We have created this website out of deepest concern and outrage for the continued wrongful imprisonment of E. Howard Whisenant, who is completely innocent of the crimes alleged against him. 

On June 6, 2001, Howard was sentenced to 70 years in prison for a series of allegations made against him after he accidentally discovered (on Sept 5, 2000) that his wife was in town and NOT in Atlanta, Georgia working as a flight attendant for AA.  Howard, unable to contact his wife, confronted her by leaving a message on her voicemail asking her why she had lied to him.  The very next day (September 6), his wife appeared to her doctor with bruises, and afterwards she went to authorities and made the allegation that Howard had beaten her on August 31.  However, she communicated to her doctor during her visit September 6 that the assault had occurred that day (September 6) and the evening before, (as this was obvious to the doctor).   The doctor testified that the injuries were consistent with having occurred the day of the visit. 

His wife continued making allegations until January 11, when she actually went as far as shooting herself in the thigh!  Law authorities and medical authorities both concluded from evidence that the shot was self-inflicted and made recommendations to have her committed to a mental health care facility.  Law authorities also concluded from evidence that the crime scene had been staged.  Moreover, Howard’s wife and her lover purchased the gun used in the shooting.  At the hospital, a nurse found one of the bullets in the pocket of her jeans!  This was the only other bullet found aside from the ones in the gun.  Five weeks later, frustrated that Howard still had not been charged with the crime, his wife revised her account to include a heinous sexual assault.   At this point, evidence to dispute or support her new claim was no longer attainable. Her revised account was the only “evidence” to support this modified story.  Despite the nonexistence of evidence to support her revised, embellished claim, and despite the prior evidence and conclusions drawn from the crime scene investigation, (which supported self-inflicted gunshot, staged scene, and mental commitment), Howard was charged, arraigned, and indicted by a specially assembled grand jury on February 16th, and arrested when he arrived at the courthouse the following day to appear for a divorce hearing. 

            Howard was offered several plea bargains, but he refused to lie or confess to crimes he DID NOT COMMIT.  Each time Howard refused to plea bargain, his bond was raised and more indictments were added.  By the time of trial, Howard’s bond had been elevated to $3,250,000.00 with 14 indictments stacked against him.  Howard’s attorney displayed intense anger at Howard’s refusal to plea bargain and had done very little to prepare a defense.  Howard was ultimately offered a plea bargain with a sentence of approximately 5 years, but he steadfastly refused to plead guilty for things he didn’t do.  To this day Howard maintains his innocence and does not regret this decision, although he has lost his freedom and is also very ill from a serious colon condition, which has grown steadily worse in the prison environment.

Why would Howard’s wife make these allegations against her husband? 

Howard’s wife had a great deal at stake upon Howard’s discovery that she had been lying about her employment at American Airlines.

·         The exposure of the double life she had been leading while under the pretense of working for American Airlines.  When the details of her extended absences from the home and her children displayed her involvement in several topless clubs in the area, substance abuse, and her extramarital relationship, she would almost assuredly lose custody of the children.  

·         Without custody of the children, she would likely receive a very small portion of Howard’s assets.  These assets included the family business (three Subway Sandwich stores), a $250,000, six-bedroom home with a swimming pool, waterfront property at the gulf coast, a motor-home, and funds in a variety of accounts. 

·         It was imperative that she keep her affair from exposure. Probing into her affair would reveal that she had been taking money from the family business to lavish her lover with expensive gifts and outings, reveal that her lover was abusive, and invariably, the dream-life she was planning with him would be crushed.

According to one witness who had been employed with Howard’s wife’s lover:

·         He bragged that he was seeing a woman who owned three Subway Sandwich stores. 

·         He described himself as her “male whore”, and said that she had bought him an expensive stereo and would buy him whatever he wanted, including a motorcycle.

·         He said that she wanted him to beat her up so she could “put it on her husband” and have him move in with her. 

·         He said that she was in love with him, and added that he was looking forward to living in their big house with a swimming pool and being partial owner in the Subway stores.  

Before this witness could give his testimony, the jury was sent out (at the State’s request) and a recess was called.  The State made it known that this witness would be arrested for an outstanding warrant (insufficient check written in another state years earlier) if he came back into the courthouse and gave his testimony.

            Since the trial, investigation has revealed that Howard’s wife had been involved with various strip clubs in the area.  Also confirmed was her affair and unnatural obsession with her lover.  With the exception of her lover’s father, State witnesses testified at trial that her lover was merely a good friend (like a brother) to her. 

            In addition to the absence of evidence linking Howard to the allegations, and the discounting of medical and legal opinions and existing evidence, his wife’s double life was kept completely hidden during the trial.  Although Howard had alibi witnesses, receipts, records, and other evidence proving his whereabouts during the alleged assaults, his wife’s inconsistent stories and the contradictory testimonies of state witnesses were deemed more credible than all these things combined.  How can this be?

·         The State hand-picked which witnesses and documents to disclose.  (Why did the State pay a psychiatrist $600 to have Howard’s wife examined, but did not call on the witness to testify or enter his report into evidence?  Why were so many witnesses listed who were never called?  Could it be, (as one has told us), that they refused to lie for her?  Why did the detective have the Wal-Mart receipt in the courtroom, but the Assistant District Attorney would not allow it to be shown or entered into evidence? (supported by court record).  This receipt showed that Howard’s wife had made a purchase at a time that directly contradicted her latest story of the 1998 incident.  This list is endless!

·         Also, since Howard’s attorney was only interested in plea bargaining up until the last minute and had not begun preparing a defense (until a second lawyer was finally hired), the trial was a Turkey Shoot.

·         Vital records, documents, and witnesses were not disclosed, allowed admittance, granted access to, or attained by the defense.

·         Excessive perjury was allowed by State witnesses.

      It is our hope that Howard be granted the fair trial that he was denied.   Allow a jury to reach a verdict having ALL (at least more) of the facts and testimonies on the table.  Let them judge his wife’s credibility knowing the truth about her double life and secret, sordid lifestyle.  Allow it be proven and known that Howard is the victim of an unfaithful, degenerate, manipulative spouse who practiced deceit as a lifestyle.