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Kevin Upkins

 

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​College Park, GA- On February 14, 2009, Mr Kevin Upkins was given a sentence of ​Life Without Parole for Armed Robbery, a crime which he did not commit.  His situation should shed some light on the justice system in the state of Georgia: Guilty until proven Guilty.

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Date: May 2, 2008​

City: Douglasville, GA  ​

The facts surrounding the case are as follows: No witness or the victim ever identified Mr Upkins before trial, and there was never a photo lineup ever done, even after Mr Upkins was apprehended in December 2008. The victim originally stated during the incident, she would not be able to identify the suspects, although they were not wearing masks.  She appears in the courtroom almost two years later and points out Mr Upkins, who was the only black male in the courtroom.  When Mr Upkins wife Tomeka Roberson Upkins made contact with the Detective handling the case to give Mr Upkins alibi( which was never disputed in the courtroom), she was then threatened with perjury by that Detective.  During the cross examination at the Preliminary Hearing, the Detective mentioned Anthony Cox and Mr Upkins jumped the counter and stuck a gun in the victim's face, afterwards  Mr Cox was never mentioned again, not even as a suspect or Mr Upkins co-defendant.​

The handling of the evidence holds alot of suspicion as well.  When the Detective arrived on the scene, he testified to preserving the evidence, but did not show that detail in court.  Also, he held the evidence in his possession for 14 days before turning them into the Evidence Custodian.  The alleged armed robbery took place on May 2, 2008, the Detective did not submit the evidence until October of 2008.  During that time Anthony Cox was sitting in the Cobb County jail, which is located right next to Douglasville.  He also stated that the GBI agent contacted him at his residence on November 7th stating that the prints matched Mr Upkins, but his GBI report states that he did not receive Mr Upkins prints until November 12th.  During the time the evidence was in the Douglasville Police Department, someone entered into the evidence without signing on the evidence envelope or evidence sheet of whom they were.  They only dated it!  Four months before trial was to begin, this same Detective re-fingerprinted Mr Upkins without his attorney being present, which Mr Upkins requested his attorney before the Detective started.  The Detective stated he wanted to makes sure that they had the right person in custody, but Mr Upkins had been sitting in their jail for almost two years.

One week before trial was to begin, Mr Upkins attorney went to the District Attorney's office to try to obtain the evidence, and was told by personnel  in the office that they could not find the evidence, but was provided the evidence a day before trial.  Mrs Upkins had already hired a fingerprint examiner to have the evidence examined a week before trial.  When the expert arrived in Douglasville a day before trial, he had approximately 30 minutes to examine the evidence and was the served with a subpoena by the District Attorney's office on the spot to testify against Mr Upkins, after he was paid by Mrs Upkins.  He testified the he did not have adequate enough time to examine the original evidence.  The District Attorney's office then provided him with photocopies of the checks to examine, where he then stated that Mr Upkins prints were on the photocopies. 

Mr Upkins was tried and convicted by an all white Judge, District Attorney and Jury, with the exception of one black female in the jury box.

For seven years, his wife who has faithfully stood by his side fighting this injustice and maintaining her husband's innocence is not giving up even though she has endured alot.  The passing of her mother from pancreatic cancer on Father's Day of 2011, to working a full time job, raising five children without the help of her husband.  She also attends rallies being held for her husband, has gone to her State Representatives at the State Capital, made videos in hopes of helping to bring awareness to her husband's case.  She had once down-sized her living space to a one bedroom apartment just to help husband.  Also, she has spent countless dollars on attorneys that promise to help, but do absolutely nothing! Financially and emotionally this situation has taken a toll on the Upkins!​ ​This family needs your support.