig cop destroy this young woman's life.

And the cop was not charged with wrongdoing. Sure looks like fucking Jeb Bush Florida to me.

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Search OptionsShow search tools Forsyth County Sheriff's Office Official Website
Official website of the Forsyth County Georgia Sheriff's Office. ... The Forsyth
County Sheriff's Office is charged with the responsibility of serving and protecting ...

www.forsythsheriff.org/ - Cached - SimilarArticle: Group Wants Review of Ga. Taser Death [Archive] - Prison Talk
Aug 3, 2005 ... Taser Death Georgia News & Events. ... charges against deputies involved in the
death of an inmate who had been stunned with a Taser gun.

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Documents from the Jail indicate that inmates were not taken to Grady Hospital ...
death, two Georgia police agencies (Macon Police Department and Forsyth
County ... at least three inmates with tasers during the month of January alone.

www.clearinghouse.net/chDocs/public/JC-GA-0023-0023.pdf - Cached - SimilarDeKalb investigates 2 deaths where cops used Tasers | ajc.com
May 17, 2010 ... Find cheap gas · Georgia executive pay · More features » ... DeKalb County
Police added Tasers to their arsenal late last year as a ... the death of a Gwinnett
County inmate who died following the use of a ... Three of the 400 deaths
occurred in the Gwinnett County jail after deputies used Tasers on inmates.

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Apr 30, 2005 ... Hyscience linked with Taser Used In Inmate Death ... MauriceReeves.com linked
with Georgia Police Offices Kill Epileptic By Tasering Him ...... Police and Forsyth
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wizbangblog.com/archives/005823.php - Cached - SimilarDeaths Spur TASER Debate; Police Embrace Stun Guns, but a ...
Jun 30, 2004 ... The maximum-security inmate fought through six shots of pepper spray and
sprinted ... But because of the Georgia deaths, Macon police and the Forsyth
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Georgia Bureau of Investigation agents who investigated the death, authorities
said. ... punishable by up to five years in prison each time a sheriff uses inmate
labor. ..... Clark said he was city manager in Forsyth and in Grantville, in Coweta
... It is the first of two Taser-related lawsuits expected to be filed by the families of ...

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who ..... Taser International and Prison Health Services in the death of a jail
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Nov 4, 2010 ... inmate tasered neckbrace oh man one call thats all ..... Go research the Georgia
law for yourself, I learned this in Forsyth while at ..... time a Georgia inmate has
killed a prison employee in more than a decade, officials said.

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2. The Child Death's when reported to the proper authorities the law enforcement, The department of Family and Children Services ,Governmental Agency, and more said they couldn't help even though false reports were made and credible witness still avaible cause in Macon georgia The Department of family and Children services-law enforcement-prosecuting attorney-governmnetal agency-judges- and more are Conspirators to the First Degree Murder of a United States veteran Alex Harris Jr. and Crimes committed Against The United States veteran father who is also a United States veteran Alex Harris Sr a Elderly Person and his two United States veteran Brother's and more, and more.

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The Compassionate Friends of Atlanta - Grief Support After Child's ...
following the death of a child of any age and to provide information to help others
be supportive. ... Mount Vernon GA 912- 583-4678. Savannah GA 912-925-9549
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[The Atlanta Journal-Constitution: 12.05.99]. GEORGIA'S FORGOTTEN
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Feb 20, 2012 ... Child advocates say they're alarmed by an apparent spike in child deaths among
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Jun 21, 2011... van, resulting in the child's death, were free on bond Tuesday evening. ... co.
clayton.ga.us Police said Marlo Maria Fallings, 41, was arrested ...

www.ajc.com/news/clayton/2-accused-in-daycare-982501.html - Cached - SimilarGeorgia - State Spotlight - The National Center for Child Death Review
Atlanta, GA 30334 ... Georgia Child Fatality Review Report for 2003 Deaths · The
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Feb 18, 2012 ... ATLANTA (AP) — Georgia's child welfare agency has confirmed that child deaths
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3.The Macon georgia law enforcement, prosecuting attorney-governmental agency-NAACP and Black Organizations/Al Tillman-Thelma Dillard and her daughter with their supporters-Judges-and more decided to use the information from the websites Internet illegal wiretap Act Electronic Communication to Stalk-Harassment and Communication,Terrorism,Failure to Investigate, Street gang and oragnization Terrorism, false reports, forgery, Kidnapping, Conspiracies-Attempts and Solicitation's, Slander, and more.
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ago'Felt so bad for what happened': Ex-Rutgers student testifies in webcam trialLIVE VIDEO — Testimony resumes in the trial of a former Rutgers student accused of using a webcam to spy on his roommate's intimate encounter with another man.

By msnbc.com staff and news services
Updated at 1:58 p.m. ET: NEW BRUNSWICK, N.J. -- A former Rutgers University student told jurors Tuesday she was “sad, overwhelmed” when police told her that Tyler Clementi had gone missing and might have committed suicide after she had watched his intimate encounter with another man via webcam.

"I was sad, overwhelmed. I felt very bad if anything had happened," Molly Wei said. "I just was overwhelmed with emotions of sadness. I just felt so bad for what happened."

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Wei told jurors that while she viewed live images of Clementi's encounter, she neither recorded nor broadcast that video.

Wei was on the stand for the second day in the bias intimidation and invasion of privacy trial of former student Dharun Ravi.

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DISCUSS: BET'S HIP HOP V.S AMERICA | CONCRETELOOP.COM
Sep 27, 2007 ... BET aired their “Hip Hop V.S America” series this week on Tuesday. The panel
consisting of Hip Hop artists, Professors, Public Speakers, and ...

concreteloop.com/2007/09/discuss-bets-hip-hop-vs-america - Cached - SimilarBET
BET.com is your home for all the latest celebrity, music, fashion, entertainment
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late Heavy D's last nationally televised performance. J. Cole - Can't Get Enough ...

www.bet.com/ - Cached - SimilarBET: Hip Hop vs. America video. The influence of Big Business ...
Sep 12, 2009 ... Great series. Speak the truth…and no one will buy your music. That's the logic.
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Most programming of the network comprises mainstream hip hop music and R&B
... and town hall-style discussion show Hip Hop vs. America. BET also Network ...

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Jan 8, 2008 ... Ashley Pledger, a black female from Cleveland, Ohio believe that Don Imus
incident called for BET to implement the series Hip Hop vs. America ...

thesop.org/story/music/2008/01/08/hip-hop-vs-america.php - Cached - SimilarBlack College Wire - BET Deserves Credit for "Hip Hop vs. America"
Oct 24, 2007 ... By Leethaniel Brumfield - Black College Wire. With the release of its "Hip Hop vs.
America" series, which began airing in late Sept. 2007, Black ...

www.blackcollegewire.org/index.php?option=com_ywp... - Cached - SimilarBET Prepares for Hip Hop vs America pt2 in Davey D's Daiy Hip Hop ...
Jun 25, 2008 ... *BET News presents the second installment of its town hall series, Hip Hop Vs.
America II: Where Did the Love Go?," a discussion focusing on ...

hiphopnews.yuku.com/topic/669 - Cached - SimilarSearches related to: Hip Hop vs.America BET
hip hop vs america
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On October 13, 2007, federal authorities arrested T.I. four hours before the BET
Hip-Hop Awards in Atlanta. He was charged with two felonies — possession of ...

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Dec 24, 2009 ... People.com reports that T.I was arrested in 2007 for attempting to buy
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uk.ask.com/beauty/T-I-Gun-Charges - Cached - SimilarCeleb wohoo » T.I News Update
Oct 16, 2007 ... t.i. in jail, ti gun charges, ti jail, ti guns, t i in jail. Cb lover Says: October 17th, 2007
at 12:30 am. damn ti do u even need all these guns man?

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4.Troy Davis was killed after the witnesses changed their stories due to the attorney agruing the officer was denied a speedy and fair trial.Which costed a innocent man his life.The same thing a different situation occurred with Stanley "Tookie " Williams the Appearance Evidence and Bodily Evidence neither was a match!Antwain Fair and Antwon Jolly in Macon georgia since 2007 Macon georgia law enforcement,prosecuting attorney, governmnetal agency, judges ,and more been denying the young men a fair trial.Especially since the Appearance Evidnce and Bodily Evidence both proves the bullet didn't come from the neither of the young men.The Sheriff Department,Judges, and Prosecuting attorney, and Informant's all made false statment's, false warrant's,kidnapping,violated a minor Civil Rights and Constitutional Right's, Violated my Child Victims and Child Witnesses Rights and iMmunity, Conspirator's to Olgethrope Community Capital offenses Punishable By death cases, Violated their Oath of office and Immnity, and more not to mention they were informed in 1996 of the crime committed by Macon Police and The Department of Family and Children Services with its unknown black female social worker.The 2011 Holt Ave.Kidnapping of Virginia Harris the mantally ill.daughter of the United States Veteran Alex Jr. who was murdered in 1965 kidnapping committed by Macon georgia sheriff department and reported too!They've been getting information for years from their illegal wiretap act the 2005 Hurricane katrina -2007 Jena 6 -T.I. Guns -Hip Hop vs. Anerica Part 1 BET-Micheal Vick Dog Fighting 2007-R.Kelly Sex Scandal- and more  til got the dummies to give open confession's with their mouth's and their action's !(smiling and laughing!!!!) 
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Troy Davis Executed After Stay Denied by Supreme Court

Supporters Rally to Save Troy DavisAuto Start: On | Off
ShareEmail718 CommentsPrintSingle PageText Size- / +By COLLEEN CURRY and MICHAEL S. JAMES (@bymsj)
Sept. 21, 2011
Troy Davis was executed this evening for the murder of an off-duty policeman after the U.S. Supreme Court denied a last-minute stay of execution amid widespread public doubts about his guilt.

Davis, 42, died at 11:08 p.m. ET, according to a Georgia Department of Corrections official. His death by lethal injection came after an approximately four-hour delay for legal review.

Eyewitnesses described the mood in the execution chamber as "somber" as Davis was wheeled in strapped to a gurney. He declared his innocence a final time in the 1989 murder as witnesses and relatives of the victim -- off-duty Savannah, Ga., policeman Mark MacPhail -- looked on.

"I'd like to address the MacPhail family," Davis said, according to The Associated Press. "Let you know, despite the situation you are in, I'm not the one who personally killed your son, your father, your brother. I am innocent.

"The incident that happened that night is not my fault," he added. "I did not have a gun. All I can ask ... is that you look deeper into this case so that you really can finally see the truth.

"I ask my family and friends to continue to fight this fight," he said. "For those about to take my life, God have mercy on your souls. And may God bless your souls."

Witnesses said Davis' eyes fluttered as he received his first injection and lost consciousness, and that the entire process of lethal injection lasted about 15 minutes.

"Justice has been served for Officer Mark MacPhail and his family," state Attorney General Sam Olens said in a statement.

Joan MacPhail-Harris, the widow of Mark MacPhail, told The Associated Press that "it's a time for healing" now that Davis' execution has occurred, that she saw "nothing to rejoice" over in Davis' death and that she was praying for his family.

 The Savannah Morning News/AP Photo
This Aug. 22, 1991 file photo shows Troy... View Full Size
 
The Savannah Morning News/AP Photo
This Aug. 22, 1991 file photo shows Troy Anthony Davis entering Chatham County Superior Court in Savannah, Ga., during his trail in the shooting death of off-duty police officer Mark MacPhail. Supporters Rally to Save Troy Davis Watch Video
  Cop Killer Troy Davis Denied Clemency Watch Video
  SCOTUS OKs 'Obese' Inmate's Execution Watch Video
 "I will grieve for the Davis family because now they're going to understand our pain and our hurt," she told the AP in a telephone interview from Jackson.

"I'm kind of numb. I can't believe that it's really happened," MacPhail's mother, Anneliese MacPhail, told the AP in a telephone interview from her home in Columbus, Ga. "All the feelings of relief and peace I've been waiting for all these years, they will come later. I certainly do want some peace."

Members of the MacPhail family are convinced Davis was guilty, but many other observers are not.

Davis had his execution stayed four times over the course of his 22 years on death row, but multiple legal appeals during that time failed to prove his innocence.

Public support grew for Davis based on the recanted testimony of seven witnesses from his trial and the possible confession of another suspect, which his defense team claimed cast too much doubt on Davis' guilt to follow through with an execution.

A growing tide of celebrities, politicians and social media users called for the execution to be delayed because of "too much doubt" present in his case.

Up to and beyond the moments of execution, the criticism continued. "Strange Fruit," a classic song about lynching, trended on Twitter, celebrities tweeted their disapproval and, after it was over, an Amnesty International official released a written statement condemning the execution.

"Killing a man under this enormous cloud of doubt is horrific and amounts to a catastrophic failure of the justice system," said Larry Cox, executive director of Amnesty International AIUSA. "Our hearts are heavy, but we have not lost our spirit of defiance. Millions of people around the world now know of Troy Davis and see the fallibility of the U.S. justice system."

The execution was delayed more than four hours as the U.S. Supreme Court weighed last-minute arguments from Davis' legal team and the state of Georgia over whether his execution should be blocked.

The court's decision to deny the stay came without comment after 10 p.m. ET.

Troy Davis Backers in Frantic Last Minute Efforts to Stop Execution

At 7:05 p.m. ET, five minutes after his scheduled death, Davis' supporters erupted in cheers, hugs and tears outside the jail in Jackson, Ga., as supporters believed Davis had been saved from the death penalty. But Davis was granted only a temporary reprieve as the Supreme Court considered the decision.

At a protest in front of the White House today, at least 12 Howard University students were arrested for failing to move off the White House sidewalk, according to ABC News affiliate WJLA. The protest there was expected to last until 7 p.m.

1 | 2 Next Page More from ABC News
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[What's This?]Related Topics: Troy Anthony Davis, Death Penalty, Supreme Court, Al Sharpton, White House, President Jimmy Carter, NAACP, Federal Bureau Of Investigation, Attorney General, Outkast
(b)Forms Law Technology Lawyer Marketing Corporate Counsel Law Students Thomson Legal Record JusticeMail Newsletters  FindLawCaselawGeorgiaGA Supreme Ct.FAIR v. STATESupreme Court of Georgia.
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FAIR v. STATE

FAIR v. The STATE.

Jolly v. The State.

Nos. S10A1034, S10A1035.

-- November 22, 2010

This is the second interim appellate review of two related cases in which the State seeks the death penalty. See Fair v. State, 284 Ga. 165 (664 S.E.2d 227) (2008). Antron Dawayne Fair and Damon Antwon Jolly are co-indictees who were originally charged with one count of malice murder and three counts of felony murder in connection with the shooting death of Bibb County Deputy Joseph Whitehead while he was on assignment as an investigator with the Middle Georgia Drug Task Force. The State contends that both defendants opened fire on Deputy Whitehead as he and other members of the Task Force and the Bibb County Drug Unit were executing a “no-knock” warrant in the early morning hours of March 23, 2006.

After this Court decided certain issues in their cases on interim review, see id., Fair and Jolly were jointly re-indicted on a thirty-four-count indictment that includes one malice murder count and five felony murder counts. Pursuant to OCGA § 17-10-35.1, we granted their second applications for interim review to consider whether the trial court erred in denying their motions to declare unconstitutional the statutory aggravating circumstance described in OCGA § 17-10-30(b)(8) and in ruling that the immunity from prosecution prescribed by OCGA § 16-3-24.2 could not apply to their cases because the officers' entry was in fact lawful. We also directed the parties in Fair's case to address whether the trial court erred in conducting hearings in Fair's absence and without obtaining a valid waiver from Fair and in denying Fair's motion regarding an alleged conflict of interest arising from the fact that both Fair and Jolly are represented by employees of the Office of the Georgia Capital Defender. For the reasons that follow, we affirm in part, reverse in part, vacate in part, and remand with direction.

1. In the defendants' first interim review, we directed the parties to address whether the trial court erred in denying the defendants' requests that the jury be charged in any sentencing phase that the State bears the burden to prove beyond a reasonable doubt that the defendants knew that the victim was a peace officer engaged in the performance of his duties at the time of the shooting in order to prove the sole statutory aggravating circumstance alleged by the State in its notice of intent to seek the death penalty, namely, that “ ‘[t]he offense of murder was committed against a peace officer while he was engaged in the performance of his official duties.’ “ Fair, 284 Ga. at 167(2)(b). See OCGA § 17-10-30(b)(8). The defendants' motions in the trial court focused on the question of whether the principles of statutory construction dictated a conclusion that the (b)(8) statutory aggravating circumstance required proof that the defendant knew that the victim was a police officer, and the trial court did not rule on the constitutionality of the statute.

In their briefs to this Court, the defendants also focused their arguments on statutory construction. Nevertheless, at oral arguments the defendants argued the constitutionality of the statute if this Court construed it so as not to require scienter. However, this Court will not pass upon the constitutionality of a statute “unless it clearly appears that the point was directly and properly made in the court below and distinctly passed on by the trial judge. ” In re Boult, 227 Ga. 564, 564 (181 S.E.2d 821) (1971) (citation and punctuation omitted). See also Alexander v. State, 239 Ga. 810, 810 (239 S.E.2d 18) (1977). Therefore, while noting that there was no constitutional issue before us, Fair, 284 Ga. at 169(2)(b), we applied principles of statutory construction to “construe the (b)(8) circumstance as not requiring knowledge on the part of the defendant that the victim was a peace officer or other designated official engaged in the performance of his duties.” Id. at 170(2)(b). On remand, the defendants moved the trial court to declare OCGA § 17-10-30(b)(8) unconstitutional under the federal and state constitutions. The trial court denied the defendants' equal protection challenge and reserved ruling on their challenge based on the ban on cruel and unusual punishments.

A. Equal Protection Challenge. The defendants contend that the trial court erred in denying their equal protection challenge to the OCGA § 17-10-30(b)(8) statutory aggravating circumstance. While the defendants make their challenge under the equal protection clauses of both the federal and state constitutions, “ ‘[b]ecause the protection provided in the Equal Protection Clause of the United States Constitution is coextensive with that provided in Art. I, Sec. I, Par. II of the Georgia Constitution of 1983, we apply them as one.’ “ Favorito v. Handel, 285 Ga. 795, 797(1)(b) (684 S.E.2d 257) (2009) (citation omitted).

In order to mount a successful equal protection challenge to a statute, a claimant must initially establish that he is similarly situated to members of the class who are treated differently from him. Reed v. State, 264 Ga. 466, 466 (448 S.E.2d 189) (1994). The trial court correctly found that Fair and Jolly are similarly situated to defendants against whom the State seeks the death penalty under one or more of the statutory aggravating circumstances as provided in OCGA § 17-10-30(b). See Woodard v. State, 269 Ga. 317, 321-322(2) (496 S.E.2d 896) (1998) (stating that criminal defendants are similarly situated for equal protection purposes only if they are charged with the same crime). Assuming, without deciding, that the trial court was also correct in finding that the (b)(8) circumstance results in different treatment for similarly-situated individuals because it does not require scienter, see Fair, 284 Ga. at 179 (Hunstein, J., dissenting) (stating that “the other ten statutory aggravating circumstances ? all appear to require an element in addition to murder of which the defendant, either expressly or impliedly, must have had knowledge”), we conclude that the trial court properly denied the defendants' challenge under the second prong of the evaluation. See Reed, 264 Ga. at 467 (explaining that there are two prongs to an evaluation of legislation under an equal protection claim).

If a claimant has established that he is similarly situated to members of the class who are treated differently from him, the statute must next be assessed to determine under what analysis it is tested.

When assessing equal protection challenges, a statute is tested under a standard of strict scrutiny if it either operates to the disadvantage of a suspect class or interferes with the exercise of a fundamental right? If neither a suspect class nor a fundamental right is affected by the statute, the statute need only bear a rational relationship to some legitimate state purpose.

Barnett v. State, 270 Ga. 472, 472 (510 S.E.2d 527) (1999) (citations and punctuation omitted).

The defendants do not contend that they are members of a suspect class. Both defendants do contend, however, that the (b)(8) circumstance interferes with a fundamental right, the right to life, because if a defendant is convicted of murder and in the sentencing phase the jury trying his case finds beyond a reasonable doubt the presence of the (b)(8) circumstance with regard to his case, the jury is authorized to recommend a death sentence for that defendant. See OCGA § 17-10-30(b)(8), (c). Therefore, Fair and Jolly maintain that strict scrutiny analysis is applicable and, accordingly, that the trial court erred in applying rational basis analysis instead. The defendants further contend that the trial court's alleged error resulted from its reliance on case law involving equal protection challenges by defendants who, unlike them, had already been convicted and sentenced to death and who, therefore, no longer possessed a fundamental right to life.

The trial court did not err, however, in refusing to apply strict scrutiny analysis in considering the defendants' equal protection challenge on the basis that the punishment prescribed by the criminal statute involves an interference with a fundamental right. The relevant inquiry in deciding whether strict scrutiny analysis or rational basis analysis applies to determine whether a criminal statute violates equal protection rights is not whether the punishment the criminal statute prescribes interferes with a fundamental right, but whether the behavior proscribed or regulated by the statute itself involves a fundamental right. See Barnett, 270 Ga. at 472 (holding that the DUI statute setting forth a blood alcohol concentration standard different for persons under age 21 than for persons above age 21 where there exists a statutory presumption that persons are deemed not to be under the influence of alcohol was subject to rational basis analysis, because “[d]riving a vehicle under the influence of any amount of alcohol is not a fundamental right”).

Furthermore, as to any argument that a higher level of scrutiny is required simply because a defendant's potential punishment is the death penalty, we find persuasive the Fifth Circuit's reasoning that Gregg v. Georgia, 428 U.S. 153 (96 SC 2909, 49 LE2d 859) (1976), teaches otherwise. As the Fifth Circuit explained:

In Gregg, the Supreme Court stressed, in the context of the death penalty, the deference which a court should give a legislature's judgment. [Cit] Because of the complexity of determining the need for the death penalty, the Court found that the decision to authorize capital punishment for some classes of crimes was one that was best left to the legislature unless “clearly wrong .” [Cit.] Although the issue in Gregg was whether the legislature's decision to impose the death penalty violated the eighth amendment because of the severity of the punishment, the degree of deference which the Court's “clearly wrong” test accorded the legislative judgment convinces us that the ? equal protection clause[ ] do[es] not require a higher level of scrutiny for legislative classifications that may result in the death penalty.

Gray v. Lucas, 677 F.2d 1086, 1104(V) (5th Cir.1982) (holding that a defendant's equal protection challenge to Mississippi's death penalty statute was properly assessed under a rational basis analysis).

Because the relevant inquiry in determining what analysis to apply is not whether the punishment resulting from a violation of the statute interferes with a fundamental right, the defendants' contention that the fact that they have not been convicted and sentenced to death and, thus, still possess a fully-intact fundamental right to life is irrelevant to determining what analysis applies. What is relevant is the behavior that the (b)(8) circumstance proscribes, which is the murder of “a peace officer, corrections employee, or firefighter while engaged in the performance of his official duties.” OCGA § 17-10-30(b)(8). Therefore, the proper inquiry is whether that behavior involves a fundamental right. The obvious answer is that it does not.

“ ‘Since the statute does not disadvantage a suspect class or interfere with the exercise of a fundamental right, it need only bear a reasonable relationship to a legitimate state purpose. [Cits .]’ [Cit.]” Barnett, 270 Ga. at 472. Under a rational basis analysis, “[a] statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.” McGowan v. Maryland, 366 U.S. 420, 426(I) (81 SC 1101, 6 LE2d 393) (1961). “If the classification has some reasonable basis, it does not offend the Constitution simply because the classification is not made with mathematical nicety or because in practice it results in some inequality.” Dandridge v. Williams, 397 U.S. 471, 485(II) (90 SC 1153, 25 LE2d 491) (1970) (citation and internal quotation marks omitted).

The legislative intent behind omitting a knowledge requirement from OCGA § 17-10-30(b)(8) was to protect peace officers by providing as a sentencing option the severest form of punishment for anyone who murders a peace officer or other designated official while in the performance of his official duties. See Fair, 284 Ga. 169(2)(b) (holding that “[i]t is logical to conclude that the General Assembly purposely” omitted a knowledge requirement from the (b)(8) circumstance, because “[a] contrary conclusion would in some cases prevent the imposition of the death penalty for the murder of an officer enforcing an unpopular law and would wholly preclude that punishment for the murder of an ‘agent acting under cover,’ “ and noting that “ ‘legitimate conduct [does not] become[ ] unlawful solely because of the identity of the [victim]’ “ but that “ ‘the offender takes his victim as he finds him’ ”) (quoting United States v. Feola, 420 U.S. 671, 684(II) (95 SC 1255, 43 LE2d 541) (1975) (involving a statute that prohibited assault on a federal officer and did not require proof of knowledge that the intended victims were federal officers)).

The United States Supreme Court has recognized that “the life of a police officer is a dangerous one,” Roberts v. Louisiana, 431 U.S. 633, 636 n. 3 (97 SC 1993, 52 LE2d 637) (1977), and that society has “a special interest in affording protection to these public servants who regularly risk their lives in order to guard the safety of other persons and property.” Id. at 636 (footnote omitted). Undercover officers operate at an even-further-heightened risk to their safety. See Note and Comment, Closing the Courtroom for Undercover Police Witnesses: New York Must Adopt a Consistent Standard, 4 J.L. & Pol'y 659, 680 (1996) (listing several reasons why officers working in undercover operations targeted at illegal drug trafficking are placed at significant risk). However, “[u]ndercover operations are an indispensable tool for effective law enforcement[,] ? [a]s ? ‘many crimes ? could not otherwise be detected.’ “ Note, Economics, Causation, and the Entrapment Defense, 2001 U. Ill. L.Rev. 1207, 1245 (93 SC 1637, 36 LE2d 366) (2001) (quoting United States v. Russell, 411 U.S. 423, 445 (93 SC 1637, 36 LE2d 366) (1973) (Stewart, J., dissenting)).

The only surviving witness to the murder of a plain-clothes or undercover officer could well be the perpetrator himself. In such a case, the murdered officer would not be available to testify that he identified himself as an officer to the defendant, who would be unlikely to admit that he knew that he was killing an officer. Because the (b)(8) circumstance does not require scienter, however, a defendant may face a possible death sentence if he kills a peace officer regardless of whether there is anyone to testify that the officer identified himself to the defendant before the killing. The awareness of that possibility will serve to deter at least some prospective offenders. See Cheeley v. Henderson, 261 Ga. 498, 503 (1991) (“Everyone is presumed to know the law?”). The deterrence of crimes by prospective offenders is a legitimate societal purpose served by the death penalty. See Gregg, 428 U.S. at 183-187(III)(C). Thus, providing the death penalty as a sentencing option for the murder of a peace officer serves two legitimate societal purposes. It deters the crime of murder of peace officers, which, in turn, results in the protection of those officers.

The above situation constitutes a “state of facts” that “reasonably may be conceived to justify” the classification created by the (b)(8) circumstance. McGowan, 366 U.S. at 426. Therefore, we conclude that the (b)(8) circumstance bears a rational relationship to the legitimate state purposes of providing deterrence of possible harm to peace officers and, thus, of protecting officers. Accordingly, the trial court did not err in holding that the (b)(8) statutory aggravating circumstance does not violate equal protection.

B. Ban on Cruel and Unusual Punishments Challenge. The defendants argue that not requiring scienter in the (b)(8) statutory aggravating circumstance also violates the ban on cruel and unusual punishments under the state and federal constitutions. See U.S. Const., Amend. VIII; Ga. Const. of 1983, Art. I, Sec. I. Par. XVII. See also Fleming v. Zant, 259 Ga. 687, 690(3) (386 S.E.2d 339) (1989) (recognizing that “[f]ederal constitutional standards represent the minimum, not the maximum, protection that this state must afford its citizens”). The trial court did not err in declining to rule on this issue pretrial, because it is “the sentence actually imposed, not a potentially greater sentence, which must be subjected to this constitutional scrutiny.” Lambeth v. State, 257 Ga. 15, 16 (354 S.E.2d 144) (1987). Accordingly, this constitutional issue is not ripe for review. See Pimper v. State ex rel. Simpson, 274 Ga. 624, 627 (555 S.E.2d 459) (2001) (holding that this Court was without jurisdiction to consider constitutional issues “not ruled upon by the trial judge after having been raised in the trial court”).

C. The Trial Court's Proposed Submission of a Special Interrogatory. Because the (b)(8) statutory aggravating circumstance does not require knowledge on the part of the defendant that the victim was a peace officer or other designated official engaged in the performance of his official duties, see Fair, 284 Ga. at 170(2)(b); OCGA § 17-10-30(b)(8), the trial court erred in ruling that, if the jury in either defendant's case returned a sentence other than life with the possibility of parole, the jurors in that case would be asked to answer a special interrogatory on the question of the defendant's knowledge of the victim's status as a peace officer. Compare Weatherspoon v. K-Mart Enterprises of Ga., Inc., 149 Ga.App. 424, 427(1) (254 S.E.2d 418) (1979) (finding no error in the trial court's submission of interrogatories to the jury where “[t]he interrogatories were responsive to the facts and issues”). Accordingly, we reverse that portion of the trial court's order directing that such an interrogatory be submitted to the jury.

2. Both Fair and Jolly filed motions to dismiss their murder prosecutions under OCGA § 16-3-24.2, which creates a criminal immunity from prosecution for persons using threats or force in accordance with the statutes defining justification in the use of force in defense of self and others, in defense of habitation, and in defense of property other than a habitation. See OCGA § 16-3-21, -23, and -24. After conducting hearings on the defendants' motions during which the parties presented extensive testimony and evidence, the trial court reserved its ruling in both defendants' cases, stating that it would not rule on the issue until the close of evidence at trial. In the first interim review of these cases, we directed the trial court to rule on the issue of immunity pre-trial. See Fair, 284 Ga. at 165-166(1) (holding that “ ‘the decision as to whether a person is immune under OCGA § 16-3-24.2 must be determined by the trial court [as a matter of law] before the trial of that person commences' ”) (quoting Boggs v. State, 261 Ga.App. 104, 106 (581 S.E.2d 722) (2003)).