The State of Georgia VS. Devontae Haywood.

TO: Office of the Attorney General
40 Capitol Square, SW
Atlanta, Georgia 30334

K. David Cooke, Jr.
Macon Judicial Circuit
2nd Floor, Grand Building
661 Mulberry Street
Macon, Georgia 31201

Patrisse Cullors, Opal Tometi, and Alicia Garza.
Black Lives Matter
http://blacklivesmatter.com

Loretta E. Lynch
Attorney General of the United States
U.S. Department of Justice/Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Judge Howard Z. Simms
Superior Court Judge
601 Mulberry St
Macon, GA 31201

State Office
Georgia NAACP State Office
100 Edgewood Ave, SE, Suite 1610
Atlanta, Georgia 30303

Rev. Al Sharpton
National Action Network
House of Justice
National Headquarters
106 W. 145th Street
New York, NY 10039

Macon, Georgia Superior Court Judge Howard Simms, and K. David Cooke, Jr. Bibb County Georgia District Attorney must go. The community has stood by quietly, helpless, and observed these individuals giving prejudicial sentences to young citizens in our community. Judge Simms has the chutzpah to verbally abuse most defendants in his unrelenting and harsh sentencing methods.
Judge Howard Simms and District Attorney David Cooke, Jr. are two sides of the same coin. These two gentlemen must go; they have destroyed families all over Macon, Georgia just to score political points, and notwithstanding, most defendants are innocent who could not afford an applicable legal defense.

Simms and Cooke should have conducted themselves to the standards in the code of professional responsibilities. These are high standards, which they have not met. A lawyer, judge, and a district attorney who violate the code must be charged with professional misconduct. Judge Simms has verbally abuse defendants and most family members in his reckless verbal assaults.

When a judge acts inappropriately while overseeing a case, we have the option of filing a complaint. Complaints are not something to be taken lightly and should be filed only when the judge has truly acted in a way that violates ethical standards. He has! Judge Simms violated this standard in the State of Georgia VS. Devontae Haywood.

Judge Simms has constantly humiliated innocent defendants more often than not. All the while he rightly owned his own personal misdeeds. Judge Simms has his own unprofessional skeleton bones in his closet. Judge Simms did not uphold the integrity of the judiciary here, and he has violated the Code of Judicial Conduct, the Rules of Civil Procedure, and the criminal statutes.

Not to mention, Judge Simms and District Attorney Cooke violated Mr. Devontae Haywood's civil and constitutional rights. Anytime a judge sentenced an innocent defendant to prison, that judge has committed a crime. These are all violations of Canon 1. A nondiscriminatory judge shall avoid impropriety and the appearance of impropriety with his unseemly disrespect to the court.

Judge Simms demonstrated impropriety with the appearance of impropriety. These are all violations of Canon 2. Judge Simms sentenced Devontae Haywood, an innocent and petrified child, to an elongated prison sentence. This made no sense based upon the facts and the law. We believe he has shown the appearance of impropriety.
Canon 2-A states;
• A Judge shall respect and comply with the law.
• A Judge shall promote public confidence in the integrity of the judiciary.
• A Judge shall promote public confidence in the impartiality of the judiciary.
Judge Simms defamed this young child. Judge Simms conveyed an act of communication that caused Mr. Haywood to be shamed, ridiculed, and lowered in the estimation of the community and he has suffered a damaged reputation. Judge Simms is notorious in defaming defendants just to get his fifteen minutes of fame with the media, or he is desperately trying to get himself a reality show at the expense of innocent and wrongly accuse defendants.

Mr. Haywood could not afford a good defense attorney. His court appointed attorney (Larry Fouche’) was unproductive and ineffective at best, and extremely amateurish at worse. Moreover, Attorney Larry Fouche’ openly communicated to Mr. Haywood that prior to this inequitable sentencing phase; the prosecutor did not have any physical evidence against him.

He frightened Mr. Haywood and told him by going to trial it could lead to a life sentence, which is why they hoodwinked and tricked him to take a plea.

To this day, we don’t know whether Attorney Larry Fouche’ was working for Mr. Haywood, or the district attorney, or Judge Simms. What we do know, he only spoke five sentences or less, which were scarcely perceptible to Mr. Haywood defense.

Mr. Larry Fouche’ needs to be investigated by the State Bar of Georgia. Judge Simms must tender his resignation as a judicial official in the State of Georgia. District Attorney Cooke must apologize to the citizens of Macon, Georgia, and then relinquish his position as District Attorney, where he has caused great pain and sleepless nights to this community. He has brought a great shame to this district attorney office.

We are not going away! We will not kick the can down the road! This is not a sugar high! This will not flame out! This is a watershed moment! We are seeking justice! Dr. M.L. King Jr. writes, “Injustice anywhere, is a threat to justice everywhere.” The Prophet Amos states, “But let judgment run down as waters, and righteousness as a mighty stream” (Amos 5:24). Successful movements always start with one person!