Houston County man released from prison after judge grants rare legal request
After spending 28 years arguing to be released from custody, Jessie James Askew Jr.’s prison time ended Friday in an emotional hearing at the Houston County courthouse in Perry.
The district attorney in 1998, Kelly Burke, convinced the judge in Askew’s case to hand down a sentence of life without parole for robbing Morrison’s Fresh Cooking.
Burke, who attended Friday’s hearing, has since regretted his decision, calling it “unfair,” and has spent a decade fighting for Askew’s sentence to be reconsidered, he previously told The Telegraph.
Despite multiple legal challenges and denials over the years, a consent order signed Friday by the current Houston County District Attorney Eric Edwards and Askew’s defense attorneys, Kendell Long and Michael Admirand, finally allowed for Askew’s release.
This was the first time Edwards consented to modify someone’s sentence who was originally prosecuted by a former district attorney.
Judge G.E. “Bo” Adams said he found the request appropriate.
Askew’s life sentence was changed to 25 years in prison, with the judge giving him credit for “all time served since Sept. 6, 1997,” the consent order filed Friday said.
“The intent of the parties and the Court is that once this order is entered, Askew will have completed his sentences in this case,” the order said.
Askew, 52, left the courtroom in tears, smiling at his family, who he would be returning home to in the afternoon.
Why were they fighting for Askew’s release?
Jurors in February 1998 found Askew guilty in an armed robbery incident the previous year at Morrison’s Fresh Cooking, where Askew was an employee. No one was injured.
To prove his tenacity as a first-time district attorney, Burke pushed for a severe sentence. His insistence, plus Askew’s previous felony convictions, convinced the judge that Askew should spend the rest of his life in prison, without the possibility of parole.
Burke’s reasoning was based on Georgia’s recidivist statutes, which were new at the time of Askew’s case and would give repeat felony offenders a severe sentence other than death.
Burke initially believed that Askew would be released from prison after serving a couple of years, he previously told The Telegraph.
Parole boards were more willing to adjust sentences back then, the former prosecutor said.
“My experience of parole was in one door and out the other… I thought, Jessie will serve some amount of time and get out. That was normal,” Burke said. “But this law of recidivism was a new law, and they said, ‘without parole.’ I didn’t think they really meant it.”
In Friday’s hearing, Admirand argued the sentence was too severe and should have “never been applied” in Askew’s case.
“If you look at sentencing practice in Houston County today, most people who are serving life without parole... 85% of them were convicted of murder or rape,” Admirand said. “Jessie is one of the six people who were sentenced to life without parole for a less aggravated offense, and one of just two people who received life without parole even though he didn’t have a prior conviction for a violent offense.
“That comparison demonstrates that Jessie’s sentence is unusually severe when compared to other cases in Houston County,” Admirand said.
Burke realized his mistake a few years after recommending the sentence — even more when he was diagnosed with cancer in 2017 that spread to his brain stem. Since then, he has supported Askew’s argument about the legality of the sentence.
“They filed a habeas (corpus), they filed appeals, everything that somebody can do, and I even went to some of those hearings as a witness,” Burke said. “I said, ‘Judge, I feel bad, this is my fault. I overreacted.”
Burke was present in the hearing on Friday, free of cancer, and satisfied that Askew’s 28-year-long journey to release ended.
Askew ‘well-prepared’ to integrate into society
During his 28 years in prison, Askew completed a range of behavioral, educational and vocational programs, according to Long. Askew worked various jobs within the prison system, like “ housekeeping, cleaner, recreation coordinator, sanitation, labor, custodial, maintenance, industrial printer, painter and recreational aid,” he said.
About 13 correctional staff at the institution commended Askew in letters given to the judge. Some of them were from medical staff Askew recently worked with.
“To highlight the substance of some of these letters, one person describes Jessie as ‘exemplifying the quality of a model member of society, his commitment to personal development and his consistent demonstration of responsibility, reliability and integrity made me confident that he is well-prepared to (return) to the community,’” Long said.
“Another individual wrote that Jessie ... has shown genuine character growth and a strong sense of accountability. From their perspective, he has fulfilled his sense of dignity,” Long said.
Deitra Robinson and Jessica Davis, who were victims in the robbery, advocated for Askew’s release Friday.
Robinson, who worked alongside Askew at Morrison’s, told the judge she was “devastated and shocked when I learned that Jessie was sentenced to life without parole.”
The sentencing “greatly impacted my view of the criminal justice system,” she said.
Davis, Askew’s sister, said their relationship goes deeper than his crime and conviction. The 28 years Askew spent in prison were painful for their family, she said.
She asked the judge to grant leniency so that Askew could return to his family.
“I’ve had time to reflect, heal and consider who my brother truly is,” Davis said. “I believe this incident does not define him. I have seen remorse, growth and a desire to do better. This means a lot to me, not just as a victim, but as a sister.
“I respectfully ask the court to consider leniency and to allow my brother the chance to come home and make things right.”
This story was originally published April 24, 2026 at 2:11 PM.
