Cancer-stricken prosecutors astonishing confession 25 years after sending an armed robber to prison

A cancer-stricken Georgia prosecutor is using whatever time he has left to fight for the release of an armed robber he had sentenced to life without parole.

Kelly Burke, who is in remission but still suffers from the condition, has admitted he was too harsh on Jessie Askew Jr., who was jailed for life in 1998.

The then-24-year-old father was convicted of stealing $5,000 from a restaurant along with his cousin.

Nobody was hurt during the ordeal, and Askew and his cousin used unloaded shot guns during the incident.

So, Askew was stunned when Burke requested life without parole at his sentencing.

Askew was eligible for the severe punishment under Georgia law as the robbery was his fourth felony offense. 

But now, Burke has revealed that even the judge in Askews case took him aside and asked him to reconsider the sentence.

But I stood stubborn, Burke testified at a 2023 habeas corpus petition hearing on the legality of Askews incarceration, the New York Times reports.

Georgia former prosecutor Kelly Burke, who has cancer, is fighting for the release of an armed robber he had sentenced to life without parole 

Jessie Askew Jr. was jailed for armed robbery in 1998 after he and his cousin stole $5,000 from a restaurant

Burke previously stated that he offered Askews lawyer a plea deal at the time of his conviction, which would have had him receive 15 years in jail, but that this was allegedly rejected.

However, Askews attorney Rodney Davis later testified that he never received any offer.

Burke has since suggested that he did not explain his plans to Davis properly, which led to him being unprepared in court.

And in another stunning twist, Askew discovered evidence that his jail term might not ever have been legal as one of the four offenses that put him behind bars for so long turned out to be a misdemeanor.

During research for his case, Askew realized that his 1994 conviction for breaking a car window should actually have been classed as a misdemeanor, as the damage was less than $500.

However, he was dealt another crushing blow when a judge ruled the habeas corpus petition hearing where he highlighted the error had to be thrown out on another legal technicality.

At the time of Askews robbery sentence, the political climate was demanding a clamp down on repeat offenders. Burke took up his position with a pledge to tackle the issue.

New laws came into effect that allowed tougher sentencing if an offenders fourth offense was a serious crime.

But Burke has since come to regret pushing for the harsh sentence and has begged the courts to have it overturned

When he took the stand at his initial trial, Askew told the court that he wanted to be around to see his baby daughter grow up.

Friends and family testified that he was a doting father who had acted out of desperation in a bid to provide for his child.

But their pleas fell on deaf ears, and Askew was committed to Telfair State Prison in Helena where he has remained ever since.

Decades later, the events still weigh heavily on Burkes conscience. He said he now understands the impact poverty had on Askews actions.

He has pledged to dedicate what little energy he has left to helping free Askew who has become known as a model inmate.

Burke too has changed, admitting that his initial over zealous approach was due to feeling anger that Askew was forcing a trial. 

Since the rejection of his Askews second habeas corpus petition in 2023, Burke has begun encouraging him to try suing him.

The case could be difficult to win, but could prove to be Askews only recourse to some kind of justice.